Civil-legal regulation of public relations in the digital environment

Keywords: Internet law, IT law, smart contract, mechanism of legal regulation, legal regulation, digital thing

Abstract

Introduction. Digitization of society is a global process that includes legal aspects. In the context of the digital transformation of society, various social relations related to digital technologies arise. These relations concern digital things in respect of which absolute and relative civil rights arise. Their legal nature requires further clarification. Therefore, the study of social relations in the digital environment is relevant. Such relations should be accompanied by appropriate legal regulation.

The purpose of the article is to reveal the peculiarities of civil law regulation of social relations in the digital environment. The following research methods were used. Formal and logical - in identifying types of legal relations in the digital environment. The system-structural method was applied to reveal the peculiarities of legal relations in the digital environment. The dialectical method was applied when comparing contracts in civil law and smart contracts.

Summary of the main results of the study. Legal norms that regulate social relations in the digital environment began to be embodied in the Central Committee of Ukraine, separate laws. The understanding of a thing in civil law takes into account the existence of such an object in the digital environment. Property rights are extended to property taking into account European legal practice. Therefore, property rights can be applied to digital things as well. The civil law regulation of social relations concerns contracts regarding digital things, the provisions of which must be included in the Central Committee of Ukraine. This contributes to the proper implementation of civil turnover in relation to the specified objects. Contracts regarding digital things can be conventionally divided into classic for civil law and smart contracts. The Central Committee of Ukraine should be supplemented with regulations on smart contracts. Further legal regulation of contracts contributes to the proper circulation of digital things.

Conclusions. One of the important tasks of civics for the near future is to clarify the legal nature of social relations in the digital environment. The development of social relations through digitalization must be combined with the necessary legal regulation in civil legislation. In civil legislation, it is necessary to continue to establish the ownership of digital things by absolute right. Provisions regarding contracts, smart contracts regarding digital property need to be established. The further development of civil law in the near future will be closely related to the legal regulation of digital technology objects. Regulation of absolute and relative rights to them is necessary.

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Published
2023-12-13
Cited
How to Cite
Michurin, I. (2023). Civil-legal regulation of public relations in the digital environment. The Journal of V. N. Karazin Kharkiv National University. Series Law, (36), 115-121. https://doi.org/10.26565/2075-1834-2023-36-13
Section
Civil law and civil proceedings; family law; international private law