Modern Trends in Implementation and Protection of Personal Non-Property Rights
https://doi.org/10.17803/1729-5920.2023.205.12.009-020
Abstract
The paper provides for classification of trends of private law according to the reasons of appearance, scope of application, period of implementation. Individual trends in the exercise and protection of personal non property rights are interrelated with general trends in civil law, while other trends are distinctive and have no analogues. The author substantiates the following modern trends in implementation and protection of personal non-property rights: 1) restrictions on the exercise and protection of certain personal non-property rights under sanctions imposed by unfriendly atates, the European Union, international organizations; 2) transformation of the exercise and protection of personal non-property rights in the conditions of digitalization of society and the economy; 3) search for the qualification of personal data as an object of rights, differentiation of personal data and their legal regulation, commercialization of personal data turnover; 4) recognition of differentiation of personal non-property rights, the emergence of regulatory norms applied to personal non-property relations by the law-maker and the judiciary; 5) increasing number of actions undertaken by copyright holders regarding disposal of individual powers of personal non-property rights; 6) increasing proportion of intentional violations of personal non-property rights that have a shocking nature; 7) the development of several (sometimes strictly tied) methods of protection aimed at suppressing the actions of the violator or suppressing the threat of violation, or at the moral satisfaction of the victim, or at informing others about the fact and essence of the violation. The author proposes measures to solve emerging problems, in particular, to develop rules for admission to the virtual world and regulating participation of minors and persons with certain diseases in the metaverse; to consolidate the rules governing placement, storage and security of personal data, depending on their type; to provide justification for introduction of prohibitions of certain behavior of the violator of personal non-property rights as a civil law method of protection under certain conditions.
About the Author
M. N. MaleinaRussian Federation
Marina N. Maleina, Dr. Sci. (Law), Professor, Department of Civil Law, Honored Lawyer of the Russian Federation
9, Sadovaya-Kudrinskaya St., Moscow 125993
References
1. Arkhipov VV. Personal data as non material values (or there is nothing more practical than a good theory). Zakon. 2018;2:52-68. (In Russ.).
2. Bogdanova EE, Vasilevskaya LYu, Grin ES et al. Vasilevskaya LYu (ed.). Contract Law of Russia: Reformation, Problems and Development Trends. Moscow: Norma, Infra-M Publ.; 2016. (In Russ.).
3. Magomedova OS, Koval AA, Levashenko AD. Trade in Data: Different Approaches, One Reality. RUDN Journal of Law. 2020;24(4):1005-1023. (In Russ.).
4. Maleina MN. Personal non-property rights of citizens: Concept, implementation, protection. Moscow: MZ-Press; 2001. (In Russ.).
5. Maleina MN. Prohibition of approaching the offender to the victim as a civil remedy. Rossijskaja justitsija. 2019;6:11-14. (In Russ.).
6. Maleina MN. The right to an individual voice and protection thereof. Jurist. 2015;13:17-22. (In Russ.).
7. Podrabinok EM. Features of the implementation of the right to leave in the epoch of digitalization of the society. Perm Legal Almanac. Annual Periodic Scientific Magazine. 2019;1:290-300. (In Russ.).
8. Ruzanova VD. Problems of correlation of the protection of the right to privacy and the right to protection of personal data. Laws of Russia: Experience, Analysis, Practice. 2019;9:17-22. (In Russ.).
Review
For citations:
Maleina M.N. Modern Trends in Implementation and Protection of Personal Non-Property Rights. Lex Russica. 2023;76(12):9-20. (In Russ.) https://doi.org/10.17803/1729-5920.2023.205.12.009-020