IMPLEMENTATION ISSUES OF THE UNIDROIT PRINCIPLES OF “DIGITAL ASSETS AND PRIVATE LAW” INTO NATIONAL LEGISLATION

Abstract

This article analyzes the issues of implementing the principles of “Digital Assets and Private Law” developed by UNIDROIT into national legislation from a scientific and legal perspective. The purpose of this article is to analyze the principles of “Digital Assets and Private Law” of UNIDROIT and identify the prospects and problems of their implementation into national legislation. The study pays special attention to the transformation of private law institutions, the role of conflict of laws norms, and compatibility with international legal obligations. The article also considers ways to improve national legislation based on the experience of different countries, and justifies the need to include digital assets in the system of objects of civil law, establish their legal definition, and adopt a separate regulatory legal act. As a result of the study, the need to recognize digital assets as a separate object of civil law, include their legal definition in national legislation, and adopt a separate law “On Digital Assets” is substantiated. It is also proposed to introduce an additional norm on the inclusion of digital assets as objects of civil law in Article 81 of the Civil Code. The scientific novelty of the article is manifested in the fact that a comprehensive approach to the implementation of UNIDROIT principles into the national legal system is developed, the specific aspects of the application of the lex rei sitae principle to digital assets are revealed, and the author's scientific position on the need to recognize digital assets as a separate civil law object is based on it.