Bitcoin ha superado la barrera psicológica de los 60.000 dólares por unidad en el mes de abril de 2021 y todo apunta a que alcanzará cotas mayores en los años venideros. Como parte del ecosistema Fintech, que está conformado por una amalgama de criptoactivos, Bitcoin es tal vez la criptomoneda más conocida junto a Ethereum, pero no la única, pues ambas son “sólo la punta del iceberg de esta transformación digital de las finanzas” (Barrio, 2021). El inexorable avance de estos criptoactivos, cuyo sustrato tecnológico se basa en blockchain, representa un desafío legal sin precedentes al que el jurista debe aproximarse desde diversos sectores normativos. Precisamente, de esta ingente labor se ocupa Moisés Barrio Andrés en la monografía Criptoactivos. Retos y desafíos normativos, que ha dirigido junto a un nutrido grupo de destacados expertos en la materia. Planteada en torno a dieciocho capítulos, el estudio abarca desde los aspectos generales inherentes a las criptofinanzas hasta las cuestiones jurídico-sustantivas y jurídico-procesales más relevantes inherentes a su circulación en el tráfico jurídico.
Today, blockchain applications are being developed for a wide variety of areas of activity - from trade and advertising to logistics and social networks. Building an application using a ready-made blockchain on one of the specialized platforms is the most efficient way to develop. The development of a decentralized voting system on one of the most functional blockchain platforms Ethereum with a developed infrastructure for creating smart contracts is being considered.
It is proposed to justify the applicability of indicators of state confidence in civil society, that is, the state’s faith in the loyalty of society to it and in the ability to maintain its own legitimacy. The first indicator is the legalization of cryptocurrency, the second is the creation of a state cryptocurrency. There is a direct connection between the degree of legalization of cryptocurrency and the level of state confidence in the loyalty of society to it. The creation of state national cryptocurrency is a signal of a drop in state confidence in its own legitimacy.
The formation of the three tiers of government represents a novel experiment in Nepal’s federal journey since the adoption of the new constitution in 2015. State power in the former unitary system, both rights and responsibilities, has been divided across federal, provincial and local tiers of government, with a mix of exclusive and concurrent powers for each. In matters within their jurisdiction, subnational governments can formulate laws on financial rights, set their own budgets, make decisions, devise plans and policies, implement those plans, levy taxes, and collect revenues. In the roughly three years since devolution went into effect, a few problems and uncertainties have cropped up, particularly in the exercise of power. Subnational governments complain that the center has not been very cooperative when it comes to the formulation of laws, allocation of resources, transfer of the institutional set-up, etc. However, there have been some achievements in the implementation of federalism. Institutional structures have formed at the subnational government levels, they have begun staffing, and their fiscal situations are gradually strengthening. Improvements have been made in almost all areas, including social, human development, economic, infrastructure and administrative sectors. A sense of positive competition has been created between different local and provincial governments. However, a continuing point of tension in Nepal’s federal devolution is shape of the fiscal architecture supporting the new rights and responsibilities of subnational governments. The constitution provides many functional responsibilities to provinces but only limited revenue rights. This structure conflicts with the “finance follows function” principle of effective decentralization, suggesting that initiatives are needed to review the fiscal space of the provincial level. The purpose of this paper is to analyze existing institutional structures and details of subnational government finance (“fiscal architecture”) in Nepal, primarily at the provincial level, and identify recommendations for improvement.
Bureau for Coordination of Combating Organized Crime and Other Dangerous Types of Crimes on the Territory of CIS Member States, A.G. Kuznetsov
The concepts of cryptocurrency and blockchain technology are interpreted, their nature and content are researched. Various approaches to the regulation of digital currencies in foreign jurisdictions and CIS member states are analyzed. The results of comprehensive analysis of the main criminal risks associated with cryptocurrencies use are presented. Characteristic features of these criminal acts are summarized and systematized.
The authors analyzed the market of cryptocurrency goods, considered the essence of cryptocurrency and proposed the definition of their legal status, studied the experience of some jurisdictions regarding the possibilities and threats of the use and regulation of cryptocurrency.In the process of analyzing the experience of regulating cryptocurrency, we have found similar and distinctive features in some jurisdictions.First, each country, in view of the great potential of the blockchain technology, is trying in one way or another to create a favorable climate for its development.Secondly, the use of cryptocurrency goods is rapidly developing, and their impact on economic processes, both at the international and national levels is increasing, while states are faced with the problem of adapting their tax legislation to the current challenges of the digital economy, since the definition of the status of cryptocurrency does not directly lead to lack of funds to the state budget from operations with these assets.Thirdly, today there are more than 2,000 cryptocurrency is traded through various trading platforms -stock exchanges and can be used to launder proceeds from crime.Thus, it is necessary to develop common standards for the regulation of cryptocurrency and the requirements for such crypto exchange counterparts, through the licensing of operations with cryptocurrencies.At the same time, the important question is what government bodies should exercise such control.
Abstract: The article is devoted to a new phenomenon for the Russian legal and economic space – the smart contract. The author of the article, based on the novel of Part 2 of Article 309 of the Civil Code of the Russian Federation, considers the dynamics of a civil obligation that is fulfilled through the use of information technologies. Thus, the article structurally highlights the parts devoted to the actual dynamics itself, the stage of occurrence of an obligation mediated by a smart contract; the stage of performance of such an obligation through the prism of the principles of performance; as well as the stage of termination of the obligation under study. The paper shows three main scientific approaches that reflect the mechanism of occurrence of an obligation that is fulfilled through the use of information technologies; the legal characteristics of click-wrap and browse-wrap agreements are given; the specifics of the known principles of performance of obligations in the performance of obligations using information technologies are reflected; it is concluded that it is necessary to adapt the law of obligations to digital realities, which is possible without a radical "breaking" of the pandect system of Russian civil law and the key approaches of the legislator to the main legal instruments of civil law.
П А Команов, Х Ю Ревазов, Д А Тавасиев, Пальмов, С.В.
В настоящее время технологии блокчейн находят высокий спрос в разных сферах. Широкое применение находят и смарт-контракты, которые записываются в блокчейн. Наибольшую популярность на данный момент имеют приложения, написанные с помощью смарт-контрактов на платформе Ethereum. Смарт-контракты, как и обычные программы, подвержены различным уязвимостям. В статье будут рассмотрены серьезные уязвимости, методы и инструменты, которые были менее освещены в сферах информационной безопасности и IT, но имеющие огромный потенциал в области обеспечения безопасности смарт-контрактов. Основная цель данной статьи заключается в том, чтобы дать представление об актуальных и серьезных уязвимостях в смарт-контрактах Ethereum и на основе актуальных угроз подобрать актуальные методы по обеспечению безопасности смарт-контрактов на платформе Ethereum.
The article describes involvement of modern technologies in combating corruption and their actuality in the current digitalization of the world. Such ICT tools as Digital government services, Big Data Technologies, Distributed ledger technologies (DLT) and blockchain, data mining, crowdsourcing technologies, analytical (Forensic) tools and electronic systems for verification of income declarations, as well as foreign experience of their usage and implementation are thoroughly examined.
To reduce the impact of hidden corruption of the state-owned enterprise executives, first, this paper uses the difference-in-difference (DD) analysis method to build the DD model in the context of national audit. Second, the study analyzes the impact of the operating performance of the state-owned enterprises on the enterprise value. Third, it discusses the impact of the executive power of the state-owned enterprises on the hidden corruption, and uses blockchain technology with decentralization and high transparency, and information not be tampered with to analyze the degree of information transparency in state-owned enterprises, thereby enhancing the existing audit mode and improving the audit efficiency, and further predicting the trend of hidden corruption for finding the characteristics of corruption as early as possible, and timely governing the corruption behaviors. The research results show that the greater the power of state-owned enterprise executives is, the lower the transparency of information is, the less sound the supervision mechanism is, and the easier the hidden corruption of state-owned enterprise executives will breed. Only by using blockchain technology to enhance the audit mode, ensure data integrity, improve audit efficiency, and decrease audit risk, can the corruption of the executives of state-owned enterprises be effectively curbed.
The purpose of the research is to use blockchain technology in the electoral process. The study was conducted on the example of blockchain technologies used in elections in the United States, Canada, Australia, Sierra Leone, Switzerland, Spain, Russia and other countries. The methodological basis of the research is based on the methods of comparative analysis and component analysis of definitions. Empirical methods of expert assessment and interviewing were used. The pros and cons of blockchain technologies and the possibility of using this innovative technology in elections of different levels are revealed. The advantages of inclusive blockchain technology include the mobility and accessibility of voting; minimizing the costs of organizing and conducting elections; de-bureaucratization by reducing the staff of election commissions; the possibility of excluding the impact on voters from participants in the electoral process; reducing the time for processing ballots and determining the results of voting; increasing the level of trust in electoral procedures on the part of citizens who usually do not participate in voting. Among the disadvantages of blockchain technologies, we can highlight: technical failures and hacker cyber-attacks; the possibility of hackers using data about voters, in case of hacking electronic databases; violation of the secrecy of voting.
Recognition of foreign qualifications for authorising the exercise of a regulated profession gains importance in globalised economies and in international organisations such as the UNESCO. However, national procedures for such recognition have not yet experienced the transformative changes that occurred in other sectors of public administration. The study of “transborder digitisation” is still in its infancy. While governments consider the adoption of blockchain applications for the e-administration of trade-related procedures, for example customs procedures, it is timely to give some thoughts to recognition as well. After explaining the role of recognition in international relations this article explores the features of recognition procedures that are relevant for the choice of a technology. It then aims to identify recognition authorities’ needs in terms of administrative tools and to find out the options and potential benefits of blockchain technology in view of those needs. It aims to find whether there are reasons to select that particular technology rather than conventional methods. This is highlighted in a concrete description of what could be a possible configuration of a blockchain solution for recognition procedures. Since opportunities are always balanced by limitations, the article also inquires into ithe expected challenges in adopting a blockchain system between different countries’ recognition authorities. The article’s overall aim is to offer an assessment of blockchain technologies’ potential in that field and to highlight developments in technology that could ease their adoption. The article finds that the advantages brought by DLT technologies and the needed features of recognition processes coincide in several respects. However, some critical challenges and limitations for the application of blockchain in this field also exist. An adoption of that technology for that particular branch of public administration could occur provided that the technology continues to improve. Such improvements include interoperability, interface with other protocols and legacy databases, portability, and a higher degree of safety regarding privacy.
The paper analyzes the legal status of the consumer when concluding and executing a smart contract. The author proves the existence of special risks for citizens associated with the conclusion and execution of a smart contract. In particular, the author considers the risk of a consumer’s misunderstanding of the terms of a smart contract, the risk of a difference between the terms of a smart contract and the terms of a contract set forth in the natural language, the risk of including in a smart contract conditions that infringe on consumer rights (unfair contractual terms), as well as special manifestations of regulatory and operational risks in relation to a smart contract. Currently, in the Russian Federation, as in most foreign jurisdictions, there are no special legal mechanisms aimed at protecting consumer rights from these risks. The “general” mechanisms of consumer protection existing in the Russian jurisdiction are insufficient. Considering this, the author proposes mechanisms for each risk aimed at minimizing its implementation and negative impact on the citizen. The following risk-oriented approach to regulating relations when concluding a smart contract with the participation of a consumer is proposed. A citizen can conclude transactions using a smart contract subject to legislative limitation of his potential losses under a transaction (limiting the transaction price) and the introduction of the proposed legal regulation aimed at minimizing the risks discussed in the paper.
This article is devoted to the consideration of issues related to the legal regulation of cryptocurrencies in the Russian Federation and some foreign countries. In the course of the study, the features of cryptocurrencies were highlighted, various approaches to the definition of this category were considered, some aspects of the legal regulation of digital currencies were analyzed. It has been determined that the rules of financial law regulate a whole range of public relations related to the use of cryptocurrencies and the complex regulation of this institution is necessary. The author came to the conclusion that it is necessary to use digital technologies and digital currencies in the Russian economy in the future. At the same time, this is a complex and not an instantaneous process of transition to digital currencies; a clearly thought-out strategy for the development of legislation in this area is necessary.
Человеку по своей природе свойственно все упрощать и оптимизировать процесс своей работы. Изобретение компьютера и вычислительной техники позволили людям упростить и облегчить математические вычисления. Очередь оцифровывания добралась и до договорного права. В настоящей статье автор на основе гражданского законодательства Российской Федерации и зарубежных стран проводит анализ возможности применения смарт-контракта и юридические последствия его использования. It is human by nature to simplify and optimize the process of his work. The invention of the computer and computing technology allowed humans to simplify and facilitate mathematical calculations. The line of digitization has also reached contract law. In this article, the author analyzes the possibility of using a smart contract and the legal consequences of its use based on the civil legislation of the Russian Federation and foreign countries.
The article analyzes the possibility of including one of the types of digital rights of cryptocurrency as a potential object of bankruptcy estate. It is concluded that it is possible to include cryptocurrency, which is stored in a cryptocurrency wallet in the electronic system into the bankruptcy estate up to its real value with which creditors’ claims can be satisfied. The problems arising in connection with the inclusion of cryptocurrency in the bankruptcy estate of the insolvent debtor associated with the anonymity of its ownership and the specifics of the foreclosure have been identified. The anonymity of the existence of cryptocurrency in the electronic system does not allow the inclusion of property in the bankruptcy estate without the assistance of the debtor. It is recognized that cryptocurrency cannot be traded via electronic auctions in bankruptcy proceedings due to its existence in the framework of a special information system and short time price volatility. A distinction between cryptocurrency and electronic money has been made.
This article analyzes the concept and essential properties of blockchain: decentralization, usage of cryptography, autonomy, presence of consensus mechanisms, anonymity and transparency of the chain of blocks. Alongside the advantages, the article describes the disadvantages of blockchain: high cost of development and implementation of blockchain-based solutions and their utilization (high energy requirements); low speed of data processing; potential unauthorized changes to the database; absence of confidentiality of blockchain users. The author considers the scientific views on the need for legal regulation of the blockchain. An overview is presented on the global achievements in the area of blockchain standardization, as well as key vectors of standardization: terminology, reference architecture, security and confidentiality, management, smart contracts. An original definition of blockchain that takes into account its essential properties is provided. Two spheres of regulation are distinguished: legal regulation of relations that apply blockchain, and regulation of the blockchain technology itself (terminology, ontology, taxonomy, reference architecture, management, etc.). The conclusion is made on invalidity of the proposals on the unified legal regulation of blockchain (for example, formation of the universal law on blockchain), implying different areas of implementation of this technology. The author justifies the need for standardization of blockchain, as well as describes the key advantages of such standardization. It is underlined that the standards would not substitute the specific legal regulation, but would ensure the conditions for creating the legal framework in accordance with the requirements of technological reality.
The subject of this research is the legal norms that regulate legal relations in the context of application of blockchain technology and smart contracts based on it in the area of online advertising and intellectual property. The object of this research is the social relations emerging in the indicated spheres. Analysis is conducted on the concepts and characteristics of blockchain technology and smart contracts. The author also reviews some controversial theoretical and practical issues, such as terminology, legal nature of blockchain, smart contracts, and related concepts. Examples are provided of the currently existing blockchain platforms and services premised on them. The novelty of the conducted research consists in focusing on the relevant problems that emerge in the conditions of network economy in such spheres as online advertising and intellectual property. On the example of blockchain platforms functioning in the indicated spheres, the author reveals the problems the can be resolved using such technologies. The author also underlines certain practical difficulties that arise in the process of application of blockchain and smart contracts, particularly associated with the absence of legal definition of a number of concepts. The examples of corresponding court decisions are provided. A proposal is made on the need for consolidation on the legislative level of definitions of such concepts as “blockchain”, “smart contract”, “cryptocurrency”, and “token”.
In the paper, the author analyzes the legislation of Germany and Italy, which regulates financial technologies, and highlights the official positions of the state bodies of these countries regarding digitalization and its elements. The trends in the development of legislation in the digital sphere and its prospects are identified. In addition, the German and Italian scientific doctrine is being studied, which, as noted, does not offer a unified approach to financial technologies, in particular to a smart contract, but contains conflicting positions and points of view. Based on the study, it is concluded that there is a need for legislative regulation of financial technologies not only at the national level, but also at the international level. It is emphasized that legislation must find a compromise between public interests, economic needs and technological capabilities in order to make the most effective use of digital technologies in various spheres of public life.