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.
The active development of cryptocurrencies around the world began about 10 years ago, but despite the rather long period of time, the world has not yet developed a unified approach to understanding the essence of cryptocurrencies and the general rules for their legal regulation. This article examines the essence of cryptocurrencies from the standpoint of a general theoretical approach, and also analyzes the positions of international organizations regarding the definition of the essence of cryptocurrencies. The creation of a common approach to determining the essence of cryptocurrencies at the global level will make it possible to choose a single most optimal approach to the issue of their further legal regulation by countries at the national level. The analysis allowed to conclude that the concept of cryptocurrencies can be considered in several different aspects, each of which has its own specifics, but at the same time reflects the essential features of cryptocurrencies. Many international organizations classify cryptocurrencies as virtual/digital currencies, noting, at the same time, the significant risks of their use and the need to create a coordinated and systematic regulation of the sphere of cryptocurrency turnover to reduce the ways and possibilities of their illegal use.
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 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.
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.
Maria A. Egorova, V. V. Grib, L. G. Efimova, О. В. Кожевина · 6 authors
The article deals with the national practicies of direct and indirect taxation of income from cryptoassets in some countries of the world, including Russia, France, Italy, USA, Great Britain, etc. The authors study various approaches to the concept of cryptocurrency for the purposes of fiscal management: macroeconomic, cost, accounting, legal and institutional approaches. According to the authors position cryptocurrencies for tax reasons should be treated as a property and means of payment. Therefore, any income in cryptocurrencies received by taxpayers should be subject to personal income tax or corporate income tax, respectively. The recognition of cryptocurrencies as a means of payment (that is, private money) leads to the need to exempt taxpayers from paying value added tax in cases where cryptocurrencies perform these monetary functions in transactions performed by taxpayers, in particular, they perform the function of a means of payment. Payment of taxes on income of taxpayers received in cryptocurrencies can be carried out both in cryptocurrencies and in national (fiat) currencies. It is permissible to establish a tax declaration of transactions for cryptocurrency. The foundations of the legal regime of taxation of digital currencies in the Russian Federation have been formed. The problems of introducing effective taxation of cryptocurrency transactions in the Russian Federation are identified, as well as changes to tax legislation are proposed, in particular, clarification of the range of objects that can be classified as “digital currency”, synchronization with the law on digital financial assets, determining the tax base and implementing tax control of transactions with cryptocurrency. As the study showed, the approaches to indirect taxation are the most unified. Tax regulation is a potential incentive to reduce the speculative interest of participants in transactions with cryptocurrencies and increase the transparency of taxation of cryptocurrencies.
The methods of eliminating vulnerabilities of zero-knowledge succinct non-interactive arguments of knowlede are considered. The methods are based on the security of public parameters formation in the form of common reference strings using a trusted third party and multilateral interaction. The multilateral formation of the common reference strings uses the only honest party with a fixed and unlimited set of participants, as well as verification of the reliability of the results. Examples of increasing the level of security of zero-knowledge succinct non-interactive arguments of knowledge based on the correction of proof verification equations and the values of the common reference strings, eliminating redundant elements from the common reference strings and the keys of proof formation are given. The protocols that develop the construction of the common reference strings from static to updatable and universal versions are mentioned.
New financial tools, like as cryptocurrencies, NFTs (Non-Fungible Tokens), and metaverse, have emerged in the 5.0 era of investing.Investors from around the world, including those from Indonesia, have started to show interest in this new investment product.There are legal issues that surface behind the hope for investment success in the 5.0 age.NFTs and the metaverse are not covered by Indonesian laws and regulations, which solely govern bitcoin market activities as commodity assets.One of the problems that occurs is the existence of different thoughts or concepts betweentr the government and the public in interpreting the essence of the three digital assets.In order to give actors engaged in investing in digital assets legal certainty, this study aims to examine and evaluate the effectiveness of the application of laws and regulations.It also aims to serve as a guide for legislators as to the substance of laws and regulations pertaining to investing in digital assets.In order to support this research, this study employs a qualitative research design with a juridical-normative approach.Finding a concept for legislation that can control digital asset investment activities in line with the stated goals of developing the law is the outcome of this research.Find the issue with the efficiency of current regulations next.
Implementation of regional problems of socio-economic development of territories depends on the efficiency of local authorities. An important factor in the implementation of these programs is the sufficiency of their own financial resources at their disposal. This problem had to be overcome by the reform of budget decentralization, according to which each local authority should provide a decent level of primary and basic public services for the population. Russian military aggression added even more problems to local communities: causing mass migration and stopping business, the need to solve humanitarian, communal, migration problems, and rebuild destroyed housing. In 2015–2022, the structure of local budget revenues changed: the share of transfers in revenues and the share of subventions in the total amount of transfers decreased. This was influenced by the following factors: changes in the payment of a single tax, personal income tax deductions to local budgets, cancellation of medical and some social subsidies, cancellation of transfer of reverse subsidy. Factors that influenced the structure of the revenue base of local budgets also affected their spending part. The change in the composition of interbudgetary transfers is directly related to the reduction of spending powers of local authorities and the change in the mechanism of financing budget programs in the field of education, health care, social protection and social security. However, the decrease in the share of local budget expenditures on the social sphere occurred at a slower pace than the decrease in the amount of subventions to local budgets for these purposes. This indicates the growing role of local budgets in financing programs of local importance and is a positive result of the budget decentralization reform. The full-scale war of 2022 showed how financially stable local authorities are and whether they are able to withstand any changes in the financing of their powers with dignity. After all, the local government, in addition to continuing to provide public services at a high level, has taken on additional responsibilities: ensuring territorial defense activities, assisting the Armed Forces, supporting relocated businesses, assisting internally displaced persons, preparing shelters, etc. Of course, such opportunities were influenced by the reform of budget decentralization, which enabled local authorities to obtain their own sources of financial resources, which played a key role in facing challenges.
This scientific article discusses the issues of legal status of such terms as blockchain, blockchain technologies, as well as crypto assets, stable coins and tokens. The article reveals the issues of legal regulation of relations arising in course of cryptocurrency transactions and the use of blockchain technologies, which also include the activity of crypto exchanges, the use of smart contracts and the processes of buying and selling tokens. The author provides examples of countries where crypto assets are legalized, and conducts a comparative analysis of the legislation of the Republic of Uzbekistan, the Federal Republic of Germany and the Czech Republic regarding the mechanisms for carrying out cryptocurrency transactions and the use of blockchain technologies. When studying the legislation of Uzbekistan, attention is paid to the latest ongoing reforms in the field of digitalization and the development of the electronic economy and government in our country. When analyzing the legislation of countries such as Germany and the Czech Republic, relevant situations and examples of court decisions are given in order to determine the effectiveness of law enforcement in the field of blockchain technologies and cryptocurrency and identify existing problems in this area. At the end of the article, the relevant conclusions of the author and proposals for improving the legislation of the Republic of Uzbekistan are given.
Legal and policy issues surround NFTs. This study examines NFT legal and policy issues and their effects on the digital economy. This study showed that NFTs could revolutionize digital asset ownership, but they also raise questions about intellectual property, privacy, and taxes. As NFT ownership evolves, buyers and sellers must understand their legal rights and obligations and avoid infringing on others' intellectual property rights. NFTs with photos or other personal data raise privacy concerns. To avoid privacy violations, buyers and sellers should consider NFT privacy implications. NFTs may be used for money laundering or terrorism. Regulators and law enforcement closely monitor NFT transactions to prevent misuse. Policymakers, regulators, and industry participants trying to establish a clear and effective legal framework that protects all parties should consider this study. These legal and policy issues must be addressed as NFTs gain popularity to maximize their potential. NFTs are legally and politically complex. This study emphasizes the need for ongoing research and stakeholder collaboration to responsibly and legally use NFTs and realize the digital economy's transformative potential.
Darshana M Chigari, Dashvath R, Chandrakanth K J, Bhavya Das D · 5 authors
The evolution of Blockchain has given way to a Smart World where there is improved security and integration of devices, systems, and processes with humans through all-pervasive connectivity. There are numerous secure applications using Blockchain like smart cities, Cloud Computing, Smart Management of the Environment and Healthcare, etc.A decentralized voting system is an option for the paper ballot system and EVM (Electronic Voting Machines). Democracies need a decentralized voting system that offers security, integrity, immutability, transparency, and privacy to voters. Blockchain is an emerging technology that offers integrity, immutability, and decentralization of data. Moving our traditional voting system to Blockchain technology can increase voter confidence. This paper describes an attempt to influence the advantages of Blockchain, such as cryptography and transparency, to accomplish an efficient scheme for a decentralized voting system using the Ethereum network. Smart contracts are profound chunks of codes, which are included in the Blockchain and then execute written code as planned in each stage of Blockchain updates. Decentralized voting is one of the trending topics, but is yet to be significant, compared to the other e-services.
The paper is devoted to the study of the legal nature of a non-fungible token — NFT. The paper discusses the concept and types of tokens. The author defines a token as a unit of accounting in a distributed ledger that digitally represents financial instruments or other assets that expresses the economic value of the objects being represented and allows the rights associated with them to be exercised. According to a common point of view, NFT serves as a means of digital expression of a particular object, it has characteristics (signs) inherent exclusively to it, by virtue of which it cannot be exchanged for another token, and the cost of one NFT is not conditioned by the cost of other tokens. The author notes that the listed features are not inherent in NFT in all cases. In addition, using the example of NFT, the author draws attention to the problem of artificial limitations of the mechanism of legal regulation of fundamentally new digital objects. It is determined that, with regard to NFT, today in the Russian Federation, both the legislator and the financial market regulator maintain the status quo: the state intervenes in public relations that develop during the turnover of non-fungible tokens only if transactions involving them violate the law. Meanwhile, it can be expected that eventually the problems of the issue and circulation of NFT in the financial market will receive their regulatory and legal resolution.
The article analyses a foreign practice of the criminal legal measures for counteracting cyberterrorism. An analysis of the US Code chapter 18 1030(a)(5), amended by USA PATRIOT Act 2001 (a response to the terrorist attack of September 11, 2001), is presented. The substantial features of cyberthreats on the part of terrorist organizations, stated in annual threat assessments of the U.S. Intelligence Community, are marked out. The experience of the Western European countries in the field is also summarized. Particularly, the routine activity of the secret services and law-enforcement authorities which rarely involves the criminal responsibility. A special attention is drawn to the legal acts of the People's Republic of China which ground counteracting cyberterrorism on the general conception of the digital sovereignty. In PRC the measures of counteracting to modern cyberthreats are arranged in three main blocks: development of own technologies, ideological propaganda, state policy. As a result of technological progress the structure of terrorist organizations and the tactics of criminal actions are changed. The use of networking model has resulted in emergence of the "single person terrorists", multi-integration of various organizations, frequently committing their operations in distance one of another, self-radicalization as a key model of involving to the criminal activity,decentralization in management while lacking of the "command centres", making use of the blockchain in the financing model. The article also proposes general positions for the criminalization of the cyberterrorism in the Russian Federation. The recommendations for amendment of criminal legislation are made.
Disputes regarding smart contracts are inevitable, and parties will need means for dealing with smart contract issues. This article highlights the need for dispute resolution mechanisms for smart contracts. The author provides analysis of the possible mechanisms to solve disputes arising from smart contracts, namely dispute resolution by traditional arbitration institutions and blockchain arbitration. Article acknowledges the benefits and challenges of both mechanisms. In the light of this, the author concludes about instituting a hybrid approach aimed at resolving disputes that will not stymie efficiencies of smart contracts.
Vladimir Yuzhakov, Elvira Talapina, Irina Chereshneva
Within the framework of this work, the actual relations associated with the application of distributed ledger technology (TRR) in public administration and the potential of their legal regulation have been analyzed. The legal risks of using TPP in public administration were identified and systematized, a classification of legal risks when using TPP, primarily in the form of a blockchain, in public administration was proposed. Proposals are formulated to overcome legal risks when using TRP in public administration.
A transnationalization of corruption practices, born by globalization processes, is one of nowadays negative phenomenon that deserves intensive studying. Digital technologies smooth the pathways for transnational corruption. On the other hand, digitalization also provides tools for building up respective countermeasures. This article examines the potential of digital technologies, primarily artificial intelligence (AI), in preventing corruption practices. Firstly, the characteristics of the «global corruption» phenomenon are outlined. The experience of implementing digital technologies in the corruption countermeasures has been analysed that revealed problems and prospective trends in the development of digital anti-corruption mechanisms at the supra-national level of governance. Digital tools for detecting and tracking of transnational corruption schemes were described in the framework of international journalistic investigations or anti-corruption control technologies in the European Union. One of key factors preventing the effective application of AI against the transnational corruption is the lack of the consolidated international regulatory regime for data evaluation. However, AI is ambivalent for both fighting corruption and creation new corruption pathways. Arguments in support of the distributed ledger technologies as the promising corruption-preventing techniques are provided. The study discloses factors inhibiting the scaling of the implementation of blockchain or smart contracts as mechanisms of reducing the risks of corruption. The need to develop international standards for the use of AI technologies in the fight against corruption practices is emphasized. The creation of a transnational structure with appropriate rule-making and control powers in this area becomes extremely important.
Maria A. Egorova, Д. В. Пономарева, О. В. Кожевина
In this article, the authors consider the features of smart contracts as a fundamentally new model of contractual relations, relevant in view of the comprehensive digitalization of various spheres of life. Smart contracts are considered as the so-called self-executing contracts, in which the terms of the agreement between the buyer and the seller are directly spelled out in lines of code. At the same time, the code and the agreement associated with it exist in a distributed decentralized blockchain network. Smart contracts guarantee a very specific set of results, which makes it possible not to resort to litigation, in fact, avoiding conflict situations. The authors analyze various types of smart contracts, problems associated with changing the terms of a smart contract, and limitations connected with the use of such a model of contractual relations. The article draws attention to the fact that the automated execution of the terms of the contract will cause problems, because the lines of code, unlike a traditional written contract, cannot be changed with the same ease. In conclusion, the authors discuss the impact of digitalization processes on the development of smart contracts.
This work represents a study aimed at exploring the relationship between Tax Compliance and the distributed ledger technology known as "Blockchain," without fully exhausting the subject matter. The main objective is to clarify and demonstrate the potential uses of Blockchain technology in facilitating corporate tax compliance. The anticipated potentials of this technology are just as significant as the possibilities it offers for tax authorities in terms of monitoring tax collection, which will also be addressed.
 The study adopts an inductive method and relies on research conducted through bibliographic and jurisprudential sources, both in physical and digital formats. The research is justified by the revolutionary potential that Blockchain technology holds for tax compliance activities. The hypothesis guiding this research is that Blockchain technology can be effectively and disruptively applied in the field of Tax Compliance.
 Through a thorough analysis of basic concepts related to Blockchain technology, this study reaches the conclusion that the hypothesis is valid. It identifies various fiscal issues that can benefit from the use of this technology and presents concrete cases where it is already being implemented in Brazil. Furthermore, the study explores potential applications of Blockchain technology in Tax Compliance based on research and publications by leading accounting and tax auditing firms worldwide.
 The topic addressed in this study is highly relevant and timely, as the practical possibilities of Blockchain technology are just beginning to emerge. Recent developments, such as the launch of Blockchain systems by Brazil's tax authorities, further emphasize the importance and timeliness of this research.
 In conclusion, this study aims to contribute to the understanding of the potential uses of Blockchain technology in the context of Tax Compliance. It highlights its disruptive potential and offers insights into how this technology can transform the routines of tax professionals in the coming years.
The proliferation of cryptocurrency transactions and the increase in their value raises the question of the need for a final solution to the problem of legal regulation of their circulation. The urgency of this task is exacerbated by the fact that leaving cryptoassets out of the legal field promotes their use in illegal activities and deprives the state of significant revenues from their proper taxation. The purpose of this article is to study the approaches to the legal regulation of the circulation of cryptoassets, which are recently formed in the world, to determine the positive experience and opportunities to borrow successful legislative decisions. The article analyzes approaches to the regulation of relations arising from cryptocurrencies in the United States, Canada, Great Britain, Germany, Austria, Estonia, China, Singapore and Australia. Particular attention is paid to the analysis of the European unified approach to the regulation of cryptocurrencies for all European countries, as well as cryptocurrency services. According to the results of the study, it is concluded that today the attitude to cryptocurrencies differs depending on the level of development of the country. However, recently there has been a tendency to focus efforts on the implementation of cryptoassets in the legal field and ensure legal regulation of their circulation. In general, 2020, the year of the pandemic and the transfer of life to the online format, was marked by special attention to the development of legal regulation of cryptocurrency circulation. Of particular concern to the authorities are features of cryptocurrencies such as decentralization and anonymity, which allow these assets to be used to launder criminal proceeds and finance terrorism. It is in this direction that government regulation of cryptocurrency circulation has been moving recently. Most countries in the world of cryptocurrency regulation focus on licensing cryptocurrency exchanges, identifying their users, taxing, and countering money laundering and terrorist financing. These principles are the basis of the unified approach to the regulation of cryptocurrency activities for all European countries proposed by the European Commission. It is noteworthy that both in the European unified approach to the regulation of cryptoassets and in their legal regulation in some European countries and the United States, it is proposed to classify cryptocurrencies and divide them into several categories depending on the functions they perform. These approaches to the classification of cryptoassets should be considered when determining the legal framework for regulating the circulation of cryptoassets (virtual assets) in Ukraine.
Abstract Equilibrium of centralization and decentralization is one of the sustainable development drivers for regions in federal countries. The constitutional reform 2020 in Russia was an important political development relevant both for Russia and international discussion. Constitutional amendments made an important contribution to the center-region relations promising to understand better the needs of regions by means of State Council and introducing new actors - federal territories, initially meant for better ecological protection of certain territories. The study allows to conclude that the representation of regions in legislative power is diminished after the reform 2020, but the upgraded State Council opens new opportunities for better center-region communications. Another finding is that the new constitutional phenomenon “federal territories” is unclear and not aimed for ecological needs. It is likely to cause unjustified inequalities in redistributions of finance and revenues between the territories in Russia. Spontaneous creation of federal territories is likely to cause uncertainties in the sustainable development of regions.
Vasiliy A. Laptev, Sergey Yu. Chucha, Daria Rinatovna Feyzrakhmanova
The subject. Digital technologies have been integrated into all aspects of public life, including politics, law, finance, business, education, science, and society. Yet, digitalization exerts an even greater impact on the economy, which should prompt the State, represented by its legislative and executive bodies, to take timely action to ensure the legal regulation of diverse aspects of the digital economy. Digital transformation of the economy has redefined the approaches to the issues of legal capacity, corporate governance and management of business processes. Traditional management mechanisms are no longer competitive, unless used in conjunction with dynamically developing digital technologies. This article explores the issues related to digital legal personality of a corporation (online registration (e-residency) of corporations and the digital footprint that companies leave in public registers), digital corporate governance, and discuss the operation of digital corporations, including networked and decentralized autonomous organizations. The authors distinguish three types of digital corporate governance: remote management (exercised by human individuals), smart management (based on algorithms designed by human engineers), and artificial intelligence (AI) management (that does not require human involvement). Some tools of digital corporation management are illustrated, replacing traditional forms of management of the human cognitive system. Finally, we provide an overview of the operational characteristics of decentralized autonomous organizations. Purpose of the research . This article is devoted to the transformation of management tools for modern corporations in the digital economy. In order to comply with the Russian corporate legislation of the existing digital reality, it is necessary to develop a comprehensive scientific and legal concept of corporate governance, ensuring the balance and protection of the rights and legitimate interests of all participants in corporate relations and others related to corporate relations, as well as increasing the transparency and efficiency of corporations. Methodology. The methodology of this study was based on the following methods of scientific knowledge: general scientific empirical methods (observation (over the course of development of the use of digital technologies in corporate law), comparison (of the effectiveness of the use of digital technologies in corporate law of different countries)); methods of theoretical knowledge (analysis (of advantages and disadvantages of digitalization of individual institutions of corporate law), formal legal method (in the formulation and research of various concepts, determination of their characteristics and classification), theoretical modeling (of the prospects and areas of possible application of digital technologies in corporate law). The main results . Digitalization of corporate management is bound to increase business profitability and improve competitiveness on the market. We believe that in the coming years science will have to tackle the issues of assessing the implications of the introduction of digital technologies, determining technical, economic and legal prerequisites for their implementation, and identifying their limits. In addition, issues related to professional training / retraining of personnel capable of working with modern technologies are of importance. Conclusions. The authors came to the conclusion that the main direction of improving corporate legislation in the context of digitalization is currently the creation and provision of conditions for effective interaction between corporate actors and persons directly associated with them in the digital environment.