Blockchain Papers

Collegiums of advocate in Nur-Sultan, Lyazzat А. TEMIRZHANOVA, Almaz Syzdykov, Bakhytzhan Zh. SAGYMBEKOV

No abstract is available for this record.

Л. А. Новоселова, E. S. Grin

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)

Agnieszka Modzelewska, Paulina Grodzka

Reluctance to pay taxes is a natural feature of man. Given the above, it is not surprising that taxpayers are constantly looking for all possible ways to avoid taxation. The legislator, realizing the above, introduces a number of regulations aimed at counteracting dishonest actions of taxpayers. In the context of cryptocurrencies, these are in particular solutions aimed at limiting anonymity in the circulation of cryptocurrencies. The taxpayers, taking advantage of the fact that trading in cryptocurrencies is very specific, complicated and partially anonymous, try to outsmart the tax authorities and pay no taxes on income from such transactions. Also, the fact that until January 1, 2019, there was no regulation regarding the taxation of cryptocurrencies, and the introduced regulation also raises many doubts, does not encourage taxpayers to honestly settle accounts with tax authorities. Tax authorities, on the other hand, do not have the tools that would enable them to counteract taxpayers’ dishonesty effectively, what leads to the depletion of tax liabilities.

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.

Iryna A. Nechayeva

Features and modern operating conditions of utility companies (institutions, organizations), in particular, the processes of democratization, decentralization, openness of society,necessitate improving the system of indicators that define requirements for the criteria used to evaluate their performance. Given the goals, objectives and current functions, the evaluation of performance of a utility company(institution, organization) should be carried out both according to economic and social criteria, which is explained by the fact that activities of a utility company(institution, organization) are aimed at solving social problems of the corresponding territorial community.This means that its performance efficiency is not always determined by profitability.It is possible to assess effectiveness of utility companies' using local finance, which are the main income item in their budget, and the level of influence of a utility company(institution, organization) on the development of a territorial community only if the enterprise is transparent and open. It is proposed to single out the criterion "Public awareness of activities of a utility company (institution, organization)" in the system of criteria for assessing social performance of a utility company (institution, organization). Accordingly, in the system of 332.1

Darya N. Davtyan-Davydova, Marat G. Martirosyan, Alexander I. Bortenev, Olga Sergacheva

No abstract is available for this record.

Julia A. Gavrilova, Natalia Kvitsinia, Nina A. Kalashnikova

No abstract is available for this record.

Carla Reyes

Several states have recently changed their business organization law to accommodate autonomous businesses—businesses operated entirely through computer code. A variety of international civil society groups are also actively developing new frameworks— and a model law—for enabling decentralized, autonomous businesses to achieve a corporate or corporate-like status that bestows legal personhood. Meanwhile, various jurisdictions, including the European Union, have considered whether and to what extent artificial intelligence (AI) more broadly should be endowed with personhood to respond to AI’s increasing presence in society. Despite the fairly obvious overlap between the two sets of inquiries, the legal and policy discussions between the two only rarely overlap. As a result of this failure to communicate, both areas of personhood theory fail to account for the important role that socio-technical and socio-legal context plays in law and policy development. This Article fills the gap by investigating the limits of artificial rights at the intersection of corporations and artificial intelligence. Specifically, this Article argues that building a comprehensive legal approach to artificial rights—rights enjoyed by artificial people, whether corporate entity, machine, or otherwise—requires approaching the issue through a systems lens to ensure that the legal system adequately considers the varied socio-technical contexts in which artificial people exist. To make these claims, this Article begins by establishing a terminology baseline, and emphasizing the importance of viewing AI as part of a socio-technical system. Part I then concludes by reviewing the existing ecosystem of autonomous corporations. Parts II and III then examine the existing debates around artificially intelligent persons and corporate personhood, arguing that the socio-legal needs driving artificial personhood debates in both contexts include: protecting the rights of natural people, upholding social values, and creating a fiction for legal convenience. Parts II and III also explore the extent to which the theories from either set of literature fits the reality of autonomous businesses, illuminating gaps and using them to demonstrate that the law must consider the socio-technical context of AI systems and the socio-legal complexity of corporations to decide how autonomous businesses will interact with the world. Ultimately, the Article identifies and leverages links between both areas of legal personhood to demonstrate the Article’s core claim: developing law for artificial systems in any context should use the systems nature of the technical artifact to tie its legal treatment directly to the system’s socio-technical reality.

Wulf A. Kaal

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.

Victoria Dorofeeva, Lyudmila Kaverzina, Dmitry Zhmurov, Tatyana Krasnova · 5 authors

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.

M. M. Dolgieva

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.

Roman Volodimirovich Yakovliev

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

Vera Maltseva, Alexander Maltsev

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.

Nizami Safarli

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.

I Kh Utakaeva

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.

D. L. Kuteynikov

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.

Magizov Rustem, Kuznetsov Sergey, Kasatova Anastasia, Gilmanov Muhamat · 6 authors

Despite the rapid growth in the popularity of cryptocurrency, its legal status is still unsettled. The process of issuance and circulation of the most common cryptocurrency is completely decentralized, and there is no possibility of its regulation, including from the state. Another key feature of using cryptocurrency is the anonymity of users of such cryptocurrency. These facts, as well as the possibility of uncontrolled cross-border money transfer and their subsequent cash withdrawal, are prerequisites for a high risk of the potential involvement of cryptocurrencies in criminal schemes. The article presents a brief overview of the use of cryptocurrency for criminal purposes and the need to introduce criminal law bans on criminal encroachment in the field of cryptocurrency in Russia.

Janadilov Olzhas, Serguei Cheloukhine

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.

K.V. Solodan

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.

Mariia Khakimova

No abstract is available for this record.

O. S. Grin, E. S. Grin, Andrey V. Solov’yov

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.

Michael L. Spafford, Daren F. Stanaway, Sabin Chung

Purpose To analyze the CFTC’s approach to regulating cryptocurrencies and blockchain technologies in light of their cross-border nature, limitations on the CFTC’s extraterritorial authority, and the CFTC’s prerogative to work cooperatively with foreign regulators. Design/methodology/approach Discusses the principles set forth in CFTC Chairman Christopher Giancarlo’s White Paper regarding cross-border swap regulation; analyzes the similar nature of cross-border issues arising from regulation of cryptocurrencies and blockchain technologies; examines regulations and guidance implemented by foreign authorities in the blockchain and cryptocurrency space; and assesses the limitations of the CFTC’s extraterritorial authority. Findings The principles set forth in Chairman Giancarlo’s White Paper regarding cross-border swap regulation apply equally to blockchain technologies and cryptocurrencies, and as such, the CFTC may wish to pursue an analogous approach to regulating cryptocurrencies and blockchain technologies. Practical implications The CFTC should exercise deference to and cooperate with foreign counterparts to regulate cryptocurrencies and blockchain technologies that traverse international borders, thereby avoiding overlapping and potentially conflicting regulation while fostering an innovative growth environment for emerging technologies. Originality/value In-depth analysis and insight from experienced professionals in the CFTC and cross-border investigations and enforcement space.

Maria A. Egorova, L. G. Efimova

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».

Olha Salnikova, Volodymyr Lagodiienko, Larysa Ivanchenkova, Vasyl Kopytko · 6 authors

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.