CONCERNING THE DISCUSSION OF PROPERTY RIGHTS TO THE DIGITAL THING

Abstract

Introduction. Due to the global process of digitalization of society, various legal relations related to digital technologies arise. Absolute civil rights arise over digital things. Their legal nature, features, and the possibility of applying real property rights to digital things require further clarification. Therefore, the study of absolute rights to digital things is relevant. Civil relations regarding digital things need proper legal regulation.

The purpose of the article is to develop a scientific approach to the features of the absolute right to a digital thing. The following research methods were used. Formal-logical – in identifying types of absolute rights to a digital thing. The system-structural method was applied in clarifying the features of absolute rights and property rights in its structure. The dialectical method was used when comparing property rights with other absolute rights.

Summary of the main results of the study. Not all objects of digital technologies are digital things: the former are a variety of the latter. A digital thing has property value. Individual objects of digital technologies (digital signature) are not a digital thing. They have no property value. It is possible to apply the regime of legal regulation of property rights in relation to digital things, taking into account their legal nature. The effectiveness of legal regulation of objects with real property value is significant, as it has been tested by time. Contradictions in the legal regulation of a digital thing by property law may arise due to its specificity, which is not identical to things. This makes the right in rem an imperfect construction of an absolute right to a digital thing. A digital thing is different from a material thing: they have different properties, substance, nature. A person has a right to a digital thing or other object of digital technologies. The absolute right to a digital thing is exercised through the right of access to the digital thing.

Conclusions. Ukrainian civics is on the way to building the concept of an absolute right to a digital thing. At the first stage, it can be the application of the rules on property law, taking into account the legal nature of digital things. In the future, this specificity may turn out to be such that it will lead to the formation and regulatory consolidation of an absolute right to a digital thing, different from the right of ownership.