Blockchain Papers

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Nov 11, 2024·British Journal of Mass Communication and Media Research
1 cites
Cryptocurrency and Political Campaign Finance: Opportunities and Risks

Oladipupo AbdulMalik Olalekan

This paper explores the intersection of cryptocurrency and political campaign finance, focusing on the opportunities and risks of adopting digital currencies in political fundraising. The research seeks to answer the question: What are the opportunities and risks associated with using cryptocurrency in political campaign finance? The study adopts a qualitative methodology, relying on content analysis of existing literature and case studies of political campaigns that have employed cryptocurrency as a fundraising tool. Key findings suggest that cryptocurrency offers significant advantages, such as global fundraising potential, enhanced transparency through blockchain, and financial inclusivity. However, the risks include anonymity leading to regulatory evasion, foreign interference, and the potential for money laundering. These risks are compounded by inconsistent regulatory frameworks across jurisdictions. The paper concludes that a balanced regulatory approach is essential to leveraging the benefits of cryptocurrency while protecting the integrity of political processes. Future research should explore how regulatory frameworks can be refined to support innovation without compromising electoral transparency.

Open access
Security, Politics, and Digital Transformation
FinTech, Crowdfunding, Digital Finance
Original source
Oct 31, 2024·Institutional Repositories DataBase (IRDB)
0 cites
The Rise of Crypto Assets and the Importance of Regulation : The Current State of ‘Centralized’ Finance Brought About by ‘Decentralized’ Technology (1)

城穂 参川

The rise and fall of the crypto-asset market shares striking similarities with the earlier IT revolution, especially in the context of speculative bubbles and subsequent market corrections. The initial enthusiasm surrounding Bitcoin (BTC) and blockchain technology mirrored the excitement that characterized the New Economy at the dawn of the 21st century. However, just as the IT bubble burst due to unrealistic expectations, the crypto market has faced its own challenges, marked by extreme volatility and a series of high-profile failures, such as the collapse of FTX. The current landscape of crypto-assets is marked by both potential and peril. As interest grows among central banks and regulators, the importance of establishing a robust regulatory framework becomes increasingly clear. The lessons learned from past bubbles, such as the IT crash and the FTX collapse, can guide future approaches to integrating crypto-assets into the broader financial system while mitigating risks.

Open access
Blockchain Technology Applications and Security
Security, Politics, and Digital Transformation
Global Financial Regulation and Crises
Original source
Oct 25, 2024·Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav
1 cites
Legal regulation of cryptocurrencies in Europe: Challenges of harmonisation and development prospects

Andriy Tsvyetkov

The study aimed to identify key challenges in the field of legislative harmonisation and to outline the prospects for developing cryptocurrencies in the European Union, the United Kingdom and Ukraine. The study used hermeneutical, comparative and historical methods. The study defined crypto asset, its concept and content, in particular, the types into which it is divided (asset-linked token, electronic money token, and service token). The study analysed cryptocurrency regulations in the jurisdictions of the European Union, the United Kingdom, and Ukraine. At the same time, the study addressed the trends and prospects for legal regulation of virtual assets in these countries. The study established that the fragmented regulatory approach applied in the UK has led to uncertainty, which has had a negative impact on innovation and investment in the cryptocurrency sector. The study revealed significant differences in the regulation of cryptocurrencies in different countries, which create substantial obstacles to the harmonisation of legislation and further development of the market. At the same time, there is a general tendency to tighten the regulation of cryptocurrencies to prevent their use for illegal activities, such as money laundering and terrorist financing, and to ensure investor protection. This study emphasises the importance of enacting the Law of Ukraine “On Virtual Services”, which will become the only legal act in Ukraine that will regulate relations in the field of crypto assets

Open access
Security, Politics, and Digital Transformation
Digital Transformation in Law
Legal and Policy Issues
Original source
Oct 14, 2024·Bilkent University Institutional Repository (Bilkent University)
0 cites
Regulation of FinTech and crypto assets

Pınar Çağlayan Aksoy

We have entered an era where technological advancements are transforming traditional financial services globally. The rapid emergence of financial technology (FinTech) and distributed ledger technology (DLT) has initiated a new era of opportunities and challenges for Türkiye. Like many other countries, Türkiye is adapting its legal and regulatory framework to embrace the opportunities presented by FinTech and DLT while ensuring the safety and security of its financial system. This chapter provides a comprehensive analysis of Türkiye's current regulatory framework regarding FinTech and crypto assets and presents projections about the future. © 2025 selection and editorial matter, Muzaffer Eroğlu, Matthias Finger and Emin Köksal; individual chapters, the contributors.

Open access
FinTech, Crowdfunding, Digital Finance
Blockchain Technology Applications and Security
Security, Politics, and Digital Transformation
Original source
Oct 1, 2024·Вестник Российского университета дружбы народов. Серия: Юридические науки
1 cites
Engaging a specialist for the investigation of cryptocurrencies in criminal, civil and arbitration proceedings

Yury P. Garmaev, Grigory P. Osipov

The spread and use of cryptocurrencies (digital currency) in Russia and globally is increasing significantly every year. As the cryptocurrency market has grown, its criminal component has also grown at the same time. The number and degree of public danger of crimes where cryptocurrency acts as an object, aim or means of crime is steadily increasing. Civil and arbitration disputes over cryptocurrencies are also on the rise. Consequently, there is an objective need to effectively protect the interests of victims from criminal offenses, investigate relevant crimes and resolve disputes. Addressing these issues is impossible without the assistance of cryptocurrency specialists. The article formulates a definition of cryptocurrency crime, analyzes the challenges of using cryptocurrencies, ranging from the incomplete regulatory framework of its circulation to the lack of expertise among most practicing lawyers. It investigates and summarizes the conflicting practices in terms of requirements for cryptocurrency specialists, their conditions and procedure of their involvement in various legal proceedings. The prevalence of incompetence and dishonesty among individuals and companies offering services in the crypto market is noted, and appropriate warnings are put forth. The study systematizes and describes typical criminal, investigative and judicial scenarios where the expertise of a cryptocurrency specialist is necessary. It also provides conclusions and recommendations on organizing and strategizing interaction with cryptocurrency specialists in the interests of victims (including organizations), investigative authorities and/or the court. The conclusion summarizes the roles of cryptocurrency research specialists in various stages and legal proceedings (criminal, civil and arbitration) from oral and written consultations, preparation of specialist opinions to participation in investigative actions, court hearings and negotiations between conflicting parties. The research incorporates both general and specific scientific methodologies such as system-structural analysis, formal-logical extrapolation, document analysis, statistical analysis, prognostic and interviewing techniques.

Open access
Blockchain Technology Applications and Security
Cybercrime and Law Enforcement Studies
Security, Politics, and Digital Transformation
Original source
Sep 30, 2024·Information Technologies and Learning Tools
0 cites
РЕЄСТРАЦІЯ ПРАВА ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ НА ОСНОВІ ТЕХНОЛОГІЇ БЛОКЧЕЙН

M. Vinnik, Максим Полторацький, Olga Konnova, Наталія Олександрівна Кушнір · 5 authors

The widespread implementation of blockchain technologies fundamentally changes many processes in the socio-economic and cultural life of modern society. The high level of investment in the implementation of this technology, especially in the field of digital art, confirms the perspective and high interest of business in the further development of the blockchain. At the same time, the appearance of a large number of digital works of art and the possibility of electronic access to the latest developments actualize the issue of copyright protection and quick obtaining of intellectual property (IP) documentation. This issue is also important for teachers and educational institutions because it allows them to protect the results of their work, promote innovation and knowledge in the field. The use of non-fungible tokens is one of the most promising directions for the protection of intellectual property. The article analyzes the experience of implementing blockchain technologies in the process of obtaining intellectual property documents and patents, and copyright protection in general, and also considers systems and platforms designed for copyright protection. We present the model of authorship registration and obtaining IP documents based on blockchain technology. The user’s authorship will be represented in the form of a non-fungible token (NFT), which contains all information about this intellectual property and confirms the user's right to it. Each NFT is unique, allowing creators to present their creations in digital form with guaranteed proof of authorship. In addition, the article presents a fragment of the requirements for the tokenomics model and a diagram of the interaction of agents in the context of the functioning of tokenomics and the model as a whole. During the research, an NFT model was developed. It represents an intellectual property document certifying the authors’ rights to intellectual property objects. We implemented a smart contract that manages the creation and transfer of NFTs using the Cadence language on the Flow blockchain. In addition, the key functional requirements for the system were implemented, among them: registration of authors and experts (reviewers), adding keywords for the selection of experts (reviewers), searching for relevant experts by keywords, implementation of payment functions for reviewers for work performed.

Open access
Blockchain Technology Applications and Security
Copyright and Intellectual Property
Security, Politics, and Digital Transformation
Original source
Sep 27, 2024·Lomonosov Economics Journal
3 cites
Digital currencies of central banks: nature and purpose

Mikhail V. Kulakov, I. A. Nosov

This paper examines the concept of central bank digital currencies (CBDC) and its evolution as the interest of monetary authorities and regulators in the phenomenon of digital currencies increases. The purpose of the article is to identify the nature and purpose of central bank digital currencies and their underlying qualities through a comparative analysis of the definitions given to them by researchers and monetary authorities developing them, as well as a quantitative analysis of data on the stages of development of digital currencies by central banks around the world. Drawing on the results of the study, we may conclude that with central banks digital currency projects the concept of digital currency, which previously denoted private electronic currency, as well as the classification of money, has become more complicated; regulators of large economies developing digital currencies of central banks view it primarily as a digital form of national currency, close to the characteristics and purpose of cash, and also that the use of distributed ledger technology is an optional, but quite a common attribute of central bank digital currencies.

Open access
Security, Politics, and Digital Transformation
Blockchain Technology Applications and Security
Economic Development and Digital Transformation
Original source
Sep 20, 2024·Baltic Journal of Economic Studies
0 cites
THE THEORY OF TRANSFORMATION OF INTELLECTUAL PROPERTY LEGAL REGIMES USING BLOCKCHAIN TECHNOLOGIES: INTERNATIONAL CONTEXT

Oleksandr Bignyak, S. Mazurenko, Olga Ivanchenko

This article is dedicated to the study of the theory of transformation of intellectual property legal regimes through blockchain technologies on an international scale. It focuses on three thematic blocks: firstly, defining the essence of blockchain technologies; secondly, analysing international blockchain technology standards; and thirdly, exploring variations in the use of blockchain technologies for the registration of intellectual property objects. The subject of the study is the social relations in the field of intellectual property and the mechanisms for their regulation. Methodology. The article employs scientific methods of cognition and doctrinal resolution of issues related to the use of digital tools in the regulation of social relations. This encompasses formal-logical and dialectical methodologies. A variety of empirical techniques, including synthesis, deduction, and statistical analysis, were employed. Results. The study reveals the absence of a direct indication of the use or intent to use distributed ledger technology, otherwise known as blockchain technology. The study demonstrates the significance of utilising blockchain technology in maintaining the customs register to account for intellectual property objects protected by law. This ensures the impossibility of unauthorised alteration or deletion of information about intellectual property objects, as provided by distributed ledger technology. These legal relations emerge in the course of entering information into the aforementioned registers, making modifications (updates), and providing information to interested parties. The use of blockchain technologies in the formation of the register of issued certificates of state registration of copyright for a work is justified.

Open access
Digital Transformation in Law
Security, Politics, and Digital Transformation
Digitalization and Economic Development in Agriculture
Original source
Sep 16, 2024·Сталий розвиток економіки
1 cites
ПЕРСПЕКТИВИ ІНТЕГРАЦІЇ РИНКУ КРИПТОВАЛЮТ В БАНКІВСЬКУ СИСТЕМУ: КОНСАЛТИНГОВИЙ АСПЕКТ

Павло Чуб, Олена Олександрівна Примостка, Антон Пащенко

Метою статті є аналіз правових аспектів регулювання криптовалют в провідних країнах світу (США та ЄС), дослідження можливостей і переваг інтеграції криптовалюти та блокчейну в банківську систему, а також виявлення потенційних ризиків та викликів, пов'язаних з цим процесом. Розглянуто технічні та правові аспекти (на прикладі США та ЄС) інтеграції криптовалют та блокчейну в банківську систему. Особливу увагу приділено Bitcoin (BTC) та Ethereum (ETH) як найпоширенішим криптовалютам. Аналіз технічних аспектів показав, що ці криптовалюти функціонують на базі децентралізованої технології блокчейну, яка забезпечує безпеку, прозорість та незмінність транзакцій. Проаналізуємо регулювання ринку криптовалют в ЄС. Проаналізовано потенційні ризики та виклики, пов'язані з інтеграцією цифрових активів, такі як висока волатильність криптовалют, проблеми з легалізацією та регулюванням цифрових активів та ключові напрями консалтингу. Серед проблем регулювання криптовалют слід виділити насамперед відсутність правил для спотових ринків та ризики регуляторного арбітражу. Доведено, що інтеграція криптовалюти та блокчейну в банківську систему може бути вигідною для банків та їх клієнтів, проте все ще потребує ретельного вивчення технологічних та правових аспектів задля запобігання насамперед можливим зловживанням та кримінальній діяльності. Проаналізовано ризики, пов'язані з інтеграцією криптовалют та блокчейну в банківську систему.

Open access
Digital Transformation in Financial Services
Agriculture Market Analysis Ukraine
Security, Politics, and Digital Transformation
Original source
Sep 3, 2024·International Journal of Digital Law and Governance
1 cites
Property Rights, Money and the Future of Cryptocurrency

Iyare Otabor‐Olubor

Abstract The central argument in this article is that the legal recognition of cryptocurrency as a distinct form of property directly influences, and is in turn influenced by, its capacity to function as a medium of exchange. Legal scholarship often treats these topics in isolation. The analysis examines the conceptual and juridical foundations of cryptocurrency through the dual prisms of property and money, arguing that the legitimacy of cryptocurrency in economic and legal systems depends on its status as an object of ownership. It contends that the use of cryptocurrency as money cannot be separated from its proprietary character, as the ability to hold, transfer, and exclude others forms the basis upon which trust, exchange, and value are established. The discussion advances the view that cryptocurrency represents a novel category of intangible asset whose ownership must be understood within established principles of personal property while accommodating its decentralised, non-sovereign nature. The article further contends that cryptocurrency as a form of property enables it to fulfil specific monetary roles as a store of value and medium of exchange, thereby bringing personal property and money into a single analytical frame.

Open access
2 source records
Blockchain Technology Applications and Security
Security, Politics, and Digital Transformation
Energy Law and Policy
Original source
Aug 1, 2024·Digitalization of legal deeds in the context of the modernization of public services
0 cites
PRACTICAL ASPECTS OF APPLICABILITY OF THE SMART CONTRACT BASED ON THE BLOCKCHAIN SYSTEM

Aliona Cara-Rusnac

Over the years, a number of applications of blockchain and smart contracts have been proposed in a variety of scenarios and sectors. Such applications use the blockchain to record different types of assets, from financial to public (e.g. vehicle registrations), semi-public (e.g. university degrees) and private (e.g. wills), as well as intangible (e.g. coupons) and tangibles (e.g. e-hotel). room keys) active. In the following subsections, an overview of the developed/designed applications is reported, grouping them according to their sector and context. The objective here is to provide the reader with a list of existing, to be developed, or potential applications of blockchain and smart contracts to help them understand the huge impact this technology could have on society.

Open access
Digital Transformation in Law
Legal Studies and Reforms
Security, Politics, and Digital Transformation
Original source
Jul 26, 2024·Theory and Practice of Forensic Science
0 cites
Cryptocurrency as a New Object of Forensic Economic

М. М. Виноградова

The article examines a new object of forensic economic examination – cryptocurrency. The author provides classic definitions of an object of forensic examination and establish the differences of cryptocurrency from the traditionally understood objects of both forensic examination in general and economic examination in particular. The main difference of cryptocurrency from other currencies and objects of investigation is its virtual nature, lack of affiliation with the material world. Two main points of view on the essence of cryptocurrency are analyzed: as a basis and tool for the development of new effective forms of payments, exchange of goods, and as an object and instrument of criminal activity. A definition of cryptocurrency is given as interpreted by the FATF – Financial Action Task Force. It is identified which issues related to the circulation of cryptocurrency can be attributed to the competence of a forensic expert-economist, and which – to the field of computer forensics. The author also describes the features of cryptocurrency that must be taken into account when considering it as an object of forensic economic examination.

Open access
Security, Politics, and Digital Transformation
Cybercrime and Law Enforcement Studies
Economic and Technological Systems Analysis
Original source
Jul 26, 2024·Vestnik MIRBIS.
0 cites
Prospects for the use of smart contracts in russia

Е.С. Маркова, О.Н. Митрофанова, А.Д. Конов

Данная статья посвящена вопросам современной технологии смарт-контрактов. Дана оценка влияния смарт-контрактов на бизнес-среду. Проанализирована популярная блокчейн- платформа для разработки и внедрения смарт-контрактов. Рассмотрены основные возможности и особенности смарт-контрактов, успешно проведен анализ технологии, предложены варианты по решению проблем после анализа. Входе исследования авторы приходят к выводу о том, что, развивая смарт-контракты и применяя их в практике, будут снижаться затраты, повышаться эффективность, увеличиваться прозрачность в управлении, что указывает на возможность преобразования деловой России. Важно подчеркнуть, что для реализации этого потенциала, необходимо пройти путь, соединяя нормативно-правовую базу, технологические возможности и преодолевая социальные барьеры, и поможет создать новые возможности для участия в экономической деятельности. This article is devoted to the issues of modern smart contract technology. An assessment of the impact of smart contracts on the business environment is given. The popular blockchain platform for the development and implementation of smart contracts is analyzed. The main features and features of smart contracts are considered, the technology has been successfully analyzed, and options for solving problems after analysis are proposed. Based on the study, the authors conclude that by developing smart contracts and applying them in practice, costs will decrease, efficiency will increase, and transparency in management will increase, which indicates the possibility of transforming business Russia. It is important to emphasize that in order to realize this potential, it is necessary to go through a path connecting the regulatory framework, technological capabilities and overcoming social barriers, and will help create new opportunities for participation in economic activities.

Open access
Digital Transformation in Law
Security, Politics, and Digital Transformation
Legal and Policy Issues
Original source
Jul 5, 2024·Journal of Infrastructure Policy and Development
4 cites
The regulatory puzzle of decentralized cryptocurrencies: Opportunities for innovation and hurdles to overcome

Mohsin Dhali, Shafiqul Hassan, Sonny Zulhuda

Decentralized cryptocurrencies, such as bitcoin, use peer-to-peer software protocol, disintermediating the traditional intermediaries that used to be banks and other financial intermediaries, effectuating cross-border transfer. In fact, by removing the requirement for a middleman, the technology has the potential to disrupt current financial transactions that rely on a trusted authority or intermediary operator. Traditional financial regulation, primarily based on the command-and-control approach, is ill-suited to regulating decentralized cryptocurrencies. The present paper aims to investigate the policy option most suitable for regulating decentralized cryptocurrencies. The study employs content analysis method to effectuate the purpose of the study. The paper argues that the combination of both direct and indirect regulatory approaches would be a feasible option for regulating decentralized cryptocurrencies. The absence of centralized authority and the borderless nature of decentralized cryptocurrencies would make them antithetical to centralized direct regulation. Therefore, the findings of the study suggest that regulators should focus on regulating intermediaries bridging the connection between the online world (crypto ecosystem) and the physical world (the point of converting crypto into fiat money). These intermediaries can work as passive actors or surrogate regulators who are indirectly responsible for implementing policy options on behalf of the central authority.

Open access
Blockchain Technology Applications and Security
Cybercrime and Law Enforcement Studies
Security, Politics, and Digital Transformation
Original source
Jul 2, 2024·Innovative technologies and scientific solutions for industries
4 cites
Analysis and justification of the use of existing blockchain solutions for the protection of digital assets

Гліб Терещенко, Iryna Kyrychenko

The subject of this article is consideration of modern blockchain solutions and their potential use in the context of digital asset protection. Various aspects of blockchain technology are explored, including consensus mechanisms, security levels, and functionality. The goal of the work is a systematic analysis and justification of the application of various blockchain solutions for the protection of digital assets. The article is aimed at determining the effectiveness and feasibility of using specific blockchain protocols and their functional elements to ensure the safety, reliability, and integrity of digital assets. The following tasks were solved in the article: consideration of modern blockchain technologies and consideration of their role in ensuring the security of digital assets. Conducting a detailed analysis of popular blockchain protocols, including Bitcoin, Ethereum, and Hyperledger Fabric, with a focus on their security against various types of cyber threats and attacks. The following methods are used: analysis of blockchain protocols, expert evaluations of the effectiveness of protection of digital assets, and study of the technical features of each solution. The following results were obtained: clearly defined advantages and disadvantages of each protocol were obtained, taking into account their applicability in the field of digital assets in various fields of application, such as semantic analysis of texts, E-Learning, Big Data, DDP-systems, finance, etc. In addition, the issue of network privacy in the context of information protection was investigated and justifies the choice of the optimal blockchain solution for a specific use. Conclusions: The article provides readers with an overview of how to effectively use blockchain to ensure the reliability and security of digital assets in a variety of usage scenarios. In today's digital world, where the value of digital assets is growing exponentially, protecting them from cyber threats becomes a critical task. Blockchain technologies, originally developed for cryptocurrencies, have gained recognition as an effective tool in the field of cyber security. The importance of standardization and regulation in the field of blockchain technologies to ensure their effective integration and compliance with the requirements of the law is put forward.

Open access
Security, Politics, and Digital Transformation
Digital Transformation in Law
Economic and Technological Systems Analysis
Original source
Jun 30, 2024·КазУТБ
3 cites
APPLICATION OF SMART CONTRACTS IN ELECTRONIC SYSTEMS BASED ON BLOCKCHAIN TECHNOLOGIES

A.M. Jumagaliyeva, A. D. Tulegulov, G.E. Murzabekova, Gulzhan Muratova

In the era of digitization, where information technology and business processes are closely intertwined, the development and implementation of blockchain-based smart contracts become key to achieving a new level of automation, security, and efficiency. This article deeply analyzed how blockchain smart contracts can enhance the execution of contractual obligations, making processes more transparent and efficient. The main aspect of study is the technical details of smart contracts and exploration of their practical application for optimizing business procedures, significantly reducing risks associated with fraud and the need for intermediaries. A practical demonstration of deploying a smart contract, executed in the Python programming language, is proposed as a method used in the article, highlighting the possibilities and challenges related to scalability and regulation. Results underscore a notable boost in operational efficiency and security, while also identifying barriers to broader technological adoption. Concluding, the significant role of smart contracts in evolving information systems is underlined, advocating for novel approaches to secure, autonomous contract fulfillment and emphasizing the importance of ongoing research to exploit their full capabilities in fortifying information security and operational efficacy.

Open access
Digital Transformation in Law
FinTech, Crowdfunding, Digital Finance
Security, Politics, and Digital Transformation
Original source
Jun 24, 2024·Review of Law Sciences
0 cites
"Protecting digital assets: cybersecurity imperatives for uzbekistan’s crypto exchange ecosystem "

Said Gulyamov, Исламбек Рустамбеков

Analyzing the complex cybersecurity landscape of Uzbekistan’s crypto exchanges, the article emphasizes the importance of developing and implementing cybersecurity policies and regulatory frameworks. The article identifies the most pressing and evolving digital threats and evaluates the effectiveness of advanced mitigation measures. Furthermore, it explores the transformative potential of innovative legal and technological tools, such as blockchain-based identity verification, zero-knowledge proofs, and secure multi-party computation. The article provides an in-depth analysis of the current legislation governing cybersecurity practices within Uzbekistan’s crypto ecosystem and offers insights into future development prospects. To provide a comprehensive analysis of the cybersecurity situation in the cryptocurrency exchange industry, an extensive review of academic publications, industry reports and official documents related to cybersecurity in the cryptocurrency market is used. In addition, the article includes case studies of known cybersecurity incidents related to cryptocurrency exchanges. By analyzing real-life examples, the researchers aim to provide a more detailed understanding of the cybersecurity challenges faced by cryptocurrency exchanges and the effectiveness of various mitigation measures. Ultimately, the article presents practical recommendations for creating a secure, trustworthy, and innovation-driven environment for cryptocurrency users in Uzbekistan.

Open access
Security, Politics, and Digital Transformation
Digital Transformation in Law
Cybercrime and Law Enforcement Studies
Original source
Jun 20, 2024·International law journal.
0 cites
On the issue of the civil law regime of cryptocurrencies

И.А. Гришаев

работа посвящена анализу правового режима (правовой природы) криптовалюты, в том числе поиску ответа на общий вопрос о наличии либо отсутствии у криптовалюты признаков объекта гражданского права (объектоспособности). Автор анализирует основные взгляды на феномен криптовалюты с точки зрения права, в том числе приводит критический анализ позиции законодателя. По результатам работы автор, анализируя такие признаки криптовалюты, как выполнение ею функции денежного суррогата, отсутствие в отношении криптовалюты обязанного лица, а также существование криптовалюты в форме информации, приходит к выводу о том, что крипиптовалюта не является объектом гражданского права. В то же время автор не исключает целесообразность применения к отношениям, связанным с использованием криптовалюты, норм о неосновательном обогащении. the paper is devoted to the analysis of the legal regime (legal nature) of the cryptocurrency, including the search for an answer to the general question about the presence or absence of signs of the object of civil law (objectability) in the cryptocurrency. The author analyzes the main views on the cryptocurrency phenomenon from the point of view of law, including a critical analysis of the position of the legislator. According to the results of the work, the author, analyzing such signs of cryptocurrency as its fulfillment of the function of a monetary surrogate, the absence of an obligated person in relation to crypto currency, as well as the existence of cryptocurrency in the form of information, comes to the conclusion that crypto currency is not an object of civil law. At the same time, the author does not exclude the expediency of applying rules on non-innovative enrichment to relations related to the use of cryptocurrencies.

Open access
Digital Transformation in Law
Security, Politics, and Digital Transformation
Law, AI, and Intellectual Property
Original source
Jun 14, 2024·Courier of Kutafin Moscow State Law University (MSAL)
1 cites
Criminal law confiscation of cryptocurrencies: some problems of law-enforcement practice

A. A. Knyazkov

The article discusses the problems of classifying cryptocurrencies as property subject to confiscation in accordance with Chapter 15.1 of the Criminal Code of the Russian Federation. Despite the controversial nature of the possibility of foreclosure on cryptocurrencies, the amendments made to Article 104.1 of the Criminal Code by Federal Law No. 214-FZ of June 13th, 2023, expand the cases of confiscation in cases of crimes in the field of computer information (Chapter 28 of the Criminal Code), which, as a rule, involve the use of cryptocurrencies. The highest court in the new version of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 14, 2018 No. 17 “On some issues related to the use of confiscation of property in criminal proceedings” dated 12.12.2023 provides a number of provisions that allow us to judge the expansion of the possibility of using the confiscation of cryptocurrencies. The emerging heterogeneous judicial practice allows for various options for the confiscation of cryptocurrencies, depending on the specifics of the electronic medium and various features of storing cryptocurrencies. The lack of both regulatory and technical support for the execution of the confiscation of cryptocurrencies makes it difficult to effectively confiscate cryptocurrencies and achieve the goals of criminal proceedings, which requires amendments to the current legislation of the criminal cycle.

Open access
Security, Politics, and Digital Transformation
Digital Transformation in Law
Law, AI, and Intellectual Property
Original source
Jun 8, 2024·Computer law & security review
21 cites
Non-fungible tokens, tokenization, and ownership

Janne Kaisto, Teemu Juutilainen, Joona Kauranen

The emergence of non-fungible tokens (NFTs) in the blockchain environment has prompted many intriguing questions for private law scholars around the world. A question as basic as whether NFTs can be owned has proven difficult in many countries. This is the first research question of our article, which focuses on NFTs created in the Ethereum system by utilizing standard ERC-721. Because these NFTs are identifiable and distinguishable from all other tokens, the notion of owning an NFT is not unthinkable. Yet no universal answer can be offered. Whether NFTs qualify as objects of ownership must be studied at the level of individual legal systems. We argue that NFTs can be owned under Finnish law, with the same probably applying to many other legal systems. Starting with this notion, we pose two further research questions. As the second research question, we ask what problems of a patrimonial law nature may arise in attempts to connect different kinds of rights, even irrevocably, to owning or holding an NFT. Creditor rights seem relatively easy in this respect because most legal systems allow prospective debtors to obligate themselves as they wish. We also study whether a limited liability company could issue an NFT as a share certificate with legal effects corresponding to those of a physical (paper) share certificate. While an affirmative answer could be justified in some legal systems, Finnish law makes it difficult to tokenize a company's shares other than in the framework of a settlement system within the meaning of the European Union's DLT Pilot Regulation. Even greater difficulties arise in attempts to connect the ownership of a (material) thing and of an NFT so that a person who owns a token also owns the thing. Our third and final research question addresses tokenization of digital art, which gives rise to some special questions. We ask what rights the transferee of an NFT can receive in connection with tokenization of digital art. Here, our main finding is that digital art can be meaningfully tokenized even though digital copies are not regarded as possible objects of ownership.

Open access
Blockchain Technology Applications and Security
Security, Politics, and Digital Transformation
Corporate Insolvency and Governance
Original source
Jun 1, 2024·Neliti
0 cites
About the Means of Keeping Cryptocurrency Safe

N. (Natiq) Quliyev, S. (Samira) Kahramanova

One of the latest achievements of information technology and in particular cryptography is the concept of cryptocurrency. It should also be noted that cryptocurrency also started a new era in the field of economy and finance in modern times. Recently, the trading volume of crypto-currency is also rapidly expanding in scope. In this regard, the publication of this article is is an actual issue.

Open access
Security, Politics, and Digital Transformation
Economic and Technological Systems Analysis
Digital Transformation in Financial Services
Original source
May 21, 2024·Law State and Telecommunications Review
0 cites
Legal Regulations and Developments of Cryptocurrencies in India and Russia

Gazal Gupta, Amit Yadav, A. Gupta

[Purpose] This article addresses the lack of legislation in India to govern digital currencies, as well as the legality of Bitcoin in comparison to Russia's ban on other digital assets for payment regulation, highlighting the necessity for effective legislation once all around the world. It further delves into potential misuse of private cryptocurrencies in a variety of ways while placing upon the need for both countries to form a new digital currency regulatory authority. [Methodology/Approach/Design] This paper probes into the existing legal regulations for Cryptocurrency in India, Russia and other countries by using primary and secondary data throughout the paper. The primary data have been taken from legitimate government sources such as Russia's federal law and other bills and laws enacted in India, such as the "Banning of Cryptocurrency and Regulation of Official Digital Currency Bill, 2019" and "The Cryptocurrency and Regulation of Official Digital Currency Bill, 2021." Various judgments like the case of Internet and Mobile Association of India v. Reserve Bank of India and Dwaipayan Bhowmick v. Union Of India and Ors. have been taken out from Manupatra which is an online database for legal research. Government reports and notifications from the Indian, Russian and US government have also been examined. The secondary data include numerous news articles from Times of India, The Mirror, India Times, The Moscow Times, Telegraph, The UK News and other new sites. Lastly, articles by various researchers like Bohme et al, Dyhrberg and Kim have also been thoroughly analysed. [Findings] It was concluded that legalising Cryptocurrency through codified laws, appropriate approval for digital currencies through regulatory authorities, establishing clear definition of ‘cryptocurrency’, uniform taxation for all types of Cryptocurrencies, updation of penal laws and setting imprisonment for cryptocurrency regulation violation seem to be some effective solutions to reignite the Indian and Russian Economies. [Practical Implications] The practical implication lies in the fact that the use of cryptocurrencies is increasing on a daily basis, but neither the national government nor the world organizations has made any steps to control the market for virtual currencies.

Open access
Security, Politics, and Digital Transformation
Blockchain Technology Applications and Security
Cybercrime and Law Enforcement Studies
Original source
May 15, 2024·Nashrlar
0 cites
OPPORTUNITIES AND RISKS OF INVESTING IN CRYPTOCURRENCIES

Numonjon Malikov, Shuxrat Egamqulov

The article is devoted to highlighting and defining the nature of cryptocurrencies. We will go into the details and latest trends regarding cryptocurrencies, with directing the potential risks and opportunities of investing in cryptocurrencies

Open access
Scientific Research and Philosophical Inquiry
Security, Politics, and Digital Transformation
Original source
May 13, 2024·International Journal of Science and Research Archive
33 cites
Enhancing consumer protection in cryptocurrency transactions: Legal strategies and policy recommendations

Ngozi Samuel Uzougbo, Chinonso Gladys Ikegwu, Adefolake Olachi Adewusi

Enhancing consumer protection in cryptocurrency transactions presents a critical challenge due to the decentralized and often opaque nature of the cryptocurrency market. This abstract explores the legal frameworks and mechanisms aimed at safeguarding consumers engaging in cryptocurrency transactions, focusing on key issues, challenges, and recommendations for improvement. Consumer protection in cryptocurrency transactions is a pressing concern due to the prevalence of fraud, hacking, and market manipulation. The lack of regulatory oversight and the pseudonymous nature of transactions make it challenging for consumers to seek recourse in cases of fraud or misconduct. To address these challenges, legal frameworks have been developed at both national and international levels. At the national level, some countries have implemented consumer protection laws that apply to cryptocurrency transactions, such as requiring exchanges to comply with anti-money laundering (AML) and know-your-customer (KYC) regulations. However, the effectiveness of these laws is limited by the global nature of the cryptocurrency market and the difficulty in enforcing regulations across borders. Internationally, organizations like the Financial Action Task Force (FATF) have issued guidelines to combat money laundering and terrorist financing in the cryptocurrency sector. These guidelines recommend that countries implement AML and KYC measures for cryptocurrency exchanges and wallet providers. While these recommendations are a step in the right direction, implementation remains a challenge, particularly in countries with limited regulatory capacity or political will. To enhance consumer protection in cryptocurrency transactions, several recommendations can be considered. These include increased collaboration between regulators and industry stakeholders, the development of international standards for consumer protection in cryptocurrencies, and the establishment of a regulatory framework that balances innovation with investor protection. Additionally, consumer education and awareness campaigns can help individuals make informed decisions when engaging in cryptocurrency transactions. In conclusion, enhancing consumer protection in cryptocurrency transactions requires a multi-faceted approach that addresses regulatory gaps, promotes international cooperation, and empowers consumers through education and awareness. By implementing these recommendations, policymakers and industry stakeholders can work together to create a safer and more transparent cryptocurrency market.

Open access
Digital Transformation in Law
Law, AI, and Intellectual Property
Security, Politics, and Digital Transformation
Original source