Prospects for introducing the concept of “digital things” and “digital content”: expanding the scope of regulation of virtual assets

Abstract

The lack of a legal framework did not prevent Ukraine from ranking third among the world leaders in the use of cryptocurrencies in 2022. In terms of the sum of indicators, Ukraine is ahead of such tech giants as the United States (5th place), China (10th place), and the United Kingdom (17th place). The purpose of the study is to identify the underlying principles for the introduction of a new legal definition of “digital things” and “digital content” and their prospects for use, which are laid down in draft laws No. 6447 and No. 6576, as initiatives that are satellites to the relevant law on virtual assets. As a reminder, the Parliament of Ukraine adopted the Law of Ukraine “On Virtual Assets” No. 2074-IX on February 17, 2022. Since the adoption of Law 2074 by the Parliament of Ukraine on February 17, 2022 and until the period of 2023, significant events have taken place. They have significantly affected the plans of the Parliament of Ukraine to launch mandatory amendments to the Tax Code of Ukraine provided for in the Draft Law 7150 and simultaneously enact Law 2074 from October 1, 2022. The study was based on the analysis of the legislative framework of Ukraine, the European Union and other international acts, including those ratified by the Parliament of Ukraine. The study has led to a number of conclusions. Draft Law No. 6447 introduces the definition of a “digital thing” that is in circulation only in digital form; these include virtual assets, digital content, online accounts, money and securities that exist exclusively in digital form. Its adoption will help potential consumers to protect their rights to digital content, online accounts, virtual assets, even money and securities that exist exclusively in digital form. Comparing the concepts of “digital thing” and “digital content” proposed by draft laws No. 6447 and No. 6576, we found signs of legal tautology in determining what is primary and what is secondary. The addition of the words “digital content” to Article 177 of the Civil Code and the expansion of the concept of a thing to “material and digital things” is at least more declarative.