Digital assets as an object of civil rights

Abstract

Digital assets are new objects of civil rights that have emerged as a result of the rapid development of scien-tific and technological progress and intellectual creative activity. A digital asset is a type of property that is registered and secured by the immutability of information based on the technology of a distributed data plat-form. At the same time, such a sign as the immutability of information means that information about a digital asset must be preserved on a permanent basis, otherwise it will simply be impossible to confirm its existence and reliability. Along with this, the second sign of a digital asset should be noted — about the obligation to register it using distributed data platform technology, since it is impossible to confirm its presence in any oth-er way. A digital asset is an object of civil rights and an object of civil legal relations, since it is admitted to circulation in civil circulation. In this regard, speaking about the relationship between the concepts of “object of law” and “object of the legal relationship” should be noted for their identity, since it is hardly advisable to contrast them with each other. By their legal nature, digital assets belong to the category of property rights, which constitute the general concept of property. However, currently only secured digital assets are regulated in the legislative plan, although unsecured ones have become the most widespread in practice, unsecured digi-tal assets are becoming increasingly popular, and this must be taken into account, it is finally necessary to legislatively determine what kind of property this is and what its legal regime is.