PROSPECTS FOR THE DEVELOPMENT OF LEGAL REGULATION OF DIGITAL INHERITANCE IN UZBEKISTAN

Аннотация

The advent of digital technologies has significantly transformed the composition of personal estates, introducing new forms of assets that exist solely in digital format. These include cryptocurrencies, online banking accounts, cloud storage files, social media profiles, digital art (NFTs), and other intangible digital properties. In Uzbekistan, the rapid digitization of society has not been matched by corresponding developments in succession law. Currently, the Civil Code of the Republic of Uzbekistan does not provide explicit provisions for the management and inheritance of digital assets. This paper explores the legal, ethical, and technological dimensions of digital inheritance, critically examines existing legal frameworks in Uzbekistan, and compares them with international best practices. It identifies regulatory gaps, conflict-of-law challenges, and privacy dilemmas, and proposes comprehensive reform strategies to develop a robust digital inheritance regime in Uzbekistan. The study emphasizes the need for legislative action, judicial interpretation, international cooperation, and digital literacy to ensure that citizens' digital legacies are legally protected and effectively transferred. Keywords: Digital inheritance, succession law, digital assets, Uzbekistan, civil law, cryptocurrencies, data privacy, legal reform, blockchain, conflict of laws Introduction. Digital assets have emerged as integral components of personal wealth in the 21st century. These assets range from economically valuable properties such as Bitcoin wallets and online business platforms to sentimental content like photo libraries, emails, and social media accounts. As individuals accumulate a growing portfolio of digital possessions, questions arise concerning the legal fate of such assets upon their death. Traditional inheritance systems—predominantly designed for tangible or clearly monetized assets—have been slow to adapt to the virtual dimension of property. In Uzbekistan, as in many jurisdictions worldwide, digital inheritance is not yet systematically regulated. The Civil Code provides general rules for inheritance by law and by will, but it does not recognize or address the particularities of digital property. This regulatory vacuum poses significant risks for heirs, data privacy, and the orderly transfer of assets. The present study analyzes the legal status of digital assets within the inheritance framework of Uzbekistan, identifies key challenges, and proposes forward-looking solutions grounded in comparative law, technology, and policy considerations. It aims to support legislative reforms and strategic development efforts that align national law with international standards and technological realities. What are Digital Assets? Digital assets are defined as content or resources that are stored and accessed electronically, have identifiable ownership, and can hold economic, cultural, or emotional value. They are increasingly recognized as part of a person’s estate, although their legal treatment varies across jurisdictions. 7 ILM-FAN VA INNOVATSIYA ILMIY-AMALIY KONFERENSIYASI in-academy.uz/index.php/si According to Bourreau & Valletti (2020), digital assets possess the following characteristics:  Intangibility (non-physical nature)  Dependence on digital platforms or networks  Access control through passwords, keys, or user authentication  Subject to user agreements and platform policies. Categories of Digital Assets A comprehensive legal framework must begin by recognizing the heterogeneity of digital assets. The following classification is commonly adopted: 1. Monetary Digital Assets: Cryptocurrencies (e.g., Bitcoin, Ethereum), online payment accounts (e.g., PayPal), digital wallets, and online investment portfolios. 2. Social and Communication Assets: Social media profiles (e.g., Facebook, Instagram, Twitter), email accounts, messaging services. 3. Creative and Intellectual Property: Digital photographs, videos, manuscripts, blog content, YouTube channels, eBooks, and software. 4. Utility and Access Accounts: Subscriptions (Netflix, Spotify), e-commerce profiles (Amazon, eBay), loyalty programs, and cloud storage accounts. 5. Emerging Digital Assets: Non-fungible tokens (NFTs), metaverse land, virtual avatars, and other blockchain-based property. These assets vary in their legal status, transferability, and methods of access, complicating their regulation and inheritance. Theoretical Foundations of Digital Inheritance. Digital inheritance refers to the transfer of ownership, control, or access to digital assets from a deceased person to their legal heirs. Unlike tangible property, digital assets often lack a clear legal personality and are governed by contracts with third-party service providers (e.g., Google, Meta, Apple). The theoretical dilemma arises from the intersection of three legal domains: 1. Succession law (governing transmission of rights post-mortem) 2. Data protection law (governing privacy and acce