Title:	LEGAL PERSONALITY OF INDIVIDUALS IN THE SYSTEM OF DIGITAL RELATIONS: SCIENTIFIC UNDERSTANDING AND LEGAL REGULATION IN RUSSIA
Author(s):	Evgeny Mamay
ISBN:	978-989-8704-30-6
Editors:	Piet Kommers and Mário Macedo
Year:	2021
Edition:	Single
Keywords:	Natural Person, Individual, Legal Personality, Legal Capacity, Liability, Digital Rights
Type:	Full
First Page:	79
Last Page:	86
Language:	English
Cover:
Full Contents:	click to dowload
Paper Abstract:	The essence of many social relations transferred from the real world to the virtual one is changed radically due to rapid development of ICT. Legislative framework of digital relations cannot get in time with digital innovations and occurs with a significant time lag. In recent years the Russian Parliament enacted dozens of bills targeted to Information Policy, Software and Communications, but the Russian Digital legislation still stays fragmented and unsystematic. It is especially clear in the context of legal personality of Natural Persons and other participants of digital relations. The purpose of the publication is to integrate general legal approach with specific features of digital law and determine the legal personality of individuals as a basic point of legal regulations in the digital sphere. The research methodology is based on doctrinal analysis, comparative legal and legal-technical approaches to research of texts of laws and regulations. The article analyzes the phenomenon of legal personality of participants in digital relations, Russian and foreign legal experience. According to the author, the lack of comprehensive solutions and well-formed approaches to regulations of digital relations has long-term negative consequences. He sees the comprehensive solution to relevant problems in the united legislative act (Digital Code) aimed to common and system regulation of digital relations. Digital rights and obligations of Internet users should be legally linked, first of all, with the age and civil status of a person. At the level of laws, it is necessary to determine the requirements for identification of Internet users, the relevant criteria and procedures, to set up the system for protecting personal information and calculated data that allows identifying the person. The solution of these tasks is impossible without basic legal solutions, including the requirements for legal personality.
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