Digital Assets Presentation

1. Inheritance of Digital Assets

Presenter: Artem Ermakov
Ph.D. in Law Student

2. Relevance of the Topic

• Digitalization of Society: Rapid growth in the volume and value of digital assets owned by
individuals (cryptocurrencies, domain names, social media and gaming accounts, digital content).
• Doctrinal Gap: Traditional inheritance law institutions (Section V of the Civil Code of the Russian
Federation) are not designed for the specific nature of the digital environment.
• Fundamental Conflict: The contradiction between the principle of universal succession (Art. 1110
CC RF) and the practical/legal impossibility of including digital assets in the hereditary estate.
• Aggravating Factors:
• Lack of a legal definition of "digital asset" for inheritance purposes.
• Unresolved legal nature of digital objects (Art. 128 CC RF).
• Conflicts between national inheritance laws and corporate End-User License Agreements
(EULAs).
• Practical barriers for notaries (identification, valuation, access to crypto-wallets).

3. Previous Studies on the Topic

• Current State of Doctrine: The topic is actively discussed, but research is highly
fragmented.
• Existing Gap: There is a lack of comprehensive, monographic studies in Russian
civil science dedicated to the systemic analysis of digital assets as objects of
succession.
• Key Discussions: Previous works primarily focus on the general civil law nature of
digital rights (Art. 141.1 CC RF), often leaving the specific mechanics of mortis
causa (transfer upon death) unaddressed.
• Prominent Scholars: The theoretical framework is built upon the works of E.A.
Sukhanov, L.V. Sannikova, Y.S. Haritonova, A.I. Goncharov, A.V. Gabov.

4. Object, Subject, and Aim of the Research

• Object of the Research: The system of social relations arising in the
process of the transfer of digital assets through inheritance
succession.
• Subject of the Research: Legal norms of Russian and foreign
legislation regulating the inheritance of digital assets; doctrinal views;
judicial and notarial law enforcement practice.
• Aim of the Research: To develop a holistic scientific and theoretical
concept for the legal regulation of the inheritance of digital assets in
the Russian Federation, and to formulate scientifically grounded
proposals to fill existing legislative gaps.

5. The Tasks of the Research (1/2)

1. Investigate the genesis and legal nature of digital assets as atypical
objects of civil rights, determining their place within Art. 128 of the
CC RF.
2. Analyze existing approaches to the definition and classification of
digital assets in domestic and foreign civil law doctrine.
3. Systematize and critically evaluate relevant foreign experience in
regulating the inheritance of digital assets.
4. Identify fundamental gaps and conflicts in current Russian
legislation that hinder the realization of inheritance rights.

6. The Tasks of the Research (2/2)

1. Develop an author's classification of digital assets
specifically for inheritance purposes, distinguishing their
inheritance regimes.
2. Create a legal mechanism to resolve the conflict between
Russian inheritance law and the restrictive conditions of
EULAs of digital platforms.
3. Formulate scientifically grounded proposals (de lege
ferenda) to improve civil legislation (Section V of the CC RF)
and provide practical recommendations for notaries.

7. The Methodology

• General Scientific Methods: Dialectical method, systemic analysis, deduction,
and induction (used to conceptualize the legal nature of digital assets).
• Specific Legal Methods:
• Comparative Legal Method: Analyzing foreign jurisdictions with advanced
digital economies.
• Formal Legal Method: Interpreting the provisions of the CC RF and EULAs.
• Empirical Method: Analyzing actual judicial and notarial practice regarding
digital inheritance disputes.
• Legal Modeling: Creating a new framework for notarial authentication of
digital rights.

8. Theoretical and Normative Bases

• Normative Base:
• The Constitution of the Russian Federation.
• The Civil Code of the Russian Federation (specifically Section V
"Inheritance Law" and Art. 128, 141.1).
• Fundamentals of the Legislation of the RF on Notaries.
• Foreign legislation on digital assets.
• Corporate regulations (EULAs of transnational IT corporations).
• Theoretical Base: Fundamental works in civil law, inheritance law, and the
emerging branch of digital/information law (IT Law).

9. Preliminary Results

1. Holistic Scientific Concept: Adaptation of classical inheritance
institutions (hereditary estate, acceptance of inheritance,
protection of estate) to the digital economy.
2. Scientific Classification: Categorization of digital assets based on
their legal nature, negotiability, and economic value to ensure their
proper inclusion in the estate.
3. Deepened Legal Understanding: Clarification of the legal nature of
atypical objects (social media accounts, gaming profiles,
cryptocurrencies) in the context of their transfer mortis causa.

10. The Novelty of the Research

• First Comprehensive Study: It represents the first complex monographic research
in Russian civil law dedicated to the systemic analysis of digital inheritance.
• Key Elements of Novelty:
• An author's definition of "digital assets" in the inheritance context,
overcoming the narrowness of the legal definition of "digital rights" (Art.
141.1 CC RF).
• Substantiation of the inheritability of atypical objects (e.g., accounts) as
"other property" or complex objects.
• A novel mechanism to overcome EULA conflicts based on the concept of
public policy and the protection of heirs' rights.
• A conceptually new framework for notarial procedures (identification,
valuation, and protection of digital estates).

11. Theoretical and Practical Significance

• Theoretical Significance: Increment of scientific knowledge in civil law; filling the
doctrinal gap regarding the conceptual understanding of digital assets as objects
of succession.
• Practical Significance:
• Lawmaking: Proposals for targeted amendments to Section V of the CC RF
and Notary Legislation.
• Law Enforcement: Providing a methodological basis for the Federal Notary
Chamber and practitioners; contributing to uniform judicial practice in digital
inheritance disputes.
• Educational Process: Implementation of findings into university courses such
as "Civil Law," "Information Law," and specialized master's programs ("Digital
Law").