Features of updating the civil legislation of ukraine in the field of the right to information in the conditions of development of the global virtual environment

The provisions of the CC of Ukraine on objects of civil rights should also be expanded with regard to the emergence of objects unknown at the time of adoption of the current CC of Ukraine. These are different types of information, information products, resources, systems, etc. and objects of rights created and located in the Internet, cryptocurrency, personal data (personal information), autonomous works, artificial intelligence, content (digital content), etc. These objects should be clearly listed among the intangible assets of Chapter 15 of the Book One of the CC of Ukraine, clarified in Articles 199-201 of the CC of Ukraine and additional articles to avoid errors in their misinterpretation, errors in determining their legal nature and regulatory mechanisms, methods of protection. It is necessary to expand Chapter 15 of the CC of Ukraine with additional articles that would amend the general provisions on such objects and emphasise the general significance for all other books of the Code. First of all, this applies to information as an intangible asset - an object of civil rights, which would allow to introduce important and timely additions to many articles of all the books of the CC of Ukraine.

The provisions of the updated CC of Ukraine on transactions should ensure the full functioning of relations in the field of e-commerce, smart contracts, web banking, and other attributes of the digital economy in a virtual environment, which will not only preserve all assets and achievements of the current CC of Ukraine of Ukraine but will also allow to adapt it to modern realities.

Conclusions

Summing up, it should also be noted that the right to information and other intangible information rights of individuals are not only developing at a significant pace, but in the last few years are very closely confronted with the problems posed by information technology, robots, and artificial intelligence. Virtuality has never been so similar to reality, and post-humanity has never seemed so close. These processes must be taken into account in the current development of civil legislation at the level of principles and individual articles, but it is necessary to «make haste slowly», bearing in mind that the legal consolidation of processes occurring in society in the development of information society should be based on well-being of people as the highest virtue», which Aristotle advocated for, and the «morality in law», on the need to comply with which insisted I.O. Pokrovsky. This study is of interest to scholars, in particular, representatives of the civilistic school of law, teachers and students of higher educational institutions of law, lawmakers, representatives of the working group on recoding (updating) civil legislation and all those interested in civil law, information relations, personal non-property rights of individuals in general and in a virtual environment in particular.

References

[1] Dovhert, A.S. (2019). Recodification of the Civil Code of Ukraine: main factors and prerequisites for the start. Law of Ukraine, 1, 27-41.

[2] Yaroslav Mudryi National Law University. (2019). Is it time to recode the Civil Code of Ukraine? In Current Issues of Private Law: Materials of the XVII Scientific-Practical Conference Dedicated to the 97th Anniversary of the Birth of Professor V.P. Maslov (pp. 28-32). Kharkiv: Pravo. Retrieved from https://www.google.com/search? rlz=1C1SQJL_ruUA790UA790&sxsrf=ALeKk01 8SR1lDy-wyEnv5DhoXNfmdjJ_2g % 3A1609758703800&ei=7

[3] Kokhanovska, O.V. (2006). Theoretical problems of information relations in civil law. Kyiv: Kyiv University Publishing and Printing Centre.

[4] Kokhanovska, O.V. (2006). Civil law problems of information relations in Ukraine (Doctoral thesis, Taras Shevchenko Kyiv National University, Kyiv, Ukraine).

[5] Stefanchuk, R.O. (2007). Personal intangible rights of individuals in civil law (Doctoral thesis, National Academy of Sciences of Ukraine, Institute of State and Law named after V.M. Koretsky, Kyiv, Ukraine).

[6] Slipchenko, S.O. (2013). The mechanism of legal regulation of personal nonproperty relations with negotiable objects. (Doctoral thesis, Kharkiv National University of Internal Affairs, Kharkiv, Ukraine).

[7] Fedyuk, L.V. (2015). Personal intangible rights of legal entities. (Doctoral thesis, Taras Shevchenko Kyiv National University, Kyiv, Ukraine).

[8] Kulinich, O.O. (2017). Theoretical problems of realization and protection of the right of the physical person to own image. (Doctoral thesis, National University «Odessa Law Academy», Odessa, Ukraine).

[9] Katkova, T.G., Stiebieliev, A.M., Chmykhun, S.E., & Mkrtchan, M.Z. (2020). Provision of cybersecurity in Ukraine: Issues of legal responsibility. Advances in Intelligent Systems and Computing, 113, 243-254.

[10] Reshota, V., Dzhok, R., Reshota, O., & Kryvenchu, Y. (2020). Problems of legal regulation of support in the implementation of control operations in Ukraine and information technology to solve this problem. CEUR Workshop Proceedings, 2654, 492-503.

[11] Hovorushchenko T., Herts A., & Pavlova O. (2020). Method of forming a logical conclusion about legal responsibility in the cybersecurity domain. CEUR Workshop Proceedings, 2732, 128-135.

[12] Prorokov, G., & Smirnov, A. 14 words that produced science fiction. Retrieved from http://www.lookatme.ru/mag/live/things/213903-sci-fi-words

[13] Gritsanov, A.A., Galkin, D.V., & Karpenko, I.D. (2003). Virtual reality. In The latest philosophical dictionary (pp. 171-173). Minsk: Book House.

[14] Hales, K. (2013). How we became posthuman. In Virtual bodies in cybernetics, literature, and computer science. Second edition, corrected (pp. 9-19). Kyiv: Nika - Tsentr.

[15] Sterling, B. (2007). Schismatrix. Moscow: Eksmo.

[16] Posthumanism. Retrieved from http://www.posthumanism.com

[17] Kodynets, A.O. (2016). Civil law regulation of obligatory information relations. Kyiv: Alert.

[18] Albert the Great: A Holy Alchemist from Cologne. Retrieved from https://nasledie.pravda.ru/1134065-albert

[19] Peng-JuSu, A. (2017). Information revelation in the Property Right Theory of the firms. International Journal of Industrial Organization, 52, 133-164.

https://doi.org/10.1016/_j.ijindorg.2017.02.004

[20] Barker, M., Olabarriaga, S.D., Wilkins-Diehr, N., Gesing, S., Katz, S.D., Shahand, Sh., Henwood, S., Glatard, T., Jeffery, K., Corrie, B., Treloar, A., Glaves, H., Wyborn, L., Chue Hong, N.P., & Costa, A. (2019). The global impact of science gateways, virtual research environments and virtual laboratories. Future Generation Computer Systems, 95, 240-248. https://doi.org/10.1016/j.future.2018.12.026

[21] Custers, B., Dechesne, F., Sears, A.M., Tani, T., & van der Hof, S. (2018). A comparison of data protection legislation and policies across the EU. Computer Law & Security Review, 34 (2), 234-24. https://doi.org/10.1016/j.clsr.2017.09.001

[22] Cardoso, S.D., Faraco, C.B., de Sousa, L., & Da Graga Pereira, G. (2017). History and evolution of the European legislation on welfare and protection of companion animals. Journal of Veterinary Behaviour, 19, 64-68.

https://doi.org/10.1016/jjveb.2017.01.006

Размещено на Allbest.ru