Legal Nature of "Virtual Gaming Property" and User Rights to It

Annotation for the master's thesis Bradescu V. on the topic «The legal nature of «virtual game property» and user rights to it» The relevance of the research topic is due to the increasing role of computer games, which have changed from the status of simple entertainment to the status of a qualitatively new communicative space, in which users (players) interact with each other on the subject of virtual game property, which may entail certain legal consequences already in real life. reality. Of particular interest is the legal nature of the legal relationship between the developer of the game resource and the user to whom the virtual game property is transferred free of charge or for a certain fee. Today, we can state the complete absence of legal regulation of virtual gaming property in Russia, which entails the uncertainty of the legal nature of this phenomenon, the pluralism of scientists 'opinions on this issue and, as a consequence, the absence of an effective mechanism for protecting users' rights to virtual gaming property. The purpose of the study is to determine the legal nature of virtual game property and the user's rights to it, as well as an effective mechanism for their protection. This goal predetermined the need to solve the following tasks: • consideration of the history of the development of virtual gaming property as an object of legal relations; • analysis of the concept of virtual gaming property; • identification of essential features of virtual gaming property; • qualification of virtual gaming property from the standpoint of absolute legal relations; • qualification of virtual gaming property from the point of view of obligations legal relations; • identification of problems of protection of rights to virtual gaming property; • determination of the mechanism for the protection of rights to virtual gaming property. The research methodology is based on the use of current general scientific methods of cognition and methods of special cognition. The empirical basis of the study was formed by the decisions of the Constitutional Court of the Russian Federation, arbitrazh courts and courts of general jurisdiction. In the process of solving the set tasks, the following research results were achieved: 1. Virtual game property can be defined as intangible in-game objects with signs of virtuality, economic value, alienation and limited use for a certain period of service. 2. Consideration of virtual game property from the perspective of three levels will most accurately reflect the legal nature of this legal phenomenon. 3. Legal relations arising on the subject of virtual game property are complex and include property relations, relations related to intellectual property, as well as in terms of such in-game items as loot boxes - relations governed by the provisions of art. 1062 of the Civil Code of the Russian Federation. 4. Currently in Russia there is no proper mechanism for protecting the rights of users (players) to virtual gaming property.