A DIGITAL THING AS THE OBJECT OF A THREAT OF DAMAGE TO AN INDIVIDUAL IN OBLIGATIONS TO COMPENSATE FOR DAMAGE CAUSED AS A RESULT OF RESCUING THE PROPERTY OF AN INDIVIDUAL

The article is devoted to the definition of the features of a digital thing as an object of the threat of damage to an individual in obligations to compensate for damage caused as a result of rescuing the property of an individual. The normative and doctrinal understanding of the concept of a digital thing is analyzed. It has been established that in their positions on the signs of a digital thing, scientists reflect the content of Art. 179-1 of the Central Committee of Ukraine. The main feature is the inherent connection of a thing with the digital environment, where the thing is created and exists only in digital electronic form. Features of certain types of digital things (virtual asset, digital content) are revealed. The features of virtual assets have been established: (1) an intangible good; (2) is an object of civil law; (3) has property value because it has value; (4) the content constitutes a set of data on property rights; (5) exists in electronic form; (6) access to the virtual asset is carried out through the wallet of the virtual asset (software or software and hardware complex) using the virtual asset key; 7) the owner of virtual assets is the owner of the key, except for cases provided for by law; 8) is not a means of payment on the territory of Ukraine and cannot be the subject of exchange for property (goods), work (services). Features of digital content are singled out: (1) it is data; 2) exists in the digital environment, that is, it is created and provided in digital form. It was concluded that the digital thing is endowed with the following features: (1) intangible property good; (2) integral to the digital environment; (3) has property value determined by the demand for them; (4) is property; (5) the legal regime of the thing extends to the digital form of the external manifestation of the digital thing; (6) the regime of property rights applies to them; (7) the content of the digital thing is the results of intellectual, creative activity, information, property rights, non-cash money, undocumented securities, services, personal non-property goods, etc.; (8) individually defined things; (9) absolute rights to a digital thing arise, that is, exclusive control by the person who has access to it. It has been established that the obligation to compensate for damage caused as a result of the rescue of the property of an individual may be related to a threat aimed at the digital thing of an individual. For example, when averting damage from a cyber attack, attackers gained access to the rescuer's personal data; when rescuing a server, laptop or hard drive where critical digital assets (accounting, legal documents, scientific works, creative developments, etc.) are stored, the rescuer is harmed to life, health or property. It is noted that the person who committed rescue actions regarding digital things may also be harmed morally. In addition, the honor, dignity and business reputation of rescuers may suffer.