Journal of Siberian Federal University. Humanities & Social Sciences / Some Problems of Digital Environment Influence on the Content of Civil Law Object and Subject Categories

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Issue
Journal of Siberian Federal University. Humanities & Social Sciences: 2019, Vol. 12, Issue 3
Authors
Kuzmina, Irina D.; Bogdanova, Inna S.
Contact information
Kuzmina, Irina D.: Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia; ; Bogdanova, Inna S.: Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia;
Keywords
digital environment; Internet resources; electronic cash; non-cash funds; digital money; cryptocurrency; virtual personality; subject of law on the Internet; public formations; head of state
Abstract

The article is devoted to the study of problems arising as a result of the impact of modern digital environment on such traditional categories of civil law as object and subject of legal relations. As a result of the ongoing processes of digitization of social relations, a specific means of payment that is electronic money, the nature of which remained unresolved by the legislator, appeared in the current legislation. An analysis of existing approaches has led to the conclusion that the doctrine usually qualifies electronic money as a type of obligation, money law, a requirement expressed in electronic form. They are independent objects of civil rights that do not coincide with non-cash money and with “digital money” (cryptocurrency). Furthermore, the article concluded that, besides the change in the existing approaches to the objects of civil legal relations, the Internet environment has led to the transformation of the existing ideas about their subjects, as a result of which the accepted definition of this civil law category becomes ineffective. It is argued that the Internet space contains subjects with some specific features, such as unlimited composition; a high degree of anonymity; extraterritoriality of action; self-management and self-organization. These features do not allow the effective use of civil law to resolve conflicts. The arising difficulties have been studied using the example of the participation of public legal entities and their officials in the Internet

Pages
393-409
Paper at repository of SibFU
http://elib.sfu-kras.ru/handle/2311/110046

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