Elimination of gaps in civil legislation through the introduction of the category «digital rights»

In the context of global competition in the market of new technologies, forecasting the prospects and risks of legal regulation of public relations is of great importance. The rapid increase in the legislation reflects the accelerating pace of social development. The redistribution of competencies, lowering the level of special norms in the hierarchy of sources of law, the use of regulatory guillotine tools are required. Moreover, social relations should develop harmoniously and efficiently, in a sound regulatory framework. Since the 1990s, the number of scientific articles on the procedure for civil circulation of virtual reality objects (cyberspace) has grown rapidly, ideas from which have passed into the legislation and judicial practice. Emphasis was placed not long time ago only on specific problems. Today legal scholars are discussing the issues of regulating relations on the Internet actively, not only within the framework of individual cases, but also from general philosophical perspective. In discussions about the need to classify digital rights as objects of Russian civil law, the legal community is divided: on the one hand, law is universal for the material world and for cyberspace. On the other hand, from a utilitarian point of view, the presence in the law of a special reference to digital rights will provide a correct guidance for law enforcement and also will accelerate trade by giving a positive signal to investors about the prospects in new markets. At the same time, judicial practice on digital rights is poor, but we can see from it the urgent need for the rapid development of the concept of digital rights in private and public relations.

цифровые права, судебная практика, киберпространство, объекты гражданских прав, Интернет