Keyword: «digital rights»
This study is devoted to the problematic aspects of the transformation of civil law institutions, caused by the digitalization processes. The author conducts a comprehensive analysis of the impact of digitalization of the economy on the sphere of civil law, considering the change of doctrinal ideas about elements of civil legal relations, key directions of law-making activities aimed at the creation of legal norms, adequate new technological reality, formation of appropriate law enforcement practice.
The article deals with the rethinking of objects of civil rights in the context of digitalization. The main problems that hinder the effective legal regulation of new digital objects of civil rights are considered. Special attention is paid to the coverage of problems concerning the legal regulation of digital rights.
The article analyzes the main categories of various digital instruments that have been enshrined in the legislation of the Russian Federation. The article reveals the relationship between digital assets and digital rights, utility digital rights, digital financial assets, digital currency, and the digital ruble, as a whole and a part. It also highlights the interest of both the government and commercial organizations in digital financial assets, with the government's participation in their capital. The article discusses the main directions for developing legislation that regulates the use of government digital assets.
The article examines the correlation between the right to privacy, the right to information, freedom of expression, and personal data protection in the context of digitalization. It analyzes the Constitution of the Russian Federation, civil, information, media, personal data, criminal and criminal procedure legislation, as well as Russian judicial practice and the case law of the European Court of Human Rights. The study substantiates the need to balance constitutional values through criteria of legality, consent, public interest, and proportionality. It identifies gaps in defining private life information and regulating access to digital correspondence, proposing legislative amendments to improve legal certainty.
The article examines the transformation of individual subjective rights under the influence of the development of digital technologies and the emergence of digital reality. The authors trace the evolution of traditional subjective rights, analyzing how digitalization changes the conditions for their implementation, the mechanisms of protection, and the ways of asserting them. Special attention is paid to the emergence of new categories of rights – in particular, the so called digital rights (including the right to access the internet, the right to protection of personal data, etc.), as well as the specifics of their legal consolidation in national legislation.

Anna Yakovleva-Chernisheva