DIGITAL LEGACY: PROBLEMS OF FORMATION AND PERSPECTIVES

Abstract

This article investigates the issues of digital
legacy. The authors note that as a result of the
intensive use of digital platforms, social networks, and
other online services, there is a growing number of
digital objects that may have material and spiritual
value to heirs. Accordingly, the issues of inheriting
digital legacy are becoming more acute. This
represents discussions and changes in perspective
regarding objects of inheritance compared to
established, traditional approaches. To resolve legal
issues regarding digital legacy in civil law,
appropriate changes in the Civil Code of Ukraine and
in the regulatory mechanism that defines the rights
and duties of heirs, taking into account the
peculiarities of inheriting certain objects, including
digital ones, are required. Thus, it is about correcting
the traditional visions and improving the methods of
legal regulation of inheritance legal relations,
expanding the scope of application of the concept of
inheritance and objects of inheritance.
It is concluded that in the matter of digital
legacy, several aspects intersect: theoretical,
normative, and practical. The theoretical aspect is
characterized by the absence of uniform approaches
to solving this issue, unstable and varied terminology,
and in some cases even the substitution of concepts.
The normative aspect of national legislation, although represented by separate concepts of digital things, still does not contain official sanctioning of terminologies related to digital legacy, digital inheritance, and legal regulation in this area of social relations. The practical aspect of this problem is at the stage of forming a model of digital legacy; however, these models are still diverse and not always based on the legislative base regarding inheritance.

Keywords: inheritance, digital legacy, digital inheritance, digital technologies, heirs' rights, virtual assets, digital objects.