Theoretical and legal characteristics of the concept and specialities of virtual assets by the law of Ukraine

  • L.M. Maksymiv
Keywords: object of civil rights; intangible asset; a digital thing; virtual asset; digital content; electronic money; online account


This article highlights the theoretical and legal analysis of the distinction between the concept of intangible assets and related concepts. The author of the article analyzed the concepts of understanding the essence of the legal regime of intangible assets, and also outlined the provision that an important step in the recognition of intangible assets is the project of the Law of Ukraine «On Amendments to the Civil Code of Ukraine aimed at expanding the range of objects of civil rights», namely, the introduction of the concept of digital things into the Civil Code.
In particular, a digital thing is a subject of the digital environment, which is in circulation only in digital form, and in respect of which civil rights and obligations may arise. Digital things are virtual assets, digital content, online accounts, money and securities that exist exclusively in digital form.
As for the concept of virtual assets, a virtual asset is an intangible good that is the object of civil rights, has a value and is expressed as a set of data in electronic form. The existence and liquidity of a virtual asset is ensured by the system of ensuring the turnover of virtual assets.
The proposition that the division of things into material and digital things is relevant today is argued. A comparative legal characterization of the following concepts was carried out, in particular the place of virtual assets among virtual property. The concepts of virtual assets and digital content, virtual assets and electronic money are compared. As for distinguishing intangible assets from related concepts, this follows from the features inherent in virtual assets, as well as the peculiarities of legal relations with respect to these assets.