Цифрова річ та інші цифрові блага як об’єкти цивільних прав

In the context of the development of legal relations within the digital environment, further legal regulation is necessary concerning cryptocurrencies, computer game assets, and NFTs. This contributes to the protection and safeguarding of the rights of subjects of civil legal relations, the determination of absolute rights to digital items, and their marketability. Control over a digital item or other digital good involves access to them through authentication and authorization via login credentials, passwords, and other identification methods provided by an electronic access system. The form is not the only criterion distinguishing digital items from physical ones. There are specific features regarding the acquisition, exercise, and termination of civil rights and obligations related to them. Hardware, software, and network connectivity allow access to digital content, which is another characteristic of digital goods. The notion that a digital item is merely a digital code presents a somewhat one-sided view. This is a production-based perspective, which differs from the consumer’s viewpoint. A consumer sees a digital item as a finished product (a game, digital content). The consumer qualities of a digital good are achieved through the ability to convert the digital code into images, sound, or other effects. For a digital good, consumer usability is essential – for example, the ability to play a computer game. A digital good, such as cryptocurrency, NFTs, or computer game accessories, is a visual, audio, or other type of conversion of digital code into a form that a person can perceive as sound, image, etc., through computer equipment such as a smartphone or laptop. The nature of a digital item and digital goods in general is dual. First, it has a technical (digital) foundation in the form of software code; second, it is a property or non-property benefit with consumer value. In civil law, this specificity is significant when determining the object of legal relations, the rights associated with it, and the conclusion of contracts.