Blockchain es una tecnología innovadora que permite hacer más eficiente la vida de las personas, a partir de un variado campo de acciones, que entre otras cosas permiten realizar transacciones que generan confianza y disminuir los gastos de operación. En relación con Blockchain surgen los Smart Contracts, produciendo una revolución en materia contractual. Existen grandes apuestas en torno a éstos avances tecnológicos para varios sectores como el financiero o el registral. No obstante, a pesar de los evidentes beneficios, se advierten algunos obstáculos al cumplimiento de las normas en materia de protección de datos personales en el servicio de los contratos inteligentes vinculados en específico al control de privacidad/ confidencialidad y al derecho al olvido por los principios regentes de Blockchain.
Shu Pan, Nurul Izzatul Lydia Binti Za’ba, M. Yaacob
Disputes in the construction industry occur from time to time. The development of the building information model enables the information in the process of project execution in the construction industry to be stored in the same model, which can find appropriate communication channels for disputes between different parties involved in engineering projects. As an emerging technology, Blockchain has received wide attention and is widely used in various fields because of its distributed storage, decentralization, and de-trust characteristics. Furthermore, smart contracts technology provides a new solution to the existing difficulties of disputes in the construction engineering industry from the perspective of replacing traditional contracts. Based on the research of Blockchain and smart contracts technology, this paper analyzes the feasibility of applying Blockchain and smart contracts to contracts management of the construction information model and discusses the implementation plan of combining Blockchain and contracts management of the construction information model with the actual scenario of material supply in the construction industry, choosing Ethereum blockchain platform as the underlying architecture and adopting " The development of smart contracts for construction material supply is carried out by adopting the "on-chain off-chain" data storage and business interaction method, and the specific design and implementation are carried out from the perspectives of system architecture, system deployment, contracts invocation mechanism, and contracts function.
Open access
Legal, Health, Environmental and COVID-19 Challenges
Smart contracts, as a newly developed technology, may radically re‐shape traditional contractual relationships, transferring the power to perform and enforce from contractors to robots. This paper provides a framework which seeks to ensure that this transfer of power does not undermine vital consumer law values. The starting point is the well‐accepted idea of consumer law being based on values aiming to protect consumers as weaker parties in their relationships with traders and this will be built on using various new arguments. First it will be argued that any brave new world of smart contracts will still need the law to provide the sorts of rights it already does: smart contracts may enhance data preferences and improve choice up to a point, but they cannot produce market choices replacing the need for such legally mandated rights. Next it will be shown that to reflect underpinning protection values, some such rights must operate in particular ways. This includes rights concerning information and contract cancellation, conformity standards, remedies, and unfair terms: ‘time sensitive’ rights that must be available at certain stages of the relationship.
Южно-Российский институт управления – филиал Российской академии народного хозяйства и государственной службы при Президенте РФ, Ростов-на-Дону, Россия, Шатковская Татьяна Владимировна, Ростовский государственный экономический университет (РИНХ), Ростов-на-Дону, Россия, Евстафьева Алина Александровна · 5 authors
The article is aimed at developing practical recommendations for overcoming the problems of changing and terminating smart contracts due to gaps in their legislative regulation. The authors analyze the possibility of applying the general provisions for changing and terminating the contract, enshrined in Chapter 29 of the Civil Code of the Russian Federation, to a smart contract. The article proposes legal mechanisms for changing and terminating a smart contract. The authors conclude that now, when changing and terminating a smart contract, it is not enough to rely on the general provisions of the Civil Code of the Russian Federation, there is an urgent need to solve this problem both through legislative changes and by developing practical mechanisms for implementing existing grounds and methods.
Despite the enormous popularity of mining worldwide, which entirely objective reasons have caused, there remains a dissonance in States' approaches to its legal regulation. One of the reasons is that the legal regulation of blockchain technologies in different countries goes completely different ways. In fact, mining is a process of generating cryptocurrencies, as a result of which a new suitable block of transactions is added to the blockchain, and coins are issued. Therefore, to regulate such a process as mining, the legislator needs to create a holistic legal framework regulating the turnover of digital assets in the state.
The article looks into the concept and legal nature of smart contracts, as well as the issues that arise during the use of smart contracts in the field of digital assets. The technical and legal aspects of the concept of a smart contract are considered. Models of use of smart contracts are described. Scientific and legislative approaches to determining the legal nature of smart contracts are presented. The dual legal nature of a legal smart contract is analyzed: as a form of transaction and an object of copyright. Some issues in the field of protection of the rights of smart contract parties are considered. Based on the findings, temporary solutions in the field of using smart contracts are proposed.
Apr 14, 2023·CEUR Workshop Proceedings, Vol-3373: Proceedings of the 4th International Workshop on Intelligent Information Technologies & Systems of Information Security with CEUR-WS
Liliia Shumyliak, Ľuboš Cibák, С. Е. Остапов, Abdel-Badeeh M. Salem · 5 authors
Smart contracts built on blockchain technology are changing the way traditional industries and businesses operate. They allow the terms of an agreement to be automatically executed without the need for a middleman, leading to decreased administration costs, more efficient processes, and reduced risks. This article is focuses on the practical implementation of smart contracts. It discusses the benefits of using smart contracts for companies, including increased security and transparency, reduced transaction costs, and automation of contractual processes. The article also describes the key elements of a smart contract, provides a description of the implementation of smart contracts on the online market of digital goods, and presents the developed algorithm of the system operation.
<p>The first cryptocurrency was invested in 2008/09, but the Blockchain-Web3 concept is still in its infancy, and the cyber risk is constantly changing. Our cybersecurity should also be adapting to these changes to ensure security of personal data and continuation of business for organisations. This review paper starts with a comparison of existing cybersecurity standards and regulations from the National Institute of Standards and Technology (NIST) and the International Organization for Standardization (ISO) - ISO27001, followed by a discussion on more specific and recent standards and regulations, such as the Markets in Crypto-Assets Regulation (MiCA), Committee on Payments and Market Infrastructures and the International Organisation of Securities Commissions (CPMI-IOSCO), and more general cryptography and post-quantum cryptography, in the context of cybersecurity. These topics are followed up by a review of recent technical reports on cyber risk/security and a discussion on cloud security questions. Comparison of Blockchain cyber risk is also performed on the recent EU standards on cyber security, including European Cybersecurity Certification Scheme (EUCS) – cloud, and additional US standards – The National Vulnerability Database (NVD) Common Vulnerability Scoring System (CVSS). The study includes a review of Blockchain endpoint security, and new technologies e.g., IoT. The research methodology applied is a review and case study analysing secondary data on cybersecurity. The research significance is the integration of knowledge from the United States (US), the European Union (EU), the United Kingdom (UK), and international standards and frameworks on cybersecurity that can be alighted to new Blockchain projects. The results show that cybersecurity standards are not designed in close cooperation between the two major western blocks - US and EU. In addition, while the US is still leading in this area, the security standards for cryptocurrencies, internet-of-things, and blockchain technologies have not evolved as fast as the technologies have. The key finding from this study is that although the crypto market has grown into a multi-trillion industry, the crypto market has also lost over 70% since its peak, causing significant financial loss for individuals and cooperation’s. Despite this significant impact to individuals and society, cybersecurity standards and financial governance regulations are still in their infancy.</p>
Purpose: The article discusses conceptually new approaches to resist using cryptocurrencies and electronic payment means in unfair practices. As a result, it was found that all of them are aimed at revealing suspicious transactions and deanonymized individuals involved in illegal activities. The conclusion is substantiated that information and analytical systems constitute promising special tools for effective control of cryptocurrency market and blockchain networks. The research theoretical basis comprises scientific publications of the experts specialized in the issues of involvement, blockchain technology, distributed registries and cryptocurrencies at the investigation of crimes as well as foreign software tools, applied in the field of blockchain networks security. Methods: In the research, the author relies on deduction, generalization, synthesis and system analysis methods. Results: Determination of the capabilities of foreign and domestic software special tools in the field of virtual wallet providers and exchange operators (such as “crypto-currency brokers’ board”, etc.). Practical significance: The mechanism of functioning of special software tools for deanonymization of transactions in order to resist the use of cryptocurrencies and payment electronic means in unfair practices is presented.
Актуальность темы исследования. Несформированность правового регулирования, угрозы вовлечения в финансовые пирамиды не вполне типичны для традиционных финансовых инструментов. В связи с этим, а также учитывая масштабы инвестиций в криптовалюту, актуализируется задача разработки мер по защите инвесторов, поскольку существующие на финансовом рынке институты и инструменты защиты не действуют на рынке криптовалют из-за регуляторной неопределенности. Постановка проблемы. Универсальным инструментом защиты инвесторов на рынке криптовалют является финансовая грамотность. Однако исследования эффективности программ повышения финансовой грамотности выявили в среднем малый эффект их воздействия на финансовое поведение. В связи с этим возникает вопрос о принципах и способах организации программ повышения финансовой грамотности в области криптовалют. Цель исследования. Статья посвящена анализу возможностей использова-ния программ по повышению финансовой грамотности населения в целях защиты инвесторов на рынке криптовалют. Результаты. Выделены и раскрыты риски инвесторов в операциях с криптовалютой: рыночные, регуляторные и риски мошенничества; изложены подходы, объясняющие участие населения в криптовалютных пирамидах; определены правовые условия для российских инвесторов, вкладывающих средства в криптовалюту; проведен обзор результатов исследований, посвященных влиянию программ повышения финансовой грамотности на финансовое поведение населения. Ключевые выводы. Разработаны предложения по организации повышения финансовой грамотности в области криптовалют. Такие программы должны быть сфокусированы только на тематике операций с криптовалютой, а к участию в них следует привлекать заинтересованных и мотивированных граждан, выбор которых может быть осуществлен на основе составления социально-демографического портрета инвестора, вкладывающего средства в криптовалюту. Relevance of the research topic: unformed legal regulation, threats of involvement in financial pyramids are not quite typical for traditional financial instruments. In this regard, and given the scale of investments in cryptocurrency, the task of developing measures to protect investors is actualized, because the existing financial market institutions and protection tools do not work in the market of cryptocurrencies because of the regulatory uncertainty. Statement of the problem: Financial literacy is a universal tool to protect investors in the cryptocurrency market. However, studies of the effectiveness of financial literacy programs have revealed on average a small effect of their impact on financial behavior. This raises the question of the principles and ways of organizing financial literacy programs in the field of cryptocurrencies. The aim of the study: to analyze the possibilities of using financial literacy programs to protect investors in the market of cryptocurrencies. Results: the risks of investors in transactions with cryptocurrency are highlighted and disclosed: market, regulatory and fraud risks; approaches explaining the participation of the population in cryptocurrency pyramids are outlined; legal conditions for investors in cryptocurrency in the Russian market are determined; the review of the results of research on the impact of financial literacy programs on the financial behavior of the population is conducted. Key conclusions: proposals for the organization of financial literacy in the field of cryptocurrencies were developed. Such programs should be focused only on the topic of cryptocurrency transactions, and interested and motivated citizens should be involved in them, the choice of which can be carried out on the basis of the socio-demographic portrait of a cryptocurrency investor.
The paper discusses the issues of legal regulation of decentralized financial services (DeFi). The purpose of the work is to form a systematic understanding of the direction and scope in which they can be regulated based on the DeFi technological features and the nature of the relationships that arise between digital platforms and their users. The methodological basis of the study is determined by the range of tasks and is focused on the analysis of decentralized finance simultaneously in technological, socio-cultural, political and legal aspects. Structural functional, taxonomic, constructive, situational, innovative, targeted and program-targeted methods form the complexity of the study. Taken together, they allowed us to study DeFi in their systemic unity and formulate the following conclusion. Decentralized finance is an independent model of finance organization both in terms of a set of technical characteristics (the use of distributed registry technology, smart contract protocols, oracles, etc.) and in terms of the nature of relations between the parties (horizontal P2P communications). The identified features allow us to consider them as a separate object of legal regulation. At the same time, it is important to take into account that the matrix of DeFi regulation at the national and international levels should be built in accordance with their taxonomy and assume simultaneous balanced consideration of technological features and product affiliation of services. The legal regulation of decentralized finance in the Russian Federation should primarily be focused on minimizing the risks associated with user identification, as well as determining the legal status of decentralized autonomous societies (DAOs), organizing centralized examination of protocols and preventing cyber attacks.
Technodeterminism determines the main task for civil law when solving issues related to blockchain technologies and smart contracts. This task is connected with the search for answers to the question of the need to amend civil legislation in order to adapt it to new technological challenges or about the possibility of effective application of existing legal norms to the regulation of innovative civil relations. In the doctrine, there is a hypertrophied attitude towards blockchain and smart contract technologies. The standing exists that due to smart contracts, trust in people is replaced by trust in the code. Eschatological predictions were made about the beginning of the end of classical contract law, about emergance of «contract law 2.0». The paper states that the digital code will not be able to replace reality in the field of contractual relations. The revolution in contract law has not happened. Instead of the «revolutionary path» highlighted by some authors, there is a gradual evolutionary development of ideas about a civil contract. The civilistic doctrine has responded to technological challenges by becoming rhizomorphic in its interdisciplinarity, trying to comprehend the legal phenomena associated with the digitalization of public relations. The «ideological core» of the civil doctrine, the «core» of the concept of the contract, remained untouchable. A legal smart contract has remained a speculative phenomenon from a parallel reality, a simulacrum. The Russian and foreign doctrines are dominated by the traditional interpretation of a civil contract, since the concept of a legal smart contract is not able to solve the problem of its incompleteness. From the perspective of futurological perspective, it can be assumed that the traditional approach to the contract will retain its significance, and the digital code will have only an auxiliary, servicing value for the contract.
The author discusses the features of the legal regulation of taxation of transactions of individuals with digital rights in the Russian Federation. As a result of the study, the author identified a gap in the legal regulation of taxation of digital rights in the Russian Federation, when determining the system of tax benefits for transactions with digital rights. Public relations arising in connection with the turnover of digital rights are regulated by the Civil Code of the Russian Federation, while neither legislation nor law enforcement practice has been defined, the specifics of taxation of income of individuals on transactions with digital rights. In this connection, it is necessary to highlight the features of the legal regulation of taxation of income of individuals on transactions with digital rights and determine whether these features are applicable to the legal regulation of taxation of income of individuals on transactions with digital rights in the Russian Federation. The problem is that in the legislation of the Russian Federation there is no legal regulation of taxation of income of individuals on transactions with digital rights. The goal go the research is to investigate the experience the foreign legislation and regulatory legal regulation of the Russian Federation and to identify the problems of legal regulation of taxation of income of individuals on transactions of individuals with digital rights. Scientific novelty of the research lies in fact that previously, no research has been conducted on the application of tax benefits in the legal regulation of taxation of personal income on transactions with digital rights.
Criminalistics and forensics need rapid development to keep up with the changes in the society that are caused by dramatic changes in information and telecommunication technologies. The paper addresses the issue of including a new subject related to the turnover of cryptocurrencies in criminalistic analysis. Investigative and court practice show that when crimes are committed cryptocurrency can be an object of the offense (e.g., in theft) or can be used by offenders in the mechanism of a crime (e.g., legitimization of proceeds of crime by cashing in). To successfully investigate such crimes, it is necessary to study the mechanism of formation in the cryptocurrency transactions used by criminals in order to provide scientific recommendations to law enforcers concerning detection, fixation, seizure and investigation of traces of a crime. The development of effective tools in criminalistics forms a priority task at the present stage. The authors associate the specifics of the investigation of crimes related to the cryptocurrency turnover with its electronic nature, which determines the criminalistic recommendations proposed in the paper. Urgent training courses for investigators seem to be a reasonable solution to the problem. They can train investigators specializing in the investigation of such crimes, and their training (retraining) should involve the best experts in the field of IT technologies and experts from foreign jurisdictions where law-upholders have already accumulated experience in countering such crimes.
Artificial Intelligence and blockchain technology now influence the intellectual property environment. For example, machine learning is now regularly used in trademark and patent searches in IP databases. Machine learning implementations in different IP areas, including patent tracking, copyright evaluation, and trademark comparisons, can now be seen more often. A vast range of LP notary implementations are proposed using blockchain technologies, and new networks emerge, using both AIs and blockchains to build new IP communities. The growth of such technology in LPP is mainly driven by the IT industries, particularly technology entrepreneurs. In the context of the non-registered IP rights such as copyright (which under the Berne Convention for the Protection of Literary and Artistic Works and in many jurisdictions is not registrable) and unregistered design rights, blockchain technology can play an important role, too, because it can prove its conception, use and qualification (for example the countries where the design was first marketed and originality). Uploading the author or creator’s work and design data into a blockchain would produce a time-stamped record and solid proof of originality.So, IPO has laid the groundwork for the technology’s fusion into the IP ecosystem. Several other possible uses include ledger management, the creation of a monitoring authority to track the use of IP properties in the market and commercialization for investors via a bidding system. It will provide innovators with a centralized, government-backed market to attract investors and technology titans.
The subject of the study is regulatory legal acts regulating the use of cryptocurrencies. The object of the study is a set of legal and regulatory rules that determine the mode of using cryptocurrencies in Russia and foreign countries. The purpose of the work is based on a comprehensive analysis of the scientific works of leading scientists and practitioners, Russian and foreign judicial practice, legal experience of other states to consider the theoretical and legal foundations of the nature of cryptocurrency and mining, to analyze their legal status in modern Russian civil and information law, to put forward proposals to solve existing problems in the field of regulation of cryptocurrency and mining, and making international transactions using crypto assets. As a result of the study, conclusions were drawn that the definition of digital currency given in the Federal Law "On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation" requires adjustments, and the definition of a separate concept of cryptocurrency due to the fact that from the position of Article 128 of the Civil Code of the Russian Federation, it must be recognized as other property, and its consolidation in the system of civil rights is carried out by other legislative and other regulatory legal acts. In this approach to the interpretation of the concept of cryptocurrency, the agreement on the transfer of cryptocurrency in exchange for receiving other property has the legal nature of a barter agreement.
The digital development in the Russian Federation is to a large extent reflected in the specific relationship that emerges in the procurement procedure for State and municipal institutions as a result of the contractual system in the area of procurement. The term «procurement» refers to the acquisition of goods, construction or services; it is the process of determining the need of a solvent audience, identifying the supplier (its search and choice), as well as concluding and executing the terms of the contract, whether delivery of the goods, Performance of the work or services required by the terms of the contract. The article provides a brief overview of the process of digitization of the contract system in the procurement section and details the features of the digitization of the public contract, identifies the specific nature of the contract in the context of digitization and identifies its shortcomings, opportunities for the use of smart contract technologies in the conclusion and execution of government contract were considered. Keywords: digital, contract, government contract, smart contract, blockchain, Smart contract, contract system, automation, EIS (also a single information system), electronic information platform, electronic document management system, electronic signature, EPC, electronic document, portal, procurement of goods and services, procurement.
This paper aims to study the impact of legal technology, smart contracts, and automated enforcement technology on the future civil law system. As technology continues to advance, the digital revolution is posing new challenges and opportunities to traditional civil law systems. The rise of smart contracts and automated enforcement technology will bring about revolutionary changes in contract law and liability law, thereby increasing the efficiency of legal services, reducing the risks of disputes, and providing a broader range of possibilities for the future legal system. This paper will analyze the potential of these new technologies and explore the legal, ethical, and security issues associated with them in order to provide profound insights into the development of future civil law.
The article discusses the features of the tax and legal regulation of cryptocurrencies in the Republic of India and the Russian Federation. A study of legal regulation and a study of the positions of legal scholars of the Republic of India, in terms of regulating the turnover of cryptocurrencies, as well as the experience of regulatory regulation of the turnover of cryptocurrencies in the Russian Federation. As a result of the study, the author identified a gap in the legal regulation of taxation of cryptocurrencies in the Russian Federation, in comparison with the legal regulation of the Republic of India. Public relations arising in connection with the turnover of cryptocurrencies are not regulated in any country of the world at the moment, including in terms of taxation of transactions using cryptocurrencies. In this connection, it is necessary to take into account the foreign experience of legal regulation of taxation of cryptocurrency turnover, including the Republic of India. The problem lies in the fact that amendments to the Tax Code of the Russian Federation have not been adopted at the moment, which would regulate the taxation of cryptocurrency turnover in the Russian Federation. To investigate the experience of legal regulation of taxation of cryptocurrencies of the Republic of India and to identify aspects that could be applied to form the legal regulation of taxation of turnover of cryptocurrencies in the Russian Federation. Previously, comparative legal research in this area has not been conducted.
The current research is devoted to the problem of the interpretation of the concept of consideration in Contract Law when applied to smart contracts executable on a blockchain. For these types of contracts, there exists a possibility where one of the key elements of a blockchain transaction, namely, gas payment, may, under certain conditions, qualify for the standard of valid consideration. Such a scenario may lead to a case where a gift from one contracting party to the other, executed via a smart contract on a blockchain, meets all the requirements for a contract - a situation that is impossible in Common Law jurisdictions since gifts are not recognised there as contracts precisely due to the 'lack of consideration'. The mentioned conundrum needs to be addressed. The current research describes this problem in detail, invites the audience to a debate and sets the directions for further discussions.
В статье анализируются конституционные нормы, выступающие основой текущей нормативно-правовой регламентации оборота криптовалюты в Российской Федерации, которая на современном этапе характеризуется довольно активным расширением массива источников права, регламентирующих общественные отношения, возникающие в данной сфере. Автором проанализированы действующие нормативно-правовые акты, находящиеся в настоящее время на рассмотрении в Государственной Думе РФ, проект Федерального закона «О цифровой валюте», а также судебные решения, которые в условиях отсутствия детального нормативно-правового регулирования выступают в качестве своеобразного судебного прецедента при исследовании специфики оборота криптовалюты в России.
The paper tackles the conflicts of laws on property rights over cryptocurrencies, starting from characterization issues. Building upon the distinctive nature of cryptocurrencies as “pure” de facto assets, that do not give a claim against an issuer, and the relevance of control over said assets as a suitable alternative to the traditional possession, the paper supports the characterization in terms of “assets”, over which property rights may, subject to the relevant lex causae, be constituted and enjoyed. By examining the available options for a conflict-of-law regime and considering the first legislative efforts conducted in this area of law both at the supranational and national level, the elective situs approach is identified as the most appropriate, possibly backed by some regulatory requirement, whilst different approaches are envisaged for the fall-back rule applicable to cryptocurrencies originated in, respectively, permissioned and permissionless DLT systems.
The article provides information on the state of the issue in the field of standardization of development and application of distributed ledger technology and blockchain. The current state in the development of normative documents, including documents on standardization, is analyzed. The international experience in the development of documents on standardization is reflected on the example of the International Organization for Standardization and the International Telecommunication Union, as well as the experience of developing documents in the national standardization system on the example of technical committees for standardization. Possible scenarios for the use of distributed registry technology and blockchain in the national standardization system are considered, taking into account international experience and trends in the development, development and use of national standards in digital formats, as well as promising interaction with other information technologies that are already standardized at the international and national levels.