Smart Contracts: Regulatory Challenges in the Russian Legal Framework and Their Overcoming through UNCITRAL Mechanisms

Abstract

The article examines the regulatory challenges associated with smart contracts in the Russian legal framework and explores the potential role of UNCITRAL instruments in addressing them. The main problem lies in the absence of a clear legal qualification of smart contracts in Russian law. Although smart contracts are used in practice and are indirectly reflected in certain provisions of the Civil Code, Russian legislation does not define them as automatically formed or automatically performed contracts. As a result, their regulation is largely shaped by the internal rules of digital platforms. The article argues that a smart contract should not be reduced either to a traditional contract, an electronic form of contract, or merely a method of performance. Rather, it should be treated as a sui generis legal and technological phenomenon. Particular attention is paid to the principles of technological neutrality, non-discrimination of automated transactions, attribution of actions performed by automated systems, and unexpected outcomes. The UNCITRAL Model Law on Automated Contracting may serve as an important reference point for developing a balanced Russian approach that combines statutory principles with platform-based regulation.