The Right to Access as a Form of Implementation of the Control Right in the System of Digital Property Protection

Abstract

The digitalization of the economy has led to the emergence of new objects of property relations digital assets, the legal regulation of which presents significant difficulties for traditional civil law constructions. The present study is devoted to the analysis of the legal nature of the control right and the right to access as the basis of the legal regime of digital property in the context of the legislation of the Republic of Uzbekistan. The aim of the study is to substantiate the right to access as the primary form of implementation of the control right and to develop mechanisms for civil law protection of digital assets. The research methodology includes formal-legal, comparative-legal, systemic-structural methods and doctrinal interpretation. The research findings indicate that the control right represents a system-forming element of the legal regime of digital property, possessing a property law nature with elements of obligatory relations. The right to access functions as a derivative power from the control right, the content of which comprises identification, authentication, and authorization. Traditional methods of protecting property rights require adaptation to the specificity of digital assets, while the creation of special methods of protection, particularly the restoration of access, is necessary. Significant gaps have been identified in the legislation of the Republic of Uzbekistan concerning the definition of the legal status of digital assets, the control right, and methods of their protection. The practical significance of the study consists in the development of recommendations for the improvement of civil legislation, including the introduction of amendments to the Civil Code and the adoption of a special law on digital assets.