The COVID-19 pandemic has had a significant impact on human rights. Many rights have been restricted to prevent the spread of infection. The restrictions on private property rights during the pandemic were not so obvious, but no less significant. The massive closure of restaurants, cafes, cinemas and other crowded places has resulted in significant losses for business owners. The question arose about the admissibility of such restrictions on the rights of owners, as well as the need to compensate for the losses caused. The purpose of this article is to study the criteria developed by international practice under which the restriction of property rights is allowed, and approaches to resolving issues of compensation for losses caused to owners when it is necessary to ensure a balance of private and public interests in Ukraine. The article also analyzes approaches to resolving issues of compensation for losses caused to owners as a result of restrictions on their rights, developed in the case law of the United States and Great Britain.
This article analyzes the concept of virtual property as well as the legal nature of social media accounts to explore whether these can be considered objects of property, in particular, of virtual property rights. It examines the essence of virtual property and reveals the specifics of owner’s powers regarding to digital assets. It also specifies what kind of objects should be treated as digital assets. The technical and legal nature of a social media account are analyzed to reveal whether the latter can be considered as “possession” in terms of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms. Some legal issues regarding to the use of a social media account including the division of rights to business accounts and inheritance of social media accounts are investigated. The approaches in various countries to the problem of determination of the post-mortem fate of digital assets are analyzed, and a unified tendency to consider social media accounts as part of the estate transferred to the heir is revealed. The conclusion is drawn that the extension of the property regime to social media accounts could ensure an appropriate legal protection of users’ rights.
This article analyzes the concept and legal nature of social media accounts to explore whether these can become the object of fiduciary management. It examines the essence of a social media account and reveals the possibility of equating it to a kind of property. The article focuses on the possibility of inheriting a social media account. This takes into account approaches in various countries to the problem of determination of the post-mortem fate of digital assets, which shows a unified tendency to consider social media accounts as part of the estate transferred to the heir. The legal requirements on fiduciary management of a social media account considering its specifications are revealed.
The article analyzes the possibility to provide legal capacity to artificial intelligence, which would lead to the emergence of a new subject in legal relations. The aim of the article is to reveal whether it is possible to recognize, that artificial intelligence is able to have property and intellectual property rights. To achieve this aim, dialectical, comparative, dogmatic and legal methods are used. It is noted that according to recent studies, there are more and more grounds for recognizing artificial intelligence as subjects of legal relations. Particular attention in the article is paid to the specifics of the status of artificial intelligence in property relations. The consequences of empowering artificial intelligence with the right to property are analyzed. The conclusion is drawn on the appropriateness of such an approach, since this will solve the problem of liability for damage caused by artificial intelligence. The possibility of endowing artificial intelligence with property on the basis of trust before resolving the issue of its legal personality is proposed. Modern approaches to the problem of rights to objects of creativity created by artificial intelligence are considered in the article. The options for the distribution of rights to such objects are analyzed depending on the degree of human participation in their creation and on the level of complexity of the artificial intelligence that creates these objects. The general conclusion is made about the possibility to qualify artificial intelligence as a subject of legal relations, in particular, of property and intellectual property relations.
The proliferation of cryptocurrency transactions and the increase in their value raises the question of the need for a final solution to the problem of legal regulation of their circulation. The urgency of this task is exacerbated by the fact that leaving cryptoassets out of the legal field promotes their use in illegal activities and deprives the state of significant revenues from their proper taxation. The purpose of this article is to study the approaches to the legal regulation of the circulation of cryptoassets, which are recently formed in the world, to determine the positive experience and opportunities to borrow successful legislative decisions. The article analyzes approaches to the regulation of relations arising from cryptocurrencies in the United States, Canada, Great Britain, Germany, Austria, Estonia, China, Singapore and Australia. Particular attention is paid to the analysis of the European unified approach to the regulation of cryptocurrencies for all European countries, as well as cryptocurrency services. According to the results of the study, it is concluded that today the attitude to cryptocurrencies differs depending on the level of development of the country. However, recently there has been a tendency to focus efforts on the implementation of cryptoassets in the legal field and ensure legal regulation of their circulation. In general, 2020, the year of the pandemic and the transfer of life to the online format, was marked by special attention to the development of legal regulation of cryptocurrency circulation. Of particular concern to the authorities are features of cryptocurrencies such as decentralization and anonymity, which allow these assets to be used to launder criminal proceeds and finance terrorism. It is in this direction that government regulation of cryptocurrency circulation has been moving recently. Most countries in the world of cryptocurrency regulation focus on licensing cryptocurrency exchanges, identifying their users, taxing, and countering money laundering and terrorist financing. These principles are the basis of the unified approach to the regulation of cryptocurrency activities for all European countries proposed by the European Commission. It is noteworthy that both in the European unified approach to the regulation of cryptoassets and in their legal regulation in some European countries and the United States, it is proposed to classify cryptocurrencies and divide them into several categories depending on the functions they perform. These approaches to the classification of cryptoassets should be considered when determining the legal framework for regulating the circulation of cryptoassets (virtual assets) in Ukraine.
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