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Digital Rights: the Concept and Problems of Use



V.B. Goltsov
N.M. Golovanov
golz2005@yandex.ru
golovanovnikolai@yandex.ru
Full Professor, the Department of Legal Regulation of Urban Planning Activities and Transport, Saint-Petersburg State University of Architecture and Civil Engineering, Doctor of Law
Full Professor, the Department of Legal Regulation of Urban Planning Activities and Transport, PhD in Law
St. Petersburg
St. Petersburg

Keywords:

  • digital rights
  • electronic means
  • information system
  • information
  • contract
  • transaction
  • Civil Code of the Russian Federation
  • The article addresses innovations within the Civil Code of the Russian federation dealing with clarification of Art.128 which regulates objects of civil right to include digital rights and with introduction of Art.141.1 which gives description of digital rights as the rights of obligation. The study also focuses on making amendments to other articles of the Civil Code given the introduction of digital rights into economic activities. The authors present definition of digital rights and provide analysis of their circulation capacity. Particular attention is drawn to the direct dependency of successful implementation of digital rights on secure users identification within the wide range of information systems and on the development with this regard of a bio-metric system of remote face and voice identification of a person along with the Unified state system for identification and authentication of persons. The article identifies strong and weak points of digital rights, highlights gaps of their legal regulation and presents possible ways of addressing the current challenges.

    188300 Russia, Leningrad region, Gatchina, st. Roshchinskaya, 5