| PDF: |
 |
Author(s): |
Safiullin R. R., |
| Number of journal: |
4(73) |
Date: |
December 2025 |
| Annotation: |
This article examines the issue of classifying
digital rights implemented in accordance with the rules
of an information system as objects of civil regulation
in the Russian Federation.
An in-depth analysis is conducted
of the essence and legal nature of digital rights in light
of the provisions of Article 141.1 of the Civil Code
of the Russian Federation, according to which they are interpreted
as obligatory and other rights, the content parameters
and implementation procedure of which are determined
by the norms of the relevant information system.
Particular attention is paid to the methodological framework
of the study, which involves a comprehensive examination
of normative legal documents, theoretical developments,
and materials from judicial practice. International regulatory
experience is reviewed: in the European Union, the MiCA
Regulation creates a unified system for crypto-assets with
a primary focus on protecting investors; in the USA, a fragmented
approach is applied—SEC classifies tokens as securities,
and certain states recognize DAO as legal entities; in China,
strict state control is in place with a complete ban on private cryptocurrency transactions. These approaches illustrate
the need to strike a balance between fostering technological
innovations and state oversight, which can serve as a guideline
for improving the Russian legal framework, including
by enhancing the role of information system operators and optimizing
transaction verification procedures.
The research results confirm that the proposed classification
contributes to systematizing the types of digital rights
and identifying the specifics of their circulation in the digital
environment. The obtained conclusions are consistent
with doctrinal views on digital rights as a form of traditional
rights but emphasize the need to eliminate gaps in the Russian
regulation compared to foreign approaches. The recommendations
are aimed at improving standards to increase
the efficiency of electronic transactions and protect the interests
of participants. |
| Keywords: |
digital rights, civil regulation, information systems,
digital financial assets, intellectual rights, digital identity,
judicial practice, smart contracts, comparative legal studies,
legal gaps |
| For citation: |
Safiullin R. R. Classification of digital rights implemented in accordance with information system rules. Biznes.
Obrazovanie. Pravo = Business. Education. Law. 2025;4(73):279—284. DOI: 10.25683/VOLBI.2025.73.1487. |