DIGITAL RIGHTS: CERTAIN PROBLEMS OF INTERPRETATION OF PROVISIONS OF ARTICLE 141.1 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION

In Russia there are several norms about digital rights which have recently appeared. The legislator has established general rules (Article 141.1 of the Civil Code of the Russian Federation) and special regulation in relation to certain types of digital rights (digital financial assets and utilitarian digital rights). At the same time, we can see the significant role of the correct interpretation and understanding in the case of these rules in order to form the unified judicial practice. The relevance of the study is caused, among other things, by the fact that not all norms on digital rights can be understood unambiguously. Regarding a number of provisions of the legislation, questions may arise about their imperativeness or dispositively. The correlation of the digital rights regime with the regime provided for other objects causes some difficulties. The author offers a solution to some of the possible practical problems in the declared sphere.

Authors

Publication Details

Journal
Banking law
Published
2024-08-15
DOI
https://doi.org/10.18572/1812-3945-2024-3-16-23
Citations
2
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
1.66
Controls
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article

DIGITAL RIGHTS: CERTAIN PROBLEMS OF INTERPRETATION OF PROVISIONS OF ARTICLE 141.1 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION

A. A. Volos
2 citations
Banking law
Digital Transformation in Law
1.66
article

DIGITAL RIGHTS: CERTAIN PROBLEMS OF INTERPRETATION OF PROVISIONS OF ARTICLE 141.1 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION

A. A. Volos
article en
2 citations

Abstract

In Russia there are several norms about digital rights which have recently appeared. The legislator has established general rules (Article 141.1 of the Civil Code of the Russian Federation) and special regulation in relation to certain types of digital rights (digital financial assets and utilitarian digital rights). At the same time, we can see the significant role of the correct interpretation and understanding in the case of these rules in order to form the unified judicial practice. The relevance of the study is caused, among other things, by the fact that not all norms on digital rights can be understood unambiguously. Regarding a number of provisions of the legislation, questions may arise about their imperativeness or dispositively. The correlation of the digital rights regime with the regime provided for other objects causes some difficulties. The author offers a solution to some of the possible practical problems in the declared sphere.

Banking law
Peace, Justice and strong institutions
Openalex Percentile: Top 14%
Digital Transformation in Law
1.66
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DIGITAL RIGHTS: CERTAIN PROBLEMS OF INTERPRETATION OF PROVISIONS OF ARTICLE 141.1 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION — A. A. Volos · Banking law (2024) | TGRS Research Map | TGRS