Annotation

The article is devoted to the analysis of the fundamental problem of the legal qualification of digital financial assets (CFAs) in the Russian system of objects of civil rights. The paper examines the doctrinal and legislative contradictions that have arisen as a result of the introduction of the category of "digital rights" into the Civil Code of the Russian Federation and the subsequent adoption of special legislation on CFA. The author questions the validity of the approach in which a new technological phenomenon is incorporated into the classical system of objects of civil rights without proper doctrinal elaboration, which creates uncertainty in the legal regime of their turnover. The dilemma of CFA qualification is analyzed: are they a new, independent object of law (sui generis), a special form of fixation of existing property rights, or should they be considered within the category of "other property". The article proves that the choice of adequate legal mechanisms for regulating transactions with CFAs, including their alienation, pledge and other disposal methods, as well as determining the limits of protection of the rights of their holders, directly depends on solving this problem.