VIRTUAL PROPERTY IN COMPUTER GAMES: PROBLEMS OF REGULATION IN RUSSIAN LAW

Abstract

The article analyzes the place of virtual property objects in the legal system of the Russian Federation: the problems of application in respect of them absolutely and relatively legal approaches are given. The current approaches of domestic courts in considering cases involving virtual property are described. The judicial practice of the USA and EU countries, which indicates the criteria according to which the property can be qualified as virtual property, is considered. The discussion of responsibility for cyber theft through the prism of criminal and civil law is given, with particular attention focused on the principle of "Non bis in idem". The problem of distinction between objective and virtual reality in bringing the offender to justice is outlined. The question of the possibility of bringing the user to "other" responsibility through the conclusion of a user agreement is raised. Notes the importance of social sanctions for cyberspace, as well as real cases of their application.

Using the results of foreign law enforcement practice, as well as attempts of domestic courts to qualify virtual property objects from the legal point of view currently have a number of similarities, in this regard, the paper notes that the Russian legislator is likely to use the developments of Asian and Western European countries as a basis for implementation in national substantive law. Nevertheless, current Russian legislation does not find a full-fledged possibility both to regulate legal relations in the field of virtual property and to establish liability for cybercrime offences.