Abstract
This article is devoted to a doctrinal analysis of the legislative provisions on the digital thing and scientific trends regarding the development of the doctrine about this new object of civil rights, which is created and exists exclusively in the digital environment and has property value. The objective prerequisites for amending the Civil Code of Ukraine, which reveal the concept of a digital thing, outline the provisional list of benefits that constitute its types, and stipulate the possibility of applying the provisions of this code on things to digital things, are defined. Non-documentary securities, electronic money, and online accounts are not included in the provisional list of types of digital things, which has been the subject of discussion in legal literature. The author’s support for the legislator is based on a scientific analysis of the content of both parts of Article 177 of the Civil Code of Ukraine, which legislatively enshrine the possibility of the existence of objects of civil rights in the material world and/or digital environment, and their essence, legal regime, and the functional load inherent to them in satisfying the interests of participants in civil legal relations.
The feasibility of developing a scientific approach to defining the “digital thing” as a separate type of thing, which develops the concept of a broad understanding of a thing not inherent in the national legal system, has been protested. A reservation has been made that the use of the category “digital thing” by the legislator is conditional; it does not require the search for new criteria for classifying things and is made for the legislative possibility of extending the regime of a thing to a digital thing. This approach aligns with trends in common law systems to extend general provisions on titles to property regarding the relations of appropriation and transfer of virtual assets.
An emphasis is made on arguments that distinguish a literary work as an object of copyright from material and digital objects in which the content of the work is fixed as separate objects of civil rights, the legal regime of which is established by law. In the digital environment, such a digital object is digital content, the specifics of the supply of which are defined by a separate legislative act. However, if digital content is placed on a physical medium, the provisions on things apply to its turnover.
How to Cite
In accordance with DSTU 8302:2015:
Калаур І. Зайцева-Калаур І. Цифрова річ як обʼєкт цивільних прав: законодавча модель правового режиму та доктринальні. Цивілістична платформа. 2025. № 1 (4). С. 6-18. https://doi.org/10.69724/2786-8834-2025-4-1-6-18
According to the international style of APA:
Kalaur, I. Zaitseva-Kalaur, I. (2025) Digital Thing as an object of Civil rights: legislative Model of legal regime and Doctrinal Trends. С. P. Journal, 1 (4). https://doi.org/10.69724/2786-8834-2025-4-1-6-18 [in Ukrainian].
References
- Danilenko, O. V. (2025). On digital things as new objects of civil law. https:// dspace.nlu.edu.ua/bitstream/123456789/19642/1/Danilenko_148–154.pdf (accessed January 28, 2025) [in Ukrainian]
- Development of the digital economy: Bills on digital things and digital services approved. (2023 November, 8), Іvankivska-gromada wibe-site https:// ivankivska-gromada.gov.ua/news/1691746472/ (accessed January 22, 2025) [in Ukrainian]
- How the regulation of digital services and digital content will change. (2023, March 25) PwC wibe-site https://www.pwc.com/ua/uk/publications/tax-and-legal- alert/2023/digital-services-content-regulation.html (accessed January 19, 2025) [in Ukrainian]
- Kalinichenko, L. L. (2024). Digital era: Transformation and challenges of the transition period from «Industry 4.0» to «Industry 5.0». Economy and Society, 61. https:// doi.org/10.32782/2524–0072/2024-61-5 [in Ukrainian]
- Laduba, М. (ed.) (2023, Februarу 9) What are tokens, what types exist, and how to earn on them. mc.today URL: https://mc.today/uk/shho-take-tokeni-yaki-voni-buvayut- ta-yak-na-nih-zarobiti/ (accessed January 25, 2025) [in Ukrainian]
- Maidanyk, R. A. (2023). Legal titles and transfer of crypto-assets: European experience and prospects. Current issues of modernization of private legal relations: European experience and prospects. Matviyiv’s Civilist Readings: materials of the international scientific and practical conference, Kyiv, (2023, October 20). pp. 79–84 [in Ukrainian]
- Michurin, Y. O. (2023). Digital thing: On further improvement of legal regulation.
- Current issues of modernization of private legal relations: European experience and prospects. Matviyiv’s Civilist Readings: materials of the international scientific and practical conference, Kyiv, (2023, October 20). pp. 100–103 [in Ukrainian]
- On accounting and financial reporting in Ukraine: Law of Ukraine (1999, July 16). No. 996-XIV. URL: https://zakon.rada.gov.ua/laws/show/996–14#Text (accessed January 28, 2025) [in Ukrainian]
- On amendments and additions to the Civil Code of Ukraine aimed at expanding the list of civil law objects: Bill (2021, December 15), No. 6447. https://ips.ligazakon.net/ document/JI06676A (accessed January 24, 2025) [in Ukrainian]
- On amendments to the Civil Code of Ukraine regarding the expansion of the list of civil law objects: Law of Ukraine (2023, August 10), No. 3320-IX. https:// zakon.rada.gov.ua/laws/show/3320–20#Text (accessed January 23, 2025) [in Ukrainian]
- On capital markets and organized commodity markets: Law of Ukraine (2006, February 23), No. 3480-IV as amended by the Law (2020, June 19), No. 738-IX. https://zakon.rada.gov.ua/laws/show/3480–15/print1491296480899025#Text (accessed January 25, 2025) [in Ukrainian]
- On Copyright and Related Rights: Law of Ukraine (2022, December 1), No. 2811-IX. https://zakon.rada.gov.ua/laws/show/2811–20#n855 (accessed January 22, 2025). [in Ukrainian]
