Some approaches to the legal regulation of digital rights

Authors

  • Kaishataeva A.K., Ibragimova F.G.

Keywords:

digital rights, legalization, regulatory concepts, constitutional legal personality, generation of rights, declaration of digital rights.

Abstract

The article was written within the framework of the scientific project of the Ministry of Foreign Affairs of the Republic of Kazakhstan for 2023-2025 (IRN AP19676064). The aim of the article is to consider the approaches to the legal regulation of the category of "digital rights" by studying the legislative experience of some foreign jurisdictions. The article focuses on two main approaches to understanding digital rights in modern legal doctrine: digital rights as a form of existing rights and digital rights as new rights requiring separate regulation. Based on the results obtained, the main concepts of legalization of digital rights in the modern legal space are derived and legal guidelines for the legal regulation of digital rights are proposed. The research proposed in the article can be used as a basis for further discussion in the field of the impact of modern digital rights on the extension of the legal personality of individuals.

Published

2024-03-20