UDC: 343.7
BBC: 67.408.1
Yakhatin S.A.
A digital object in criminal law: conceptual foundations and prospects of legal regulation
Keywords: digital object, criminal law, object of crime, digital assets, legal regulation, cybercrime
The digital transformation of society has given rise to new forms of objects of social relations – digital rights, digital financial assets (cryptocurrencies, tokens), virtual objects, and data arrays. These entities, possessing economic value, require adequate legal protection. However, traditional criminal law, focused on material objects, faces serious challenges in classifying attacks against them. The lack of clear definitions and gaps in regulation lead to conflicts in law enforcement practice and reduce the effectiveness of the fight against cybercrime. The purpose of this study is to comprehensively analyze existing problems related to determining the legal status and criminal protection of digital objects in Russian criminal law, as well as to develop scientifically based conceptual approaches and specific proposals for improving legislation and law enforcement practices to ensure adequate protection of digital objects. Materials and methods. The study utilized regulatory legal acts of the Russian Federation, including the Criminal Code and the Civil Code, federal laws (e.g., on digital financial assets), academic publications, and case law. The research methodology includes dialectical, formal legal, and comparative legal methods. Results. The article identifies terminological ambiguities and substantiates gaps in current criminal law regulation for the protection of digital objects. A concept for recognizing a digital object as an independent object of criminal law protection has been developed, serving as the basis for the development of specialized norms. Specific proposals for improving the Criminal Code of the Russian Federation are formulated, including expanding the definition of "property" and introducing new offenses. The concept of a "digital object" is proposed as an independent category in criminal law, distinct from the traditional concepts of "property" and "information," requiring specific legal regulation. The need to include new offenses in criminal law, such as "Illegal Appropriation of a Digital Asset," is substantiated to directly regulate attacks on digital assets and avoid strained classifications. Conclusions. Current criminal legislation in the Russian Federation does not fully meet the challenges of the digital age, and a comprehensive approach is needed, including both legislative amendments and the adaptation of law enforcement practices, to create an effective system of criminal protection for digital assets and ensure the security of the digital society.
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About authors
- Yakhatin Sergey A.
- Post-Graduate Student, Department of Civil and Legal Disciplines, Chuvash State University, Russia, Cheboksary (yahatin@rambler.ru; )
Article link
Yakhatin S.A. A digital object in criminal law: conceptual foundations and prospects of legal regulation [Electronic resource] // Oeconomia et Jus. – 2025. – №4. P. 112-119. – URL: https://oecomia-et-jus.ru/en/single/2025/4/10/. DOI: 10.47026/2499-9636-2025-4-112-119.
