Introduction. The author draws attention to the emerging practice of recognizing cryptocurrency as property and converting it into the income of the Russian Federation. The purpose of the study was to identify the features of emerging practice and develop recommendations for further development of law enforcement practice. As part of the study, the author solved a number of tasks, namely, establishing which decisions the preliminary investigation body had allowed to foreclose on cryptocurrency as well as which indirect circumstances had influenced the effectiveness of the preliminary investigation. As part of the study, the author used the method of analyzing law enforcement practice. The author came to the conclusion that the effectiveness of the work of the preliminary investigation bodies in terms of the subsequent conversion of cryptocurrency into the income of the Russian Federation largely depended on the efficiency of decision-making, the application of professional knowledge about digital currency, and the competent building of a dialogue with the suspect and witnesses.
Kamal Upreti, Mustafizul Haque, Prashant Vats, V Vijaya Kumar · 6 authors
The blockchain technology consists of blocks and is a decentralized network of nodes (miners). Each block is made up of three parts: the data, the hash, and the hash from the previous block. After data has been stored, it is extremely difficult to temper the data. Transactions are verified by miners, who are compensated with a commission for their labor. Readers will gain a comprehensive understanding of blockchain technology from this review article, including how it may be used in a variety of industries including supply chains, healthcare, and banking. Most individuals were already familiar with Bitcoin as one of the well-known blockchain applications. In this section, we'll discuss a few of the countless research publications on the cutting-edge applications of this technology. We'll talk about the challenges that come with actually using these applications as well. Blockchain is an industry that is growing thanks to its more recent applications in a number of fields, such as hospital administration, cryptocurrency use, and other places. Only the manner that blockchain works and runs makes it possible for these applications.
One of the important issues in the field of contract implementation is the security and speed of contract implementation in a way that can gain the trust of the contracting parties. In response to this challenge, one of these tools are smart contracts, which compared to other types of electronic contracts have features such as high speed and security and low cost in forming the contract. Smart contracts are currently used in various fields such as finance, law, banking, stock exchange, blockchain, government, industry, charity, etc. These contracts have many advantages, such as reducing costs, increasing speed, improving security, eliminating intermediaries, and preventing fraud. In simpler terms, smart contracts have taken over the task of making transactions with tools, the most important of which is the blockchain platform. Hence, in this research, the framework of using smart contracts in the field of e-commerce is discussed and the advantages, disadvantages, how to apply, successful experiences, and perspectives for the future of these contracts are presented.
The article discusses certain features of the legal regulation of cryptocurrency, taking into account the specifics of building a model for the functioning of blockchain networks, which consists in combining various tools, technologies and principles that form a logical and secure structure for distributed data storage. The problems of criminal law protection of digital currency are highlighted and the most common scientific approaches are identified, on the basis of which the author indicates that the use of the concepts of “digital currency” and “cryptocurrency” as synonyms does not correspond to the legislative definition of digital currency, since the concept of cryptocurrency is wider in content than the concept of digital currency. As a result of a comprehensive analysis of the norms of the Federal Law of July 31, 2020 No. 259-FZ On Digital Financial Assets, Digital Currency and Amendments to Certain Legislative Acts of the Russian Federation, the author comes to the conclusion that digital currency is exclusively a “domestic” currency. Based on the study of judicial practice, it is shown that the broadest possible interpretation of the concept of “other property”, which includes digital currency and cryptocurrency, is allowed. It indicates the presence of judicial acts in criminal cases, in which the subject of a crime are such cryptocurrencies as, for example, bitcoin. Attention is focused on the importance of civil law regulation of cryptocurrencies for their criminal law protection and the range of social relations that develop regarding cryptocurrencies subject to protection by means of criminal law is determined.
René Dávila, Rocío Aldeco-Pérez, Everardo Bárcenas
In recent years, Blockchain-based systems have experienced rapid growth. Although these systems are in production, they are not exempt from presenting defects in the design of their elements such as Smart Contracts. Design defects in Smart Contracts lead to inconsistencies and conse-quently to incorrect operation, which generates problematic situations during and after the execution of the system. In this paper, we describe an overview of main current approaches to formally verify Smart Contracts. Moreover, it is proposed to use Descriptive Logics to verify the consistency of functionality in the designs of Smart Contracts. The balance between expressiveness and computational complexity of Descriptive Logics, allow to model in an unified framework elusive Smart Contract properties, such as temporal and spatial ones. Furthermore, it will allow reliable and efficient verification of these properties.
This article presents an in-depth study of the legal landscape surrounding blockchain technology in the healthcare sector, with a special focus on case studies from European countries. Analyzing the existing legal framework and regulations, the research highlights the challenges and opportunities associated with the adoption of blockchain in healthcare. The most important research areas are data protection, security, consent, liability, and compliance. Through a comparative analysis of various European countries, the article illuminates the differences in legal approaches and points out possible areas of harmonization. The results clarify the legal aspects that must be addressed to ensure the integration of blockchain technology into healthcare systems, innovation while protecting patients' rights, and compliance with regulatory requirements.
Open access
Blockchain Technology Applications and Security
Artificial Intelligence in Healthcare and Education
The article examines the peculiarities of a public contract on the Internet. This is a type of legal relationship in the digital environment. It has been proven that some of the contracts on the Internet are public. If contracts on the Internet contain signs of a public contract, the rules on a public contract apply to them. Currently, there is no comprehensive list of public contracts in the Civil Code of Ukraine. This allows the application of legal norms to public contracts on the Internet. This is facilitated by the dispositive nature of civil law norms. It was concluded that the Internet is only a form of legal relations that exist in civil law. These legal relations are property or personal non-property. They take place in a digital environment. The Internet is a kind of digital form of legal relations, among which there are civil ones. Peculiarities of smart contracts have been studied. Some of them are characterized by public contracts. For example, a contract on registration on an Internet platform is public. Here, one party is the consumer, who receives the rights granted by the Internet platform. The second party is an entrepreneur who owns the rights to the Internet platform. Some smart contracts are not public contracts. For example, those that are arranged inside the Internet platform. In particular, this is a contract for the sale of NFTs. It is proposed to supplement the Civil Code of Ukraine. It is necessary to add provisions on smart contracts to it. These norms should be contained in the general provisions of the contract. Internet platforms for the sale of goods can mediate in the settlement of the dispute. They contribute to establishing contact and dialogue between the parties. This contributes to the protection of consumer
Open access
Digital Transformation in Law
Ukrainian Legal and Forensic Studies
Legal, Health, Environmental and COVID-19 Challenges
Introduction. The emergence of new technologies poses to the Russian legislator a number of complex issues that require rapid and high-quality study, since successful or, conversely, unsuccessful legal regulation of certain processes can promote or hinder their development. These are currently digital technologies and, as their separate element, the metaverse, which exists through the operation of a system of distributed registries, smart contracts, and primary accounting units – tokens. In this regard, the purpose of this publication is to consider the current state and certain aspects of improving the legal regulation of the metaverse and the turnover of a particular type of token, namely the non-fungible token (NFT). Methods. The research is based on the application of logical and dialectical techniques and methods of scientific cognition, comparative legal and legal-technical analysis of texts of normative acts, and materials of law enforcement practice. As a result of the research, the features of the functioning of metaverses as a symbiosis of the real, virtual, and imaginary worlds were considered. The introduction of such technologies into civil circulation, including the sphere of maritime transportation, can significantly improve the quality of legal protection of the rights and interests of subjects involved in these relations. The results of the review became the basis for the following conclusion: the Russian Federation is at the initial stage of the formation of metaverses on its territory, including the issue of legal regulation of such phenomena. In this connection, and taking into account the geopolitical situation, it was proposed by the state forces, with the involvement of the largest Russian transport organizations, on the basis of a public-private partnership, to accelerate the creation of such systems, including regulations in this area, both within Russia and at the regional and international level within the framework of the EAEU and BRICS.
Introduction. This article discusses the problem of the lack of special legislative regulation of the institution of smart contracts, which is expressed, among other things, in the absence of a definition of the concept of a smart contract and a distributed ledger of transactions (blockchain) in the law. The authors made an attempt to identify the presence of negative effects on legal relations due to the presence of a legislative gap in the regulation of this institution. Materials and methods. As part of the research, the author uses both general and specific scientific research methods. When studying the issue of the origin of the institution of smart contracts, the authors use the historical method, and when considering the issue of the existence of a gap in the legislative regulation of the institution of smart contracts in domestic law, they use the comparative legal method of scientific knowledge. Results of the study. The authors come to the conclusion that one of the main problems currently existing in the field of legal regulation of smart contracts is the lack of special regulation of this institution, as well as the lack of legislative recognition of the concept of a smart contract and a distributed registry of transactions. The identified problems create obstacles to the development and application of the institution of smart contracts in civil law relations. Discussion and conclusions. The study showed that the simplest solution to eliminating the regulatory gap of the smart contract institution is to legislate the concept of a smart contract and a distributed transaction registry in the wording proposed in the draft Law on the Central Federal District, which will make the use of this institution more attractive for participants in civil legal relations and will contribute to the development the specified institute.
Ensuring the privacy in smart contracts is critical to the success of the technique. Adequately testing privacy in smart contracts is a practical and effective way for ensuring the privacy. In this research, we experimented with a new approach that leverages the capacity of generative AI for automated testing privacy in blockchain based smart contracts. Generative AI tool ChatGPT was used for modeling privacy in smart contracts and producing tests according to the generated privacy model. The capacity of ChatGPT could have the potential for producing relatively comprehensive privacy requirements and adequate tests. We implemented a smart contract for managing real estate investment in Solidity based on the Ethereum blockchain platform and demonstrated the procedure and effectiveness of the proposed approach.
Artificial Intelligence and Smart Contracts are two cutting-edge technological achievements of the so-called 4th Industrial Revolution era. Both have already had a significant impact on various aspects of modern life, including transactions, and each one has already been under scientific investigation. Instead, their interaction has not become the subject of a debate, although it can further (positively) affect the transactions. This interconnection takes place through specific mechanisms, called Oracles, which can be, among others, highly sophisticated Artificial Intelligence systems (autonomous systems). The present article aims to present the role of the Artificial Intelligence Oracles throughout the ‘smart contractual procedure’, as well as to shed light on the potential (new) legal issues this interconnection may raise. The main result of this article is to indicate the appropriate legal directions in case of Artificial Intelligence Oracles’ failures, based on the most prevalent current approaches to AI's (the user's) contractual and/or non-contractual liability. The major research's conclusion is that the Artificial Intelligence Oracle's failures may result in one of the following situations: (a) breach of a (smart) contract, (b) unjust enrichment, (c) conclusion of a (voidable) smart contract that should not have been concluded, or (d) non-conclusion of a smart contract that should have been concluded. The responsibility of each person participating in the ‘smart contractual procedure’, i.e. the contractual parties, the blockchain platform and the Artificial Intelligence user/owner (or even the Artificial Intelligence system itself), as well as the AI provider or designer, is examined in each of the afore-mentioned situations separately. Given that legislative initiatives have already begun, the present article aspires to contribute to the consistent address of the newly raised legal issues.
Oct 4, 2023·Перспективные подходы к внедрению передового опыта и его практическому применению: сборник статей международной н аучной конференции (Петрозаводск, Сентябрь 2023).
В научной статье затрагиваются проблемы правового регулирования смарт-контрактов в действующем гражданском праве. Актуальность работы заключается в том, на данном этапе глобальной цифровизации происходят изменения и в гражданских отношениях, которые требуют своевременного формирования правовой базы. The scientific article touches upon the problems of legal regulation of smart contracts in the current civil law. The relevance of the work lies in the fact that at this stage of global digitalization, there are changes in civil relations that require the timely formation of a legal framework.
The European Union Regulation 2022/858 of 30 May 2022 establishes a pilot regime for market infrastructures based on distributed ledger technology. The Pilot Regulation is part of the 2020 Digital Finance Strategy whose objective is for the European Union to embrace the digital revolution and to benefit consumers and business. This article analyses the reasons of this new regulatory option and why this represents a different paradigm of legislation, considering first some advantages, risks and challenges that applying distributed ledger technology in financial markets can encounter. Moreover, this article examines the content of the EU Pilot Regulation with a critical perspective, comparing the previous proposal of Regulation with the current Pilot Regulation which enters into force mainly in March 2023. Significance of this Pilot Regulation could be enhanced if it coordinates with other policy goals such as sustainability and transparency set by the EU legislator. Lacking that coordination, this Pilot Regulation could be perceived as a miss opportunity to foster a digital and green financial markets transition.
Blockchain is an innovative technology that allows for a more efficient life for people, through a variety of actions, including enabling trustworthy transactions and reducing operating costs. In relation to Blockchain, Smart Contracts have emerged, revolutionizing the field of contracts. There are great expectations surrounding these technological advances for various sectors such as finance or registration. However, despite the obvious benefits, some obstacles are being identified regarding compliance with regulations on personal data protection in the service of smart contracts, specifically in relation to privacy/confidentiality controls and the right to be forgotten due to the governing principles of Blockchain. Throughout the course of this paper, we will analyze the different facets that arise within the presented issue, as well as explore various global scenarios and the regulations, doctrine, and jurisprudence, both from Argentina and internationally, in order to envision potential solutions to the identified problems. It is our duty as legal professionals to delve into the revolutionary and disruptive technologies that are currently emerging, so that they can be used as allies both in the daily lives of citizens and in more complex scenarios. Furthermore, we must anticipate potential problems that may arise regarding their use in order to effectively address them.
A smart contract is computer protocol intended to digitally facilitate, verify, or enforce the negotiation or performance of contract. Smart contract allows the performance of credible transaction without any third party. Smart contracts are designed to provide safeguards against traditional contract law and reduce the transaction costs associated with the performance of contracts. From the perspective of private law, considering the reliance relationship between the members of smart contracts, the nature of smart contracts is similar to the relational contracts. Smart contracts have become a new transaction type which is a combination of contract conclusions and contract performances. That is why smart contracts caused the huge impact on the traditional contract law theories, but this is still not enough to deny the legitimacy of private law remedies for smart contracts. By constructing the framework of private law remedies which is focused on the reliance interest protection, the synchronous development of law and technology will be promoted.
The Russian penitentiary system is a large diversified industry with a total annual output of goods, works and services worth more than 30 billion rubles. The process of integrating such a manufacturer into the national digital economic system requires a special set of tools, one of which, in the author’s opinion, is a smart contract. The object of the study is the sphere of labor adaptation of convicts, subject is digital tools to improve efficiency of production processes and relations in the penitentiary system. The article studies the use of smart contracts as one of the promising directions for improving economic activity of correctional institutions and optimizing the contracting system. As a result of the study, the author concluded that it is advisable to develop smart contracts as a tool to strengthen and develop economic potential of the penitentiary system, and also suggested possible directions of its practical application.
Blockchain tehnologija ima razne uporabe te predstavlja značajan razvoj IT tehnologija. Ovaj završni rad počinje s uvodom u osnove i povijest blockchain tehnologije, raznih vrsta blockhaina te kratkim objašnjenjem za način rada i strukture blokova na blockchainu. Iduće nam je predstavljena uloga Ethereum platforme u razvoju blockchaina te načini vođenja transakcija, njihovu cijenu te sigurnosne mjere da spriječe zlouporabu usluga. Također kroz ovaj rad smo upoznati s jednim od najznačajnijih inovacija u blockchainu, mogućnost stvaranja i validacije ugovora putem mreže bez potrebe za trećom strankom za validaciju koristeći decentralizirane aplikacije (DApp). Konačno je pokazan razvoj decentralizirane aplikacije koristeći React razvoja sučelja za Solidity pametni ugovor postavljen na lokalnu mrežu pomoću HardHat alata te upravljanje tim ugovorom i uspostavom transakcija uz pomoć MetaMask digitalnog novčanika.
This chapter contributes to research on the issue of data double spending, or unauthorized secondary use of individuals&s; data. The chapter describes two solutions that provide decentralized marketplaces for individuals to share their health data for purposes of AI-driven health research – one that uses the Hyperledger Indy/Aries protocol – the ‘Self-Sovereign’ data marketplace – and the other an Ethereum-based solution – the ‘Ocean Protocol’ data marketplace. Based on an implementation of applications using both protocols, the chapter evaluates the strengths and weaknesses of each data marketplace vis-a-vis adherence to fair data processing principles and protecting individuals from data double spending. The chapter contributes to a clearer articulation of fair blockchain-based data processing and the issue of data double spending, an assessment of how well each solution addresses the issue, and possible directions for research aimed at preventing data double spending.
Digital Transformation in Law
Artificial Intelligence in Healthcare and Education
The role and significance of the cryptocurrency phenomenon is defined. The directions of criminal use of cryptocurrencies are outlined. Algorithms for the use of cryptocurrencies and illegal crypto markets by Russian criminals have been revealed. The prerequisites and features of the use of cryptocurrency mixers and tumblers for the purpose of concealing criminal cryptocurrency operations are disclosed. The decentralized service “Tornado Cash” and the directions of its criminal use are characterized. Modern ways of circumventing sanctions and avoiding sanctions pressure during the purchase of cryptocurrencies by Russian war criminals and hackers have been identified. The features of the functioning of centralized and decentralized cryptocurrency exchanges in the context of existing and probable restrictions on cross-border cryptocurrency payments and p2p transfers by Russians are detailed. The basic provisions of the EU law on AML were considered in order to introduce restrictions on the implementation of anonymous cryptocurrency transactions. The positive experience of Israel in combating the financing of terrorism with the help of cryptocurrencies is highlighted. The further directions of improvement of the mechanisms to prevent the use of cryptocurrencies for the purpose of supporting war criminals and financing terrorism have been identified, including within the framework of regulatory settlement.
This article discusses the legal nature and features of non-fungible tokens (NFTs). The legislation of the Republic of Armenia does not regulate relations with irreplaceable marks. This article presents the legal status of NFTs and their possible place among the objects of civil rights defined by Article 132 of the RA Civil Code. The process of tokenization and its connection with the right of ownership is analyzed. The norms of intellectual property legislation are analyzed, and it is concluded that the buyer of NFTs representing an object of intellectual property does not automatically acquire intellectual property rights to the object: these rights can be transferred to the buyer of NFTs through smart contracts or traditional legal instruments. The possibility of implementing smart contracts in Armenia is analyzed in the absence of special regulations for smart contracts.
Objective: In the ongoing digital era, digital rights are a major concern and demand measures to address challenges that encompass the management of effective law implementation. The following study aims at the contrivance and administration of international law to address digital rights. Method: Legal aspects of digital technology, also known as information technology law, is a practical field of law that has established a strong position among other legal fields in recent years, both in legal firms and educational institutions. Fresh technological advancements like massive data, the Web of Things, quantum computation, distributed ledger technology, and advanced formulas provoke inquiries concerning the governance of these technologies, such as the entitlements and safeguards that individuals possess or ought to possess. The growing utilization of electronic technologies by corporations and governments prompts various inquiries concerning the management of these technologies, specifically concerning the privileges and lawful safeguards individuals have a claim to. Result: The emphasis is primarily on the utilization and possible alteration of current (basic) entitlements. Nevertheless, the argument and lawful exploration in this domain needs a more extensive conversation regarding the novel entitlements that individuals ought to possess in the digital epoch. Occasionally, novel ideas emerge, like the concept of the 'right to erasure'. Conclusion: This piece of writing discusses the inquiry of what fresh, supplementary entitlements could be envisioned in the age of technology if we were to compose them anew, without being restricted to a predetermined collection of essential liberties. To initiate a more extensive lawful discussion on this matter, several novel entitlements for individuals in the electronic sphere are suggested.
The idea of smart healthcare assumes the implementation of integrated platforms based on the Internet of Medical Things to improve the quality of medical processes. An indispensable condition for the development of smart healthcare is ensuring the security of medical data. The article presents a framework for the implementation of cryptographic proof of smart contracts in healthcare systems. The proposed architecture implements secure procedures for processing Electronic Health Records (EHRs) based on an access control array. The cryptographic proof of smart contracts ensures the security of medical data processing and also allows for non-repudiation, enforceability, and accountability of digital agreements made between system actors. We developed an open data exchange format for EHRs stored in the blockchain based on a nested tree structure and the DOM interface. The article presents algorithms for creating, executing and validating smart contracts for processing medical data contained in EHRs. The proposed solutions were subjected to empirical tests and cybersecurity assessment in terms of threat and vulnerability analysis using the risk analysis method. Steps recommended by ENISA and elements of the methodology developed by NIST were used to develop a strategy for minimizing the identified threats and vulnerabilities.
Abstract This article adds to the debate on what, legally speaking, smart contracts are and what they should be. Currently, much of this debate focuses on the relationship between smart contracts and legal contracts, overlooking that other legal categories may also be appropriate. This article suggests that the concept of abandonment can be fruitfully applied to smart contracts. Using the concept of abandonment has the advantage of allowing smart contracts, as close as legally possible, to be utilized as machines (or using the terminology suggested by Vitalik Buterin, founder of Etherium, as a ‘persistent script’). It would also make other issues, like the interpretation of smart contracts, easier to deal with. The argument is not that smart contracts can never be legal contracts; rather, it is suggested that, prima facie, users should have the choice of utilizing smart contracts as legal contracts or as machines.
The rise of distributed ledger technology and the growth of the crypto-economy has led to the evolution of non fungible tokens from digital image rights authentication to utility solutions that allow consumers to benefit from the possession of rights in the community. The legal analysis of utilitarian non-fungible tokens leads to the need to apply the provisions of the law on utilitarian digital rights to tokenisation services. However, possessing the features of digital rights, utilitarian NFTs cannot always be the object of investment, which requires the exclusion of such tokens from the scope of regulation of the law on crowdfunding.