The object of this research is the international standards AML/CFT (Anti-Money Laundering/Combating the Financing of Terrorism) for the sphere of virtual assets (cryptocurrencies) developed by FATF (Financial Action Task Force), and possibilities of their effective implementation into the national legislation. The author examines new revision of the Recommendation 15 and Glossary (of October 2018), explanatory note to new revision of the Recommendation 15, and implementation guidance of the risk-oriented approach towards virtual assets and service providers in the sphere of virtual assets (of June 2019); considers provisions of the Federal Law of July 31, 2020 No.259-FZ “On Digital Financial Assets, Digital Currency, and Amendments to Certain Legislative Acts of the Russian Federation” becoming effective in January 2021. Based on the analysis of most recent international and Russian acts on the questions of legal regulation of cryptocurrencies turnover, the need is underlined for introducing amendments to the Russian legislation with regards to exercising financial monitoring of transactions with cryptocurrencies in Russia. The author indicates certain fundamental aspects related to collection and validation of personally identifying information on the holders of cryptocurrency and tracing of their transactions.
Marina Afanasievna Lapina, Ekaterina Alexandrovna Pogrebinskaya, В. Н. Назаров, Petr Katys
The article is devoted to studying the current state of legal regulation of cryptocurrency circulation. Cryptocurrency has appeared relatively recently and immediately gained popularity among a certain part of users of modern financial services, as well as a misunderstanding or even complete rejection by others. In different states, the attitude to cryptocurrency also varies. Some countries, while allowing for the circulation of cryptocurrency, are developing its legal regulation, others have failed to find a better solution than to impose restrictions or even a complete ban.
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Security, Politics, and Digital Transformation
Digital Transformation in Law
Digitalization and Economic Development in Agriculture
The article gives a brief analysis of the place of a cryptocurrency in the system of objects of civil law rights. According to the results of the study, the authors conclude that it is incorrect to equate legal regimes of the cryptocurrency with the legal regime of virtual objects. The authors consider it promising to regulate legal features of the distributed ledger and register objects of civil law rights in the distributed ledger. A cryptocurrency is a means of payment that has no independent value. Thus, the mechanism of performance of obligations needs special elaboration. It is also noted that in the legal regulation of any social relations an essential role is assigned to the mechanisms and guarantees of restoration of violated rights and legitimate interests. To this end, the cryptocurrency regulation is inextricably linked with the institution of civil liability. The cryptocurrency combines the features of many civil law rights, but does not fully correspond to any of them. The assignment of the cryptocurrency to other property is possible within the framework of the current legislation without creating new objects of civil law rights, which can lead to conflicts and disputes concerning their legal regime.
Anatolii Georgievich Korchagin, Andrei Aleksandrovich Yakovenko
  This article explores the phenomenon of cryptocurrency and technology it is based upon. The authors describe the mechanism of its functionality along with the occurred problems of legal nature, which being interrelated make the phenomenon in question appealing within the criminal environment. Global digitalization sets new requirements, namely the combinations of legal and technical regulators meant to achieving adequate legal regulation in the digital era. The subject of this research is the Russian and foreign legal doctrine that reveals the essence of the indicated technology and mechanisms for protecting social relations in the context of utilization of this technology. The research methodology consists of the following methods: statistical, dogmatic, comparative-legal, synergetic, logical, functional, and systemic. The scientific novelty is substantiated by the need for convergence of the legal and information systems and demonstration of such convergence during the period of rapid digitalization in all social spheres. The authors draw a conclusion that the problem carries a comprehensive character, and the longer it takes to resolve the issues of legal regulation, the higher are the risks of using cryptocurrency.  
One of the major directions in IT development is the emergence of Blockchain technology, which is rooted in the concept of distributive ledger technology (DLT). Blockchain is based on the use of a cryptographically protected chain of transaction blocks containing information. Blockchain technology becomes relevant in economic exchange as it lowers costs and adds efficiency to transactions` implementation. The key quality of blockchain is that it ensures the authenticity of digital data; trust in the traditional legal relationship has been replaced by digital verification of data in blocks. Verification of digital data by tracing transaction blocks is identical to a hard copy ledger: blocks function as bookkeeping inputs of a digital manager. The blocks are functionally equal to sheets of paper, used by all participants to enter their transaction and sign it. In doing so, they grant authorization to all previous paper transactions. The foregoing process continues as long as there is space on paper available. When the sheet is filled, it is secured with a stamp and new transactions are recorded on a new sheet of paper which, once filled, is linked to the previous paper (secured with the signature and a stamp on the margin between the first and second paper). A functionally identical activity occurs in the framework of blockchain technology. As the important phenomenon, blockchain raises legal issues that have to be addressed in the process of its implementation. Currently, the legal regulation of blockchain is at the stage of developing customs, which are likely to be translated into standards relevant to this technology. Standards are a discretionary regulatory framework in the form of private law regulation; in essence, it is a software-driven expression of traditional contracts, translated into programming languages. The relevant doctrine labels this process as "legal engineering". An example of this development is the legal regime of "Smart Contracts". These contracts constitute the next stage in the development of blockchain deployment; they are based on a cryptographic process enabling the execution of contracts once the preconditions contained in the program code are satisfied. The emerging legal regulation of blockchain will not rule out the existing legal norms; rather, they will operate simultaneously and complementarily.
The article is devoted to the analysis of the legal nature of the cryptocurrency as an object of financial and legal regulation from the point of view of Russian legislation. It includes the analysis of the qualification of the cryptocurrency described as money, electronic money, foreign currency, other property, as well as the possibility of assigning crypto-loans to obligations rights. The conclusion is made about the possibility of treating cryptocurrency as private money on a par with national currencies.
The article describes the current topic of cryptocurrencies, in particular Bitcoin Cash. We will discuss the history of the emergence of this cryptocurrency, its advantages, the specifics of mining, its differences from ordinary bitcoin. We will also touch upon the options for storing currency.
The aim of the paper is an evaluation of the doctrinal foundations of the derivatives and cryptocurrencies as well as their empirical implementation results. The neoliberal policy is based on two elements: a libertarian idea of the minimal state and monetarism of Milton Friedman.
The object of the present work is to provide a legal analysis of the formation of legally binding agreements through blockchain-based smart contracts. Smart contracts are computer codes that are capable of running automatically upon the occurrence of specific conditions and according to pre-specified functions. These codes can be stored and processed on a blockchain and any change is recorded in the blockchain. The expression “smart legal contract” refers to the use of smart contracts in the contractual domain to perform already existing contracts or to express legally binding agreements in the form of lines of computer code. Regarding the latter, researchers question whether blockchain-based smart contracts can be considered legally binding contracts. The study aims at putting in correlation contract requirements with blockchain- \nbased smart contracts. The scope of the analysis is to verify how to interpret the rules on contract formation to make blockchain-based smart contracts fit into contract law.
This article deals with cryptocurrencies and its impact nowadays on the AML field at a European Union level. The article will be divided into an introduction, four chapters and a conclusion; it will define elementary information and defitions, will identify ways of practical use of cryptocurrencies, will introduce risks connected with the use of cryptocurrencies and will introduce legal regulation of cryptocurrencies by the V. AML Direction. In the conclusion the quality of communitary regulation will be evaluated and a few de lege ferenda tips will be devised to improve regulation for the future.
The article addresses the prospects of using distributed ledger technologies – blockchain and artificial intelligence – for the purpose of systematizing the rights to the results of intellectual activity for their subsequent commercialization. The authors describe the key characteristics of the distributed ledger technology and review various legal problems pertaining to the use of blockchain technologies. The authors draw conclusions regarding the prospects of using blockchain and artificial intelligence technologies as measures for rapid prevention and elimination of intellectual rights violations. They also express their views on the process of commercializing intellectual property and reducing the number of conflicts related to the inclusion of intellectual property objects into distributed ledger systems. The article was prepared with the financial support of the Ministry of Higher Education and Science of the Russian Federation within the framework of the research “Scientific and methodological support for the development of theoretical and applied legal structures (models) of accounting and disposal of rights to the results of intellectual activity (technology transfer)
Vladimir P. Kamyshansky, Garmshev, M. A., Anna S. Shekhovtsova, Екатерина Анатольевна Новикова · 5 authors
The authors examined the concept and signs of a smart contract through a comparative legal analysis of the legislation of Russia, Belarus, the EU and the USA. The key characteristics of a smart contract as a contract, its types, ways of development and improvement are highlighted and substantiated, the examples of smart contracts from the practice of these countries are given, problematic aspects of legal regulation in this sphere are identified
Elena Voskresenskaya, Lybov Vorona-Slivinskaya, Lybov Achba
The study on issues of digital economy proved the current existence of the new “digital” economic reality. The traditional legal apparatus used for the statutory regulation of this new economic reality showed itself not only inefficient, but also significantly restraining the actively developing economic processes. In this regard, a plenty of practical and legal collisions occur related to the problems of identification of persons involved in civil-law transactions, property relations regarding digital economic turnover (for instance, relations concerning property rights in the field of distributed ledgers), registration of property rights and deals, regulation of banking line processes, formation of special protection models for relationships based on the use of digital technologies including issues of cybernetic and data security. The development of digital economy will inevitably influence legal principles and demand reconsidering some of doctrinal approaches to traditional legal models of regulating different types of economic activities. In this case, socially just changes in the legal regulation of economic activities should be primarily aimed at removing legal barriers that impede the development of digital economy, as well as at synchronizing legal rules with the technological features of economy’s functioning.
Blockchain technology becomes relevant in economic exchange as it lowers costs and contributes to cost-efficiency and effectiveness of economic transactions. The key quality of Blockchain lies in ensuring the authenticity of digital data: trust in the traditional legal relationship has been replaced by digital verification of data in blocks. As an important phenomenon, Blockchain calls for legal answers on the issues arising from its application. An example of this development is the legal regime of smart contracts. A smart contract is a transaction in which any rights and obligations of the contracting parties are programmed in a code. Being the result of Blockchain technology application, such a contract implies the need for trust between the contracting parties. As a legal phenomenon, Blockchain (smart contract) technology raises the issue of liability for performing contractual obligations. Smart contracts can minimize certain contract risks and additionally simplify contract execution. They are immediately put into effect, without the need for any further interaction between the parties. The essential components of smart contracts are the digitally verifiable data and the automatic performance of legally relevant actions based on digitally received and processed information. All of the enlisted issues are important for proper understanding of liability of Blockchain actors.
The paper examines cryptocurrency in the crypto-finance ecosystem and identifies areas in which regulatory intervention is required. Part I focuses on the system and processes of cryptocurrency and identifies the features of this ‘decentralised’ system and the legal and regulatory implications. Part II discusses the perceived benefits and the rise of cryptocurrency to determine whether those benefits fit with regulatory objectives and contribute to the rise of cryptocurrency. Part III discusses the fall of cryptocurrency and some associated factors, particularly a lack of governance. Part IV discusses the need for regulation and governance. Cryptocurrency, blockchain, DLT, tokenization, cryptoasset, exchanges, investor protection