Legal mechanisms for identifying and classifying digital assets

Abstract

An important and urgent problem of the exercise of civil rights in Ukraine remains the determination of the legal nature and essence of digital assets as a new object of civil rights, which arose as a result of the rapid development of digital technologies and their integration into economic processes. It necessitates precise legal regulation of the acquisition of ownership of digital assets, their use and alienation, as well as the implementation of a legal mechanism for their identification as digital assets and classification, that is, their assignment to a digital asset of a particular type. The purpose of this scientific research is to reveal the main legal mechanisms for the identification and classification of digital assets. To achieve this goal, the following methods were used: empirical – to collect data on the essence of the concept of digital assets; observation – to process the specified data; special legal – to derive one's own legal position on the content of the legal mechanisms for the identification and classification of digital assets. It was established that the civil legislation of Ukraine does not define the concepts of digital assets and their identification. It is substantiated that in EU law and the legislation of individual EU Member States, digital assets are defined as cryptoassets or as any intangible assets created in digital form. It is indicated that in the legal doctrine, the concept of «digital assets» is considered as virtual assets, which include both digital things and digital tools used to create and use digital things. It is established that for proper identification of the object of civil rights, a clear definition of the criteria for recognizing the object of civil rights as a digital asset in general, as well as a digital asset of a particular type, in the legislation of Ukraine, is necessary. To this end, it is proposed to provide that the legal principles for identifying objects of civil rights as digital assets, the features of the legal regime of digital assets and individual types of digital things are determined by the law on digital assets, as well as special laws, including on virtual assets, digital content, and digital tools.