Recognition of Law as a Way of Digital Rights Legal Protection
Автор: Fedorov D.A.
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Право
Статья в выпуске: 11, 2025 года.
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Recognition of the right is the first of the ways provided for by the Civil Code of the Russian Federation to protect civil rights. At the moment, the civil protection of digital rights is carried out in a general manner, that is, through the use of protection methods provided for in art. 12 of the Civil Code of the Russian Federation. Theoretically, the recognition of a right is a measure of protection of civil rights, which is universal and therefore appropriate for the protection of all types of civil rights, including digital ones. The development of the institute of digital rights, first of all, should be based on the formation of a special protection mechanism. To achieve this goal, it is necessary to rethink and update the existing civil law arsenal of rights protection. This implies a study of the potential of any method of protecting civil rights in order to further develop a special model for regulating the protection of digital rights. An assumption was made about the qualification of relations with digital rights as digital property relations. Accordingly, protection through the recognition of digital law is protection through judicial recognition (confirmation) of an objectively existing digital property relationship.
Digital rights, protection of civil rights, ways to protect digital rights, protection measures, recognition of law, utilitarian digital rights, digital financial asset, digital law
Короткий адрес: https://sciup.org/149149975
IDR: 149149975 | УДК: 347 | DOI: 10.24158/tipor.2025.11.36