О современных тенденциях в сфере охраны личных неимущественных прав: частно-правовые и публично-правовые аспекты. Часть первая

Abstract

The object of the study is personal non-property relations, as well as relations for the protection of intangible assets. The purpose of the work is to substantiate the need for a systematic and integrated approach in updating Russian legislation in the field of regulation and protection of personal non-property rights of participants in civil turnover, primarily individuals, based on constitutional criteria for evaluating legislative regulation. The following tasks are set: to characterize the current state of the norms in the Civil Code of the Russian Federation, which are basic in the mechanism of legal regulation of personal non-property relations; to identify some of the most important "pain points" in the state of legislation of the Russian Federation in those segments that are closest to the protection of intangible assets and may be the causes of violations of such rights; to substantiate the formation of a conceptual and a systematic approach to improving institutions for regulating and protecting personal non-property rights (intangible assets), taking into account the balance of constitutionally protected values, public and private interests, and respect for the principles of justice, equality and proportionality. The absence of a single holistic concept in modern civil science for updating and systematizing norms on personal non-property rights (intangible assets) is noted; some inconsistencies in the norms of public and private law related to the use of the terms "digitalization" and "digital" law, a variety of related terms that create conditions for possible violations of personal non-property rights are identified. citizens' rights. The practical significance of the research lies in the possibility of using the author's findings in the process of further research to identify gaps in the field of relations under consideration and formulate specific proposals for improving the legislation of the Russian Federation, as well as in the teaching of academic disciplines related to the study of Russian civil law.