Most of the applications and uses of digital assets are improved and expanded with well-functioning and well-governed DAOs. The article evaluates the technical and internal governance solutions promulgated by DAO projects. Particular emphasis is placed on the duality of feedback effects between internal DAO governance and external DAO legal designs.
The authors enumerate and analyze key challenges that global financial and legal systems face in connection with the introduction of cryptocurrency. They present definitions of cryptocurrency used in international and Russian practice. The authors also study the court practice on crimes involving the use of bitcoins and examine the approaches to determining the legal status of cryptocurrency in foreign countries and in the Russian Federation. It is stated that at present the international regulatory practice lacks a common universal document that would regulate the use of digital (electronic) currencies. At the same time, a considerable number of foreign countries have already worked out their attitudes to virtual currency — ranging from the absolute prohibition of all operations to stimulating mining and payments in cryptocurrencies. The authors identify five key approaches to regulating the market of cryptocurrencies in international practice. They outline multiple risks connected with the partial substitution of official means of payment by cryptocurrencies. It is stated that in our country cryptocurrencies and operations involving them are now beyond the scope of law because cryptocurrencies are not recognized as an object of legal protection. However, a number of draft laws that regulate the issue and turnover of «virtual assets» are to be adopted in the near future. The authors identify key prerequisites for the use of effective regulatory approaches to operations with cryptocurrencies and the directions for the creation of a normative legal base for such operations in the Russian Federation. It is important to take measures and prevent the use of cryptocurrencies for the financing of criminal activities and terrorism. The authors use the analysis of the normative legal basis of the Russian Federation, existing theories and their own considerations to recommend an introduction of a favorable regime of cryptocurrency market regulation by implementing the best international practices whose essence (in general terms) is reflected in the clauses of this article.
The article is devoted to the problems of qualification of various types of theft of cryptocurrency, theft of funds committed using cryptocurrency. The article deals with crimes related to the illegal sale of drugs for cryptocurrency and raises the question of the absence in the act of the offense under article 1741 of the Criminal code of the Russian Federation. The author studies the concepts of cryptocurrency and property within the framework of existing scientific opinions and analyzes the versatile judicial practice, which, in particular, tends to classify cryptocurrencies as types of property. The goals and objectives of the study are to determine the range of features and properties of the objects of crimes committed with the use of cryptocurrency, as well as committed against the cryptocurrency as an object of infringement. In the preparation of the article, mainly formal logical methods were used, as a result of which the author analyzes social and legal phenomena. The author concludes that the main feature of the evaluation of the object of crimes in sphere of circulation of cryptocurrency, is the presence of his property and cost characteristics, the possibility of determining the damage for the proper qualification of the offense. It is concluded that cryptocurrency may be the subject of corruption offenses on the basis of scientifically substantiated opinions about the presence of the paid nature of the benefit provided by the cryptocurrency. It is argued that the actions associated with the sale of narcotic drugs and psychotropic substances for cryptocurrency and subsequent actions to transfer cryptocurrency to Fiat money do not form part of the crime providing for liability for the legalization of proceeds from crime.
The use of citizens` and legal entities` personal information is crucial for the protection of human rights at the current stage of society and information technology development. On the one hand, a high-quality system of processing and using this information can increase the level of citizen participation in government-making processes and assist on creating a human-centric approach in public administration, when the state will have all the necessary information to serve citizens (providing of all administrative services online, use of analytics to improve infrastructure, etc.). On the other hand, misuse and unauthorized access to personal data can lead to violations of citizens' rights, corruption and excessive bureaucracy in administrative procedures.At the same time, approaches to the protection of personal data should be not formal, but purely practical. The state policy should be based on the solution of real problems, which often require a complete revision of the systematic approaches, in this case the infrastructure of the state registers.Modern information technologies make it possible to implement large-scale changes in the business processes of collecting, storing and processing personal data of citizens. Moreover, such approaches make it possible to reduce bureaucratic burdens and minimize corruption risks.Distributed registry technology is a popular solution for improving the performance of government processes and enhancing eGovernment in the country. However, its application requires a proper assessment of the problem and its origins, as well as the outcomes that should be achieved
The review covers the WTO report “Can Blockchain revolutionize international trade?” The report studies the multifaceted effects of Blockchain on international trade and its multiple applications. Digitalization of the cross-border transactions as the key effect would be particularly beneficial for the most paper-intensive processes, including trade finance, trade facilitation, trade in services, intellectual property and public procurement. The significant positive and transformative effect of Blockchain on international trade goes without saying, but the author warns against being too enthusiastic on the prospects of the full-size trade digitalization. As this requires enhanced trust between parties of the cross-border transactions, as well as international cooperation and joint efforts to build Blockchain ecosystems, and tackle legal and policy issues.
Introduction: the paper is devoted to a new phenomenon in business activity in the conditions of IT development that contribute to the creation of secure contractual relations on the Internet on the basis of transactions executed through smart contracts. The author notes that the need for amendments that could fill the loopholes in the current legislation is obvious. And, first of all, it concerns Blockchain technology – the algorithm that mediates the safe development, conclusion and execution of smart contracts. Blockchain technology is considered in the paper as one of the safest means for concluding and executing smart contracts. The author argues that the study of the concept, legal nature and essence of smart contracts is relevant in the light of spreading their share in the total array of transactions in the world economy in conjunction with the changing domestic legislation governing the relevant sphere, as well as the international integration processes affecting the intensification of foreign economic activity of the Russian Federation. The smart contract concepts formulated by the Russian legislator in the process of upgrading the array of statutory regulation under conditions of economy digitalization are studied and compared. The features of conclusion and protection of the smart contract in the civil legislation of the Russian Federation are analyzed. In order to fully articulate the concept of the smart contract, reflecting its essence, functional purpose and legal nature, it is proposed to create a special law that would focus on the conclusion and implementation of “the smart contract” and the specification of the general norms of the civil code. At the same time, the norms of other special laws would supplement and correct the provisions fixed by this act depending on the sphere of managing and the legal regulation branch. The concept of the smart contract is formulated; its value for economic and contractual activity, and also the advantages and disadvantages of its application are established. The possible classifications of smart contracts are given.
Abstract The article presents the results of the study of the blockchain technology. The main barriers of technology implementation were identified and ways for their elimination were suggested. Advantages and disadvantages of the technology were identified. It allowed for studies of feasibility of technology implementation for performing social and economic infrastructure tasks. The issue of effective application of this technology was studied. In Russia, the blockchain technology has been discussed by the Government of the Russian Federation and the State Duma. Despite some advantages, only in some countries, the blockchain technology is used in business processes. The blockchain technology can be used to solve logistics problems, data security tasks, political, economic and medical problems.
The modernization of democratic institutions has been greatly influenced by the intensive development of technology. Various innovations in the field of digital communications have affected a rather traditional sphere of popular votings. The widespread introduction of the distributed ledger technology has enormously changed approaches to organizing them. Distributed registers gained the widest popularity after the technology of the chain of blocks (blockchain) was introduced. Despite the fact that initially this technology was considered exclusively as an element of the development of information, and later financial technologies, at the present stage it is gradually becoming increasingly common in other areas of human activity due to a high degree of security and confidentiality. The paper deals in detail with the world practice concerning using this technology in popular voting. Also, the author analizes the technical solutions applied in the most actively developing projects aimed at developing a software used to conduct electronic voting with the use of blockchain technology. The article investigates some problems of voting with the use of blockchain technology, such as identification and secrecy of the vote.
The article investigates by etymological and legal analysis the origin of the institution of obligations and risk management, for centuries in the process of formation of Russian law.
The features of legislation concerning taxation of cryptocurrency in different countries of Europe are analyzed in this article. The author uses the anthroposociocultural approach as the basis for the study of the problem. From the point of view of anthroposociocultural approach, the necessity of proper legal regulation of taxation of cryptocurrencies has been determined to ensure the realization of the human right to taxes. The legal regulation of taxation of cryptocurrency at the European level is analyzed. The author notices that there is still no unified approach to defining what cryptocurrencies are, and how countries can develop a common policy for taxing them. This is due partly to the anonymity of users, and partly to the ambition of virtual currencies to circumvent traditional financial institutions. The author specifies what taxes can cryptocurrencies be taxed by (tax on income, capital gains tax), analyzes European approaches to solving the problem of taxation of cryptocurrencies. The author notes that Eastern Europe states have more simple and attractive tax rates. The author of the article analyzes the European judicial practice in the field of taxation of IT activities, in particular cryptocurrencies, focuses on the practice of the European Court of Justice.
Within the framework of this article, the authors carry out the study of the design of the smart contract in the context of jurisprudence and technical sciences. The paper analyzes the legal nature of the smart contract and the issues concerning the scope of application (in relation to distributed ledger technology). The authors conclude that the category of “smart contract” can be defined in technical and legal aspects. In foreign literature, there are two categories: a legal smart contract and a smart contract code (or smart contract). The smart contract as a technical phenomenon represents a computer code that allows automated fulfillment of obligations. From legal point of view, the approaches to the definition of the smart contract depend primarily on the fact that the authors rely on the possibility of using smart contracts only within the framework of distributed ledger technology or other information technologies. At the same time, the majority of authors share the view that the smart contract exists exclusively in relation to the technology of distributed ledgers, namely, the blockchain. The article proposes to define the smart contract as a standard (special) contractual design — a contract concluded by electronic or other technical means, under the terms of which performance of the obligation is carried out without directed explicit additional expression of will (under Part 2 of Article 309 of the Civil Code of the Russian Federation). The article states that the smart contract cannot be qualified as an independent way of ensuring the performance of obligations. Such qualification is possible only if the functional approach to understanding security is applied. The paper examines the main fields of application of smart contracts and possible risks of their application (in terms of statement of terms of agreements in relation to a programming language; in respect of necessity of compliance with such fundamental principles of civil law as legality, fairness, protection of the weak; the need for communication with public authorities and notaries, as well as risks of using smart contracts in relations involving the participation of consumers). A separate set of questions concerns the protection of the rights infringed due to the use of smart contracts.
In the paper, the authors formulate a multidimensional concept of «cryptocurrency», which takes into account the technical, economic and legal nature of cryptocurrencies. In addition, the paper defines the relationship of the concepts of «cryptocurrency» with such commonly used terms as «digital currencies», «virtual currencies» and «electronic money». The authors understand cryptocurrencies as a kind of digital money, which is the result of the functioning of the corresponding computer program (digital code). Cryptocurrencies are created using the appropriate Protocol, operating in a decentralized manner, with the use of the blockchain technology. If the issue has a centralized issuer while maintaining other features inherent in these cryptocurrencies, then it is possible to talk not about cryptocurrencies, but about the issue of electronic money. The main difference between electronic money and cryptocurrencies is the presence of electronic money of the Central Issuer and the lack of it in cryptocurrencies. Another important difference between cryptocurrencies and electronic money is the way they are issued and stored. Cryptocurrencies are stored and issued in a decentralized manner, while the information about electronic money and transactions with them can be centralized on one server. There are also other differences, such as the mandatory use of asymmetric cryptographic encryption when creating cryptocurrencies, etc. Being digital money, cryptocurrencies at the same time are a kind of digital property that performs the functions of a means of payment in the society, does not have a physical form, that is, can not exist in the form of coins or banknotes. The authors support the addition of art.128 of the Civil Code of the Russian Federation with a new object of civil law (digital money) in the context of improving the draft law «On digital financial assets».
One of the new technologies that will determine our future is Blockchain. The article describes the technology of the Blockchain, analyzes the world experience of using the technology, gives examples of the use of the Blockchain in public administration. Special attention is paid to mathematical methods of evaluating the effectiveness of technology implementation in the public sector.
O.S. Bolotaeva, Алла Степанова, Світлана Алексеева
This article examines the legal nature of cryptocurrency. Comprehensive analysis is conducted on the legal nature of digital currency; its correlation with the traditional money and e-money is determined. The author summarizes and systematizes the opinions of the scholars on these issues, as well as the existing legislation. The object of this research is the public relations arising process of functionality of crypto technologies and with regards to such the phenomenon of cryptocurrency in Russia. The subject of this research is the Constitution of the Russian Federation, normative legal acts that comprise the current legislation of the Russian Federation, as well as scientific works dedicated to the public relations in this sphere. The goal lies in examination and revelation of the financial legal essence of cryptocurrency, its legal nature and role among the objects of civil rights. The conclusion is made that the states will act towards the implementation of cryptocurrency into the economy. Digital currency is a promising trends of development and investment. The question of legal regulation and consolidation of the status of cryptocurrency remains important and relevant for not only Russia or any country, but the entire world community. The economy that is based on cryptocurrency has good chances to become a reality on the global scale.
The issues of changing the tax system of the Russian Federation, the system of tax control under the influence of digital technologies have been examined. Electronic government services in the field of taxation, as well as the prospects and directions for the further development and expansion of electronic services used for taxpayers and tax authorities have been considered. The problems of taxation of operations with cryptocurrencies and their tax regulation have been touched upon. Conclusions have been formulated to improve the efficiency of taxation and tax control in the transition to a digital economy.
Public procurement accounts for a significant share of the country's budget. It is impossible to solve the problem of effective budget spending without establishing a rational and transparent system of public procurement. On the basis of international practice, a system of public procurement has been developed and implemented in the Russian Federation. The relevance of the study of this article is determined by the fact, that a large-scale reform of the practice of public procurement is continued in Russia due to the fact that in January 2014 entered into force a new Federal law dated on April 5, 2013 № 44-FZ “On the contract system in the procurement of goods, works, services for state and municipal needs”. The contract system plays an important system-forming role in Russian society. A free and mutually beneficial economic treaty remains one of the main institutions of the market. For this reason the order of the state and separate types of legal entities forms ecosystem, in which all Russian business develops and under which adapts. One of the fundamental principles of the state procurement policy is the principle of increasing efficiency. Currently the trend of the development of the informal relations, the insufficient level of quality meet the requirements of the society. The existing institutional model of public procurement management in Moscow does not fully ensure in practice the reproduction of the necessary economic and social effects, focusing on economic. The problems of poor quality of procurement management in Moscow require a deep study and evaluation of the necessary level of efficiency of tools to improve economic and social relations in the public sector. The purpose of this article is to develop proposals for improving the mechanism of public procurement. The authors of the article consider the possibility of using blockchain in public procurement. The use of this technology will reduce the time spent on the processing of documentation, reduce the degree of corruption in the process of public procurement, by creating reputational lists available to all participants in this process. In addition, the use of a smart contract allows to minimize the number of intermediaries in the conclusion of public contracts.
Blockchain is best known as the technology behind the popular cryptocurrency bitcoin, but the application of blockchain is much broader. In this article the author outlines opportunities and challenges for application of blockchain in VAT. She also analyses in detail what aspects of the VAT legislation and its implementation may be affected by blockchain in the future.
La tecnologia blockchain (distributed ledger technology, DLT) dota els objectes d’una identitat digital permanent en el temps al marge de la seva naturalesa, i ha irromput amb força en diversos camps junt amb les criptomonedes. Més enllà de l’auge en l’àmbit financer, la seva aplicació en l’Administració pública es preveu àmplia i rupturista, especialment en el registre de diversos tipus d’actius, i la Unió Europea es configura com un dels seus impulsors principals. No obstant això, aquesta tecnologia està encara en un estat embrionari i la literatura actual tendeix a exaltar-ne els possibles beneficis sense analitzar-ne de manera sistemàtica la implementació o limitacions. Així mateix, costa trobar exemples de projectes consolidats en l’àmbit governamental, sobretot a causa de la reforma normativa que n’ha de precedir l’adopció plena. Aquest article aborda aquesta deficiència i recull un compendi de casos reals de registres d’identitats i de la propietat sobre tecnologia blockchain, de tall europeu i internacional (en països com Estònia, Suècia o Estats Units). A partir d’aquesta anàlisi, i aplicant una doble classificació funcional i tècnica, n’examina els diferents esquemes de funcionament i n’extreu les principals implicacions i reptes en el marc legal vigent. Recorre a una perspectiva tecnicojurídica i presta atenció especial a aspectes com els contractes intel·ligents (smart contracts).
This article presents the results of a comparative analysis of the legislative approaches to the regulation of cryptocurrencies in the BRICS countries and the Eurasian Economic Union. During the analysis, regulatory legal acts and draft laws, including material on judicial practice, of the Russian Federation, China, India, Brazil, the Republic of South Africa, the Republic of Belarus, Kazakhstan, Kyrgyzstan and Armenia were studied. The use of a comparative-legal method makes it possible to develop recommendations about the development of legislation on the circulation of cryptocurrencies within the BRICS countries. The assessment of the experience of EEU countries, and especially that of the Republic of Belarus, has great importance since the Russian Federation is a member country of both the EEU and BRICS. Comparative analysis was achieved by taking into account such key points as the existence of a regulatory framework, regulation of transaction taxation and counteracting the legalization of profits from crime. The results of the analysis are presented for each country separately and then systematized in the form of an analytical table. Based on the analysis, three approaches to the regulation of cryptocurrencies are identified: conservative, liberal and neutral. The study of the experiences of the BRICS and EEU countries allowed the authors to conclude that these countries need to formulate similar requirements for the regulation of cryptocurrencies so as to avoid the migration of investment and capital to other countries which have a more liberal approach.
The Author examines various approaches to the definition of cryptocurrency, the issues of legislative regulation of cryptocurrency in Russia, proposes measures to counter crimes using cryptocurrency. Based on the study, the Author concludes that in order to regulate cryptocurrency transactions, as well as in order to create a uniform judicial practice in cases related to cryptocurrency, it is necessary to create a unified regulatory framework on the subject matter. The Author proposes to legislatively fix the definition of cryptocurrency, the conditions for its issuance, storage and execution of transactions with it, as well as the circle of persons authorized to carry out operations to create, exchange, etc. with cryptocurrency; conduct training of specialists in the field of cryptocurrency through training courses, lectures, seminars, conferences, etc., including abroad, as well as to ensure the exchange of experience between experts in the field of cryptocurrency; create a technical base in law enforcement to track cryptocurrency transactions; to ensure the formation of scientific schools in the field of cryptocurrency.
An urgent task today is to strengthen the importance of property taxation, measured not only by quantitative indicators, but also by the correct perception of tax by local authorities. The scope of the research is the development of the process of fiscal decentralization in Russia. The subject of the study is the relationship of the principle of benefits in property taxation with the process of fiscal decentralization at a local and regional level. The employed research methods include logical analysis, the descriptive method and systematic presentation of the results of statistical analysis. The aim of the article is to study the importance of property taxes for the implementation of fiscal decentralization in Russia. As a result of the calculations, it was concluded that there is a tendency toward an increased financial dependence of local governments and increased centralization at the local level. It is shown that increasing transfer dependence and increasing centralization at the level of administrative centers of the regions while reducing gratuitous assistance at the regional level indicates a concentration of resources around the regional capitals and a decrease in financial support for smaller areas. The author proposes that the benefit principle in the property taxation system in Russia should be introduced and proves the possibility of doing that. The principle implies the transfer of property taxes to the targeted category, when tax revenues are directed toward specific items of municipal expenditures. The ultimate goal of introducing the principle of benefit is to increase the responsibility of local authorities regarding the efficient provision of municipal public goods, highlight the importance of property taxes and strengthen fiscal decentralization at the local level. To determine the potential ability of property taxes to fulfill the target function, a ratio of municipalities’ fiscal self-sufficiency was proposed and calculated, which allows one to determine the share of net expenditures of budgets subject to financing with property tax. The input data for the study was borrowed from statistical data on the execution of regional and local budgets, as well as tax revenue reports of tax authorities.
The paper is devoted to the issue of centralization in public finance in Russia, and highlights one of the problems of interpretation of the Russian Constitution clauses. The Rulings of the Russian Federation Constitutional Court from the period 1997–2006 created legal grounds for the process of centralization and reduction of the regional powers regarding budgeting and taxation. But all arguments of the Court are debatable. Wherein, the centralization is justified by the constitutional principle of uniform economic area. The author argues that the Russian Constitution does not have clauses establishing the uniform budget and tax systems directly, and any model of intergovernmental relations might comply with the Russian Constitution. Uniformity of economic area does not imply uniformity in taxation and budgeting in the sense of sameness. Study of foreign practices shows different approaches to the understanding of uniformity in economy, and in taxation and budgeting. The contemporary Russian public finance law is formed under the influence of the Constitutional Court’s legal positions, and the process of centralization is still evolving. The Russian history of intergovernmental relations (1991–1997) shows another model of fiscal federalism – the decentralized federalism. Replacement of the fiscal federalism models is determined by the political considerations, not by constitutional requirements.