On 17 January, the Council on codification for the second time rejected a draft law “On amendments to the Civil code of the Russian Federation”, which introduces the concept of digital rights. Previously, the document was sent for revision in April 2018, according to Pravoy.
As noted by a member of the Council Andrey Gabov, the bill defines digital rights on the model of the book-entry securities: the “contractual and other rights may be certified solely by the records in the information system meeting the criteria established by law.”
“The bill recognizes the owner of the digital rights of the person having unique access to digital code. However, what identificeret “a unique digital code” — the owner of the right or the right itself is not specified. In the first case, it is unclear what this code is different from the EDS”, — said Sergey Gabov.
Confused by the expert and the regulation on the transfer of digital rights, which establishes the records in the information system or in the account of the person specified as the owner of the rights.
“In the second case, it is unclear what is the subject who writes. The situation needs to be clarified”, — said the expert.
In turn, Deputy Chairman of the Council Professor Yevgeny Sukhanov pointed out too broad a definition of digital rights.
“The bill says that it is a way of securing the “obligations and rights”, and it can be any law – the right to lease, tort law, moral and so on. Not sure what all rights you can prove”, he said.
In addition, according to the Professor, the document necessary to prescribe special protection mechanisms.
“Uncertificated securities it is impossible to demand from another’s illegal possession. The Institute works at all with great difficulty, it is necessary to introduce more ways of protection, for example, a claim for recognition”, — said Sukhanov.
However, there was criticism of the draft law “On crowdfunding”, which does not specify whether it will extend to non-commercial projects, e.g. charity fundraising.
The Board also proposed to change the wording about what crowdfunding “does not require registration FE” more correct “is not an entrepreneurial activity”.
“The bill does not protect the interests of investors, which convey the operator to their money. The responsibilities of the latter disclosed bad. It is not enough just to write that he “shall compensate damages for violation of the rules of the investing platform””, — said in the conclusion of the Council.
In addition, Andrey Gabov pointed to the fact that the project On “crowdfunding” are digital rights, although the bill not yet passed.
Due to frequent changes in definitions and taking into account the comments the Council decided to finalize the bill, after rejecting its current revision.
We will remind, in November of 2018, the Council on codification offered to return to the stage of first reading the draft law “On digital of financial assets”.
It is expected that consideration of package of bills regulating the cryptocurrency industry, moved to spring 2019.
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