CYBERTORT COMMITTED THROUGH THE USE OF A SMART CONTRACT: PROBLEMS OF NOTARIAL SECURING OF EVIDENCE

Abstract

Based on a civilistic methodological approach, the concept, as well as the legal nature of a smart contract, are considered, and cases of using a smart contract for the purpose of committing a cybertort are investigated. The subject of the study is: civilistic doctrine, norms of Russian legislation, judicial and notarial practice. The purpose of the study is to reveal the specifics of notarial support of evidence in case of committing a cybertort through the use of a smart contract. Taking into account the above subject and purpose of the study, the article uses systemic-structural, comparative-legal methods of scientific knowledge, as well as the modeling method. The methodological feature of the article is a combination of theoretical and empirical levels of knowledge. The use of the above set of methods made it possible to reveal the specifics of notarial support of evidence in the context of legal analysis of relations arising as a result of committing a cybertort through the use of a smart contract.