Yesterday, January 17, the Council on codification once rejected the draft law “On amendments to the Civil code of the Russian Federation”, which introduces the concept of digital rights in the legislation of Russia.
As noted by a member of the Council Andrey Gabov, the bill defines digital rights on the model of the book-entry securities: the “contractual and other rights may be certified solely by the records in the information system meeting the criteria established by law.” The law recognizes the owner of the digital rights of the person having unique access to digital code. However, what identificeret “a unique digital code” — the owner of the right or the right itself is not specified.
“In the first case, it is unclear what this code is different from the EDS
In the second case, it is unclear what is the subject who writes. The situation needs to be clarified”, — said Sergey Gabov.
In turn, Deputy Chairman of the Council Professor Yevgeny Sukhanov pointed out too broad a definition of digital rights.
“The bill says that it is a way of securing the “obligations and rights”, and it can be any law – the right to lease, tort law, moral and so on. Not sure what all right so to certify,” said he.
In addition, according to the Professor, the document necessary to prescribe special protection mechanisms.
“Uncertificated securities it is impossible to demand from another’s illegal possession. The Institute works at all with great difficulty, it is necessary to introduce more ways of protection, for example, a claim for recognition of rights,” said Sukhanov.
Previously, the document was sent for revision in April 2018.
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