La figura del smart contract fue concebida a finales del siglo pasado, sin embargo, ha ido pasando desapercibida todos estos años hasta el desarrollo de la tecnología de la cadena de bloques (o blockchain) y, en especial, hasta el “boom” de las criptomonedas de finales de 2017. El desarrollo de aplicaciones de esta tecnología está incrementando y resulta necesario realizar un análisis de las consecuencias jurídicas que tiene su uso. De este modo, mediante este trabajo se trata de abordar su concepto, su naturaleza jurídica y se pretende analizar algunos de los posibles problemas jurídicos derivados de su uso para así poder dar con algunas soluciones que hagan viable su estandarización en el Derecho contractual.
This article is devoted to the analysis of the legal framework for the digitization of public procurement, doctrinal approaches to the use of smart contracts in procurement. It studies the process and technologies of formation and development of smart contracts, blockchain, contracting in ethereum, the mechanisms of using smart contracts in public procurement. It also explores aspects that need to be addressed in improving the procurement system through smart contracts and develops recommendations.
Possible scenarios for using blockchain technology in the field of education are considered. Methods and technologies of tokenization of assets, related to the educational process, are investigated. It is concluded, that the blockchain technology is decentralized and transparent with a high degree of reliability, which ensures the equality of all users of the chain's services. The transparency of the technology guarantees the participants in the process against abuse and forgery of documents. The study of the features of smart contracts made it possible to form the advantages of smart contracts in the field of education. This is, first of all, the conclusion of agreements without the participation of third parties, as well as the security and confidentiality of agreements. This ensures that the terms and subject of the agreement are kept secret, and that no one else can amend the agreement. At the same time, storing the contract in encrypted form ensures its confidentiality. A decrease in the cost of operations was noted. Tokenization of educational assets is considered on the example of preparing and defending a thesis with the subsequent registration of a diploma. The processes of passing the thesis in the context of using blockchain technology and issuing smart contracts are considered in detail. The advantages of using blockchain technology and smart contracts are illustrated with specific examples. A study of the means and mechanisms for ensuring the confirmation of the authenticity of educational documents, the confidentiality of students' personal cards, and student identification has been carried out. To create a decentralized distributed ledger for tokenization of educational assets, it is proposed to use blockchain technology and smart contracts based on the Ethereum platform
The purpose of the present article is to gain an understanding of the opportunities and difficulties created by the introduction and development of the practice of network (smart) contracts. Our research methodology is based on a holistic set of principles and methods of scholarly analysis employed by modern legal science. It uses a dialectical method involving both general approaches (structural system method, formal logical method, analysis and synthesis of individual elements, individual features of concepts, abstraction, generalization, etc.) and particular methods (legal technical, systematic, comparative, historical, and grammatical methods, method of the unity of theory and practice, etc.). We analyze the views of lawyers and other specialists from Russia and abroad, legislative innovations in the field of digital technologies, the practice of blockchain-based smart contracts, and the main risks (whether legal, technological, operational, or criminogenic) of smart contracts for economic activities with a study of their causes. In the present-day situation, it is necessary to move from the legal definition of the smart contract and its legal and technological characteristics, advantages and disadvantages to the implementation of startups in a wide range of areas, especially business, public regulation, and social relations. Scholarly and information support for such processes will contribute to the development of industry, public administration and digital technology applications to improve the life of individual citizens and society as a whole. The introduction of smart contracts does not require the adoption of new laws or regulations. Instead, one should adapt and, possibly, modify existing legal principles at the legislative and judicial levels to pave the way for the use of smart contracts and other new technologies. The system of contract law provides a sufficient framework for regulating transactions without the introduction of any new legal categories. We propose approaches to the legal definition of the smart contract and identify a set of problems that must be solved at the legislative and technical legal levels in order to implement smart contracts effectively in different spheres of life.
Käesolev väitekiri käsitleb hajusraamatutehnoloogia (HT) kohtlemist Eesti ja EL õiguse alusel konkreetsete kasutusjuhtude näitel. HT on “mitmeotstarbeline tehnoloogia”, millel on rida erinevaid kasutusvõimalusi, sh. selle kõige tuntumad näited nagu plokiahelatehnoloogia ning bitimünt. Kuivõrd olemasolev õigusraamistik on loodud tsentraliseeritud infrastruktuuride ning mitte hajutatud andmestruktuuride jaoks nagu seda on HT, siis tihtipeale takistab olemasolev õigusraamistik HT kasutamist selles sisalduvate nii otseste kui ka kaudsete kallutatud nõuete tõttu. Nimetatud dissonants on sarnane analoogmaailma jaoks loodud õigusnormide takistava mõjuga digitaalsete lahenduste kasutuselevõtmisel. Seega ei ole väitekirjas käsitletavad takistused vaid HT-le omased vaid seotud iga uue tehnoloogia kasutuselevõtuga. Toodud probleemi uuritakseväitekirjas kolme konkreetse HT kasutusjuhu pinnal: (i) bitimündi vahetusteenuse osutamine; (ii) HT-põhise osanike nimekirja pidamine ; (iii) HT-põhise hübriid-targa lepingu ning elektroonilise allkirja kasutamine. Uurimise mõõdupuuna kasutatakse tehnoloogia neutraalsuse põhimõtet ning funktsionaalse samaväärsuse alampõhimõtet, et tuvastada kallutatud nõudeid ning piirata riigivõimu voli eelistada konkreetseid tehnoloogiaid samas teisi tehnoloogiaid diskrimineerides. HT kasutusjuhtude pinnal saab järeldada, et olemasolev õigsraamistik ei ole tehnoloogia-neutraalne ning eelistab tsentraliseeritud lahendusi ning ei taga HT-põhistele funktsionaalselt samaväärsetele lahendustele samaväärset kohtlemist. Arvestades toodud järeldusi uuritakse väitekirjas ka kallutatud nõuete põhjuseid ning strateegiaid kuidas jätkusuutlikult lahendada kallutatusest tekkinud takistused HT kasutusele. Väitekirja teema on oluline arvestades ka 2020. aasta lõpus avaldatud EL-i digitaalse finantspaketi määruste eesmärki, milleks on toetada HT kasutuselevõttu EL-is.
For several years, almost everyone has been talking about blockchain. The underlying distributed ledger technology has become (in)famous as the technology behind cryptocurrencies such as Bitcoin and Ether. But what about blockchain and intellectual property like patents and copyright? Could this technology be used for the protection and enforcement of such rights? Which role can smart contracts play in this regard? This article focuses on questions concerning the requirements for provingthe protection of technical inventions as well as on the administration and exploitation of intellectual property rights. The latter could play an important rolefor intellectual property, which has not been registered or is not subject to registration, such as copyright. For trade secrets, a blockchain could be a useful tool for providing appropriate confidentiality measures. Last but not least, smart contracts in particular could be involved in connection with the transfer and, even more importantly, the licensing of intellectual property and mainly of software.
The creation of platforms for the administration of justice in the context of the COVID-19 pandemic is accelerating and requires urgent solutions to emerging problems.The process of legalization of e-Justice is launched in Russia and is now on the way of expanding to ensure a wider use of various means of communication in trials and introduce digital platforms that use distributed ledger technology and artificial intelligence.The article analyzes the characteristics of online hearings as an element of e-justice, identifies advantages and problematic aspects of their use.The authors study the differences between the new format of online litigation and the ordinary way of participating in remote litigation: videoconferencing that is quite established in legal practice.The study examines issues of legal policy on the new way of trial participation, considers the restrictive measures relating to the spread of COVID-19 in the Russian Federation.The article analyzes the risks associated with the administration of justice online regarding the necessity of respecting the principles of the judicial process, such as the accessibility of justice, adversary principle, the secrecy of the judges' hearing, the guarantee of confidentiality of personal information.The authors propose a series of organizational, technical and procedural measures purposed to ensure effective use of online participation.A conclusion that it is necessary to develop special approaches and long-term targeted preventive measures is drawn on the basis of foreign experience of the functioning of judicial authorities during a pandemic.
The use of digital technology is increasing in all spheres of society. And the right is no exception. Many technologies are designed to simplify work, save time and serve the goals of globalization of relations, as well as their decentralization. Smart contracts are one way to achieve this goal. The article discusses the possibility of applying smart contracts in the workplace, where the personal nature of relationships is one of the features that directly affect the prospects for the use of smart contracts in the area in question.
The article reviews the essence of blockchain – the technology of new generation, raised from the computer and internet development. The article also analyses several aspects in legal regulation of one of the most famous cryptocurrencies: Ethereum by using the blockchain technology. Except for that, the article describes steps of computer and internet development and the involvement of blockchain in these steps, as a revolutionary invention. The article analyses the essence of blockchain technology, the steps of its development and also, coming from its high confidentiality, the possibilities of its legal regulation by the states. In this regard, several countries are represented as an example (Great Britain, Vietnam, Canada). Except for blockchain, the article reviews essence and specification of Ethereum, as the cryptocurrency, as well as smart contract, analyses the area of smart contract development and the indispensability of its legal regulation, because they have an ability to detach simple consumer agreements in one of the directions of digital economy – electronic commerce, in the nearest future. In addition to this, the binary nature Ethereum is also analyzed, in particular it can be a method of payment, as well as have a form of a legally binding deal – contract with the high self-fulfillment mechanism and securing parties confidentiality standards.
The article discusses such new financial instrument as cryptocurrency. The authors present the characteristic features of cryptocurrency, advantages and risks of its use. The analysis is aimed at studying cryptocurrency as a legal phenomenon. The article attempts to determine the legal nature of cryptocurrency in accordance with modern foreign and Russian regulations. The authors consider the question of whether cryptocurrency can be the subject of crimes. The result of the analysis is the conclusion about the multidimensionality of the phenomenon and the need for detailed legislative regulation.
Introduction: the digitalization of public relations and the emergence of smart contracts have created the need to study what a smart contract is and whether it is subject to the general principles of the law of obligations. Methods: the methodological framework for the research is a set of methods of scientific knowledge, among which the main ones are the methods of historicism, consistency, and analysis. Results: the possibility of extending the principles of the law of obligations to the relations of the parties when they conclude a smart contract is analyzed. Conclusions: the conclusion is made about the extension of the principles of the law of obligations to smart contracts with the features due to the nature of smart contracts.
<ns2:p>The modern period of development of society and the state is characterized by digitalization of all spheres of social life. One of the tools used in the process of digitization of law is a smart contract, which is considered as a program code intended for functioning in an information system and used as a form of fixing a set of obligations between the parties, as well as a method for automated fulfillment of these obligations. The purpose of the study is a comparative law analysis of the practice of legislating the concept of «smart contract» in legal acts of different states and the justification for considering the use of smart contract as a legal technology. The methods: the author uses general scientific methods (system, historical, formal-logical), specific scientific methods (mathematical, linguistic) and special-legal methods (comparative law, legal forecasting, interpretation of law). The results: the study concludes that the use of a smart contract could be considered as a special type of law enforcement technology representing an activity aimed at implementing the subjective rights and legal obligations of legal entities, carried out using self-executing program code that exists in the digital environment, which allows, first, to record and transmit certain legal information (in this case, a smart contract is considered as a type of written contract form), as well as to automate the fulfillment of obligations when certain conditions are met (in this case, a smart contract is understood as an automated technical method for fulfilling obligations).</ns2:p>
Evidence management is crucial in the field of forensic science. Evidences obtained from a crime scene are important in solving the case and delivering justice to the parties involved. Hence, protecting these evidences from any form of alteration is of utmost important. Chain of Custody is the process which maintains the integrity of evidence. Inability to maintain the chain of custody will make the evidence inadmissible in court, eventually leading to the case dismissal. Digitalization of forensic evidence management system is a need of time as it is an environment friendly model. Blockchains are digitally distributed ledgers of transactions signed cryptographically in chronological order that are sorted into blocks and is completely open to anyone in the blockchain network. Hyperledger Fabric is a consortium blockchain framework created by the Linux foundation and is mainly used for enterprise use. Based on the concept of Hyperledger Fabric, present study aimed to create a framework and further propose an algorithm to implement Blockchain Technology to digitalize forensic evidence management system and maintain Chain of Custody.
La irrupción de los smart contracts o contratos inteligentes basados en la cadena de bloques plantea importantes desafíos para el Derecho contractual y el Derecho internacional privado. Estos contratos tienen, además, la capacidad de operar, en gran medida, al margen del ordenamiento jurídico y, con ello, de poner en jaque al tradicional monopolio legislativo del Estado. Algunos ya vaticinan que los algoritmos terminarán por desplazar a la Ley y a jueces y tribunales, una vez se consolide lo que se denomina la Lex Cryptographia. Ante esta situación, el presente trabajo aborda tres cuestiones principales: Primero, analiza la ley aplicable a los smart contracts bajo el régimen del Reglamento Roma I. Segundo, estudia el fenómeno de la Lex Cryptographia y su interacción con el ordenamiento jurídico estatal. Finalmente, examina el papel del Derecho internacional privado para garantizar la seguridad jurídica en la contratación inteligente, así como el adecuado equilibrio entre regulación e innovación tecnológica.
Babak Mafakheri, Andreas Heider-Aviet, Roberto Riggio, Leonardo Goratti
The rollout of fifth generation (5G) cellular network technology has generated a new surge of interest in the potential of blockchain to automate various use cases involving cellular networks. 5G is indeed expected to offer new market opportunities for small and large enterprises alike. In this article, we introduce a new roaming network architecture for 5G based on a permissioned blockchain platform with smart contracts. The proposed solution improves the visibility for mobile network operators of their subscribers' activities in the visited network, as well as enabling quick payment reconciliation and reducing fraudulent transactions. The article further reports on the methodology and architecture of the proposed blockchain-based roaming solution using the Hyperledger platform.
The article examines the concepts, legal nature of smart contracts, as well as the advantages and disadvantages of smart contracts as a basis for ownership. The technical and legal aspect of the concept of smart contract is considered. Models of using smart contracts are described. Approaches to determining the legal nature of smart contracts are presented. It is concluded that two models must be considered when using smart contracts. The first model is external, when the program code does not replace the agreement, but only automates its execution. The second model is internal, when the code completely or partially replaces the terms of the agreement. Among the advantages of smart contracts as grounds for the emergence of property rights can be identified, first of all, the inability to change the terms of the contract and interference in its work. However, at the same time, this feature is a disadvantage of the smart contract, as it does not allow to take into account the objective circumstances that may affect the implementation of the agreement. The problem of oracles when using smart contracts is also considered. It is noted that the use of oracles actually means the involvement of a third party in the transaction with all the risks that arise from it. The problem of involving notaries and state registrars in transactions on acquisition of property rights on the basis of a smart contract is analyzed. The problems of lack of legal regulation of smart contracts, in particular, related to its transnational nature, is investigated. The problem of protection of the rights of the parties to the smart contract is analyzed, in particular, related to technical errors and outside interference. Temporary solutions regarding the use of smart contracts and general recommendations on the legislative definition of smart contracts are proposed.
The main carrier of the cryptocurrency system is blockchain. The paper will explain the differences between tokens and coins, the role of miners in the cryptocurrency system, forks, how a consensus mechanism is achieved. The protocols in use will also be discussed. Due to technical similarities, a blockchain was compared with Bitcoin, which provides an excellent reference point. The paper also presents the practical application of blockchain in the form of smart contracts. The paper will propose the stages of development of own cryptocurrency, from the very beginning, where the purpose of existence is defined, through the selection of technical solutions, until the finalization where marketing and commercial aspects play a crucial role for success, with guidelines for legal aspects.
Розглядається процес безпечного укладання договорів соціального страхування від нещасних випадків на виробництві та професійних захворювань, який полягає у надійному укладанні і веденні договорів за допомогою технології смарт-контрактів.
The article defines the theoretical and legal content of the category of "reasonable contracts", outlines the concepts and basic forms of implementation of contractual obligations without enforcement. Based on the modern global paradigm of legal development, smart contracts are defined as contracts that are technologically secured in such a way that allows the parties to guarantee bilateral performance of contractual obligations without recourse to enforcement means, including judicial protection of violated right. It is noted that such a definition requires inclusion in the current civil and economic legislation, taking into account the actual existence in public relations of such contracts in the form of vending machines and other technically possible practical forms and models, as well as taking into account the real possibility of reducing the hypothetical costs of the parties to the contract for judicial consideration of the case. It is determined that in the context of modern social processes, self-help is not a fundamentally new phenomenon, since people regularly act independently before referring to the official legal system. So, over the past few years, a group of innovators have begun to develop computer technologies that have led to the emergence of a fundamentally new area of legal regulation in contract law, such as so-called "reasonable contracts" or smart contracts. From a teleological point of view, their purpose is to allow the parties to such a contract to ensure that they have reached an agreement to increase the cost of any violation by an appropriate amount. Smart contracts are defined as agreements in which conditions are executed automatically, usually using computers. Such contracts are intended to ensure execution without going to court. Automation ensures productivity by eliminating the human factor from contract execution. One example of a smart contract is a vending machine. If the machine is working properly and money is inserted into the machine, this will automatically execute the purchase and sale agreement. It is noted that such a contract does not create any legal problems if the machine will issue soda or coffee, but legal issues arise if the machine can issue, for example, narcotic drugs. So, there is a problematic question of the legality and expediency of legislative prohibition of such automatic means due to the theoretical possibility of their use for illegal purposes, or, conversely, their legalization and normalization by the requirements of current civil legislation.