Blockchain Papers

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Jun 6, 2023·Modern Law Review
7 cites
A Legal Framework for Using Smart Contracts in Consumer Contracts: Machines as Servants, Not Masters

Mateja Đurović, Chris Willett

Smart contracts, as a newly developed technology, may radically re‐shape traditional contractual relationships, transferring the power to perform and enforce from contractors to robots. This paper provides a framework which seeks to ensure that this transfer of power does not undermine vital consumer law values. The starting point is the well‐accepted idea of consumer law being based on values aiming to protect consumers as weaker parties in their relationships with traders and this will be built on using various new arguments. First it will be argued that any brave new world of smart contracts will still need the law to provide the sorts of rights it already does: smart contracts may enhance data preferences and improve choice up to a point, but they cannot produce market choices replacing the need for such legally mandated rights. Next it will be shown that to reflect underpinning protection values, some such rights must operate in particular ways. This includes rights concerning information and contract cancellation, conformity standards, remedies, and unfair terms: ‘time sensitive’ rights that must be available at certain stages of the relationship.

Open access
European and International Contract Law
Digital Transformation in Law
Law, AI, and Intellectual Property
Original source
Jun 1, 2023·Северо-Кавказский юридический вестник
0 cites
LEGAL REGULATION OF CHANGES AND TERMINATION OF A SMART CONTRACT UNDER THE LEGISLATION OF THE RUSSIAN FEDERATION

Южно-Российский институт управления – филиал Российской академии народного хозяйства и государственной службы при Президенте РФ, Ростов-на-Дону, Россия, Шатковская Татьяна Владимировна, Ростовский государственный экономический университет (РИНХ), Ростов-на-Дону, Россия, Евстафьева Алина Александровна · 5 authors

The article is aimed at developing practical recommendations for overcoming the problems of changing and terminating smart contracts due to gaps in their legislative regulation. The authors analyze the possibility of applying the general provisions for changing and terminating the contract, enshrined in Chapter 29 of the Civil Code of the Russian Federation, to a smart contract. The article proposes legal mechanisms for changing and terminating a smart contract. The authors conclude that now, when changing and terminating a smart contract, it is not enough to rely on the general provisions of the Civil Code of the Russian Federation, there is an urgent need to solve this problem both through legislative changes and by developing practical mechanisms for implementing existing grounds and methods.

Open access
Digital Transformation in Law
Security, Politics, and Digital Transformation
Legal and Policy Issues
Original source
Apr 30, 2023·JURNAL CITA HUKUM
1 cites
Mining of Cryptocurrencies: Analysis of Law Enforcement Practice and Problem Solving in Legal Regulation

Svetlana Muradyan, Natalia Mikhaylenko, Анна Владиленовна Скачко, Yulia Ivanova · 6 authors

Despite the enormous popularity of mining worldwide, which entirely objective reasons have caused, there remains a dissonance in States' approaches to its legal regulation. One of the reasons is that the legal regulation of blockchain technologies in different countries goes completely different ways. In fact, mining is a process of generating cryptocurrencies, as a result of which a new suitable block of transactions is added to the blockchain, and coins are issued. Therefore, to regulate such a process as mining, the legislator needs to create a holistic legal framework regulating the turnover of digital assets in the state.

Open access
Digital Transformation in Law
Security, Politics, and Digital Transformation
Original source
Apr 27, 2023·Economics and Law
0 cites
LEGAL NATURE OF A SMART-CONTRACT AND ISSUES OF ITS APPLICATION IN THE FIELD OF DIGITAL ASSETS

Катерина Георгіївна Некіт

The article looks into the concept and legal nature of smart contracts, as well as the issues that arise during the use of smart contracts in the field of digital assets. The technical and legal aspects of the concept of a smart contract are considered. Models of use of smart contracts are described. Scientific and legislative approaches to determining the legal nature of smart contracts are presented. The dual legal nature of a legal smart contract is analyzed: as a form of transaction and an object of copyright. Some issues in the field of protection of the rights of smart contract parties are considered. Based on the findings, temporary solutions in the field of using smart contracts are proposed.

Open access
Security, Politics, and Digital Transformation
Digital Transformation in Law
Blockchain Technology Applications and Security
Original source
Apr 20, 2023·Juridical world
0 cites
Subjectivity as the Main Scientific Problem of “Digital Law”: Development of a Hypothesis

Vladislav V. Arkhipov

Digital law is a polysemous phrase widely used in contemporary legal studies. From the point of view of analytical jurisprudence, its central meaning is defined by the “pervasive digital technologies” (artificial intelligence, distributed ledger systems, etc.). Doctrinal understanding of the problems of digital law requires the identification of a universal problem, as which the article proposes as a hypothesis the problem of agency in the broad sense of the word. The approach can be argued deductively and inductively. From the deductive point of view, agency is the central problem of the general filed of the philosophy of law and, as such, it should also be seen in specific fields of knowledge. From the inductive point of view, in the main specific problems of certain “pervasive digital technologies” there is a common feature of their connection with the problem of agency, which is demonstrated in the article on the basis of the technology of artificial intelligence. Confirmation of the hypothesis of subjectivity as the main problem of digital law (or an academic convention regarding such a hypothesis) will mean the existence of a general doctrinal principle to be taken into account in various forms of law-making and lawenforcement activities in cases where the formal-legal method cannot be applied due to objective circumstance.

Digital Transformation in Law
Security, Politics, and Digital Transformation
Legal and Policy Issues
Original source
Apr 14, 2023·CEUR Workshop Proceedings, Vol-3373: Proceedings of the 4th International Workshop on Intelligent Information Technologies & Systems of Information Security with CEUR-WS
0 cites
Practical Implementation of Smart Contracts for Payment of Digital Goods

Liliia Shumyliak, Ľuboš Cibák, С. Е. Остапов, Abdel-Badeeh M. Salem · 5 authors

Smart contracts built on blockchain technology are changing the way traditional industries and businesses operate. They allow the terms of an agreement to be automatically executed without the need for a middleman, leading to decreased administration costs, more efficient processes, and reduced risks. This article is focuses on the practical implementation of smart contracts. It discusses the benefits of using smart contracts for companies, including increased security and transparency, reduced transaction costs, and automation of contractual processes. The article also describes the key elements of a smart contract, provides a description of the implementation of smart contracts on the online market of digital goods, and presents the developed algorithm of the system operation.

Open access
Digital Transformation in Law
Security, Politics, and Digital Transformation
Economic and Technological Systems Analysis
Original source
Apr 3, 2023·The Review of Socionetwork Strategies
20 cites
Review and Comparison of US, EU, and UK Regulations on Cyber Risk/Security of the Current Blockchain Technologies: Viewpoint from 2023

Petar Radanliev

<p>The first cryptocurrency was invested in 2008/09, but the Blockchain-Web3 concept is still in its infancy, and the cyber risk is constantly changing. Our cybersecurity should also be adapting to these changes to ensure security of personal data and continuation of business for organisations. This review paper starts with a comparison of existing cybersecurity standards and regulations from the National Institute of Standards and Technology (NIST) and the International Organization for Standardization (ISO) - ISO27001, followed by a discussion on more specific and recent standards and regulations, such as the Markets in Crypto-Assets Regulation (MiCA), Committee on Payments and Market Infrastructures and the International Organisation of Securities Commissions (CPMI-IOSCO), and more general cryptography and post-quantum cryptography, in the context of cybersecurity. These topics are followed up by a review of recent technical reports on cyber risk/security and a discussion on cloud security questions. Comparison of Blockchain cyber risk is also performed on the recent EU standards on cyber security, including European Cybersecurity Certification Scheme (EUCS) – cloud, and additional US standards – The National Vulnerability Database (NVD) Common Vulnerability Scoring System (CVSS). The study includes a review of Blockchain endpoint security, and new technologies e.g., IoT. The research methodology applied is a review and case study analysing secondary data on cybersecurity. The research significance is the integration of knowledge from the United States (US), the European Union (EU), the United Kingdom (UK), and international standards and frameworks on cybersecurity that can be alighted to new Blockchain projects. The results show that cybersecurity standards are not designed in close cooperation between the two major western blocks - US and EU. In addition, while the US is still leading in this area, the security standards for cryptocurrencies, internet-of-things, and blockchain technologies have not evolved as fast as the technologies have. The key finding from this study is that although the crypto market has grown into a multi-trillion industry, the crypto market has also lost over 70% since its peak, causing significant financial loss for individuals and cooperation’s. Despite this significant impact to individuals and society, cybersecurity standards and financial governance regulations are still in their infancy.</p>

Open access
4 source records
Blockchain Technology Applications and Security
Cybercrime and Law Enforcement Studies
Information and Cyber Security
Original source
Mar 31, 2023·Вестник Восточно-Сибирского института МВД России
1 cites
APPROACHES TO TAXATION OF CRYPTOCURRENCIES AND CRYPTOCURRENCY TRANSACTIONS IN THE LAWS OF SELECTED FOREIGN COUNTRIES

А.П. Перетолчин

Введение: Современные технологии меняют экономические отношения в обществе и постепенно трансформируют мировую правовую и законодательную практику. Криптова-люты, существующие на базе технологии блокчейн, являются одним из самых перспективных направлений развития глобальной финансовой системы. Несмотря на широкое признание криптовалюты в качестве платежного средства крупными корпорациями и организациями, многие государства только начинают внедрять решения по регулированию их использования, в том числе с точки зрения налогообложения. Вместе с тем в настоящее время отсутствует единый подход к налогообложению криптовалютных транзакций в рамках единого экономи-ческого пространства, и возникает вопрос о том, необходим ли единый подход, учитывая при-меры отдельных государств и существующие политические реалии. В данной научной статье автором проведен сравнительно-правовой анализ существующих подходов к налогообложению криптовалюты в законодательстве отдельных зарубежных стран. Отражены актуальные нововведения, которые могут быть использованы для разработки и совер-шенствования отечественного регулятивного подхода. Материалы и методы: нормативную основу исследования образуют Конституция Российской Федерации, отечественные и зарубежные локальные нормативные акты, регламен-тирующие правовой статус цифровых валют и цифровых финансовых активов, а также фор-мулирующие основные подходы к налогообложению операций, осуществляемых с использо-ванием криптовалют. Методологической основой исследования послужил общий диалектиче-ский метод научного познания, носящий универсальный характер, также методы логической дедукции, индукции, познавательные методы и приемы наблюдения, сравнения, анализа, обобщения и описания. Результаты исследования: позволили выявить существующие в мировой практике тен-денции и подходы к правовому регулированию криптовалют, как объекта налогообложения, уточ-нить отдельные положения нормативных правовых актов Российской Федерации и зарубежных государств, относящиеся к обороту цифровых валют и цифровых финансовых активов. Выводы и заключения: положительный опыт законодательной регламентации нало-гообложения криптовалютных активов в зарубежных странах может быть использован для дальнейшего развития и совершенствования отечественного подхода. Introduction: Modern technology is changing economic relations in society and gradually transforming global legal and legislative practices. Cryptocurrencies based on blockchain technology are one of the most promising developments in the global financial system. Despite the widespread acceptance of cryptocurrencies as a means of payment by large corporations and organisations, many states are just beginning to implement solutions to regulate their use, including in terms of taxation. However, there is currently no uniform approach to the taxation of cryptocurrency transactions within a single economic space, and the question arises as to whether a uniform approach is necessary, given individual state examples and current political realities. In this research paper, the author conducted a comparative legal analysis of existing ap-proaches to the taxation of cryptocurrencies in the legislation of some foreign countries. The current innovations that can be used to develop and improve the domestic regulatory approach are reflected. Materials and Methods: The normative basis of the study is the Constitution of the Russian Federation, domestic and foreign local regulations governing the legal status of digital currencies and digital financial assets, as well as formulating the main approaches to the taxation of transactions carried out with the use of cryptocurrencies. The methodological basis of the study is the general dialectical method of scientific knowledge, which is universal in nature, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, gener-alization and description. The Results of the Study: allowed to identify existing global trends and approaches to the legal regulation of cryptocurrencies as an object of taxation, to clarify certain provisions of regulatory legal acts of the Russian Federation and foreign countries relating to the circulation of digital curren-cies and digital financial assets. Findings and Conclusions: the positive experience of legislative regulation of taxation of cryptocurrency assets in foreign countries can be used for further development and improvement of the domestic approach.

Security, Politics, and Digital Transformation
Digital Transformation in Law
Original source
Mar 27, 2023·Bulletin of scientific research results
1 cites
Special Instruments to Reveal and Resist Unfair Practices with Cryptocurrencies and Digital Financial Assets

Aleksandr Korinnoy

Purpose: The article discusses conceptually new approaches to resist using cryptocurrencies and electronic payment means in unfair practices. As a result, it was found that all of them are aimed at revealing suspicious transactions and deanonymized individuals involved in illegal activities. The conclusion is substantiated that information and analytical systems constitute promising special tools for effective control of cryptocurrency market and blockchain networks. The research theoretical basis comprises scientific publications of the experts specialized in the issues of involvement, blockchain technology, distributed registries and cryptocurrencies at the investigation of crimes as well as foreign software tools, applied in the field of blockchain networks security. Methods: In the research, the author relies on deduction, generalization, synthesis and system analysis methods. Results: Determination of the capabilities of foreign and domestic software special tools in the field of virtual wallet providers and exchange operators (such as “crypto-currency brokers’ board”, etc.). Practical significance: The mechanism of functioning of special software tools for deanonymization of transactions in order to resist the use of cryptocurrencies and payment electronic means in unfair practices is presented.

Open access
Security, Politics, and Digital Transformation
Digital Transformation in Law
Legal Studies and Reforms
Original source
Mar 24, 2023·Финансовые исследования
1 cites
FINANCIAL LITERACY AS A TOOL TO PROTECT INVESTORS IN THE CRYPTOCURRENCY MARKET

Svetlana S. Galazova

Актуальность темы исследования. Несформированность правового регулирования, угрозы вовлечения в финансовые пирамиды не вполне типичны для традиционных финансовых инструментов. В связи с этим, а также учитывая масштабы инвестиций в криптовалюту, актуализируется задача разработки мер по защите инвесторов, поскольку существующие на финансовом рынке институты и инструменты защиты не действуют на рынке криптовалют из-за регуляторной неопределенности. Постановка проблемы. Универсальным инструментом защиты инвесторов на рынке криптовалют является финансовая грамотность. Однако исследования эффективности программ повышения финансовой грамотности выявили в среднем малый эффект их воздействия на финансовое поведение. В связи с этим возникает вопрос о принципах и способах организации программ повышения финансовой грамотности в области криптовалют. Цель исследования. Статья посвящена анализу возможностей использова-ния программ по повышению финансовой грамотности населения в целях защиты инвесторов на рынке криптовалют. Результаты. Выделены и раскрыты риски инвесторов в операциях с криптовалютой: рыночные, регуляторные и риски мошенничества; изложены подходы, объясняющие участие населения в криптовалютных пирамидах; определены правовые условия для российских инвесторов, вкладывающих средства в криптовалюту; проведен обзор результатов исследований, посвященных влиянию программ повышения финансовой грамотности на финансовое поведение населения. Ключевые выводы. Разработаны предложения по организации повышения финансовой грамотности в области криптовалют. Такие программы должны быть сфокусированы только на тематике операций с криптовалютой, а к участию в них следует привлекать заинтересованных и мотивированных граждан, выбор которых может быть осуществлен на основе составления социально-демографического портрета инвестора, вкладывающего средства в криптовалюту. Relevance of the research topic: unformed legal regulation, threats of involvement in financial pyramids are not quite typical for traditional financial instruments. In this regard, and given the scale of investments in cryptocurrency, the task of developing measures to protect investors is actualized, because the existing financial market institutions and protection tools do not work in the market of cryptocurrencies because of the regulatory uncertainty. Statement of the problem: Financial literacy is a universal tool to protect investors in the cryptocurrency market. However, studies of the effectiveness of financial literacy programs have revealed on average a small effect of their impact on financial behavior. This raises the question of the principles and ways of organizing financial literacy programs in the field of cryptocurrencies. The aim of the study: to analyze the possibilities of using financial literacy programs to protect investors in the market of cryptocurrencies. Results: the risks of investors in transactions with cryptocurrency are highlighted and disclosed: market, regulatory and fraud risks; approaches explaining the participation of the population in cryptocurrency pyramids are outlined; legal conditions for investors in cryptocurrency in the Russian market are determined; the review of the results of research on the impact of financial literacy programs on the financial behavior of the population is conducted. Key conclusions: proposals for the organization of financial literacy in the field of cryptocurrencies were developed. Such programs should be focused only on the topic of cryptocurrency transactions, and interested and motivated citizens should be involved in them, the choice of which can be carried out on the basis of the socio-demographic portrait of a cryptocurrency investor.

Open access
FinTech, Crowdfunding, Digital Finance
Security, Politics, and Digital Transformation
Digital Transformation in Law
Original source
Mar 24, 2023·Lex Russica
5 cites
Legal Status of Decentralized Finance: Towards the Articulation of Issue

E. L. Sidorenko

The paper discusses the issues of legal regulation of decentralized financial services (DeFi). The purpose of the work is to form a systematic understanding of the direction and scope in which they can be regulated based on the DeFi technological features and the nature of the relationships that arise between digital platforms and their users. The methodological basis of the study is determined by the range of tasks and is focused on the analysis of decentralized finance simultaneously in technological, socio-cultural, political and legal aspects. Structural functional, taxonomic, constructive, situational, innovative, targeted and program-targeted methods form the complexity of the study. Taken together, they allowed us to study DeFi in their systemic unity and formulate the following conclusion. Decentralized finance is an independent model of finance organization both in terms of a set of technical characteristics (the use of distributed registry technology, smart contract protocols, oracles, etc.) and in terms of the nature of relations between the parties (horizontal P2P communications). The identified features allow us to consider them as a separate object of legal regulation. At the same time, it is important to take into account that the matrix of DeFi regulation at the national and international levels should be built in accordance with their taxonomy and assume simultaneous balanced consideration of technological features and product affiliation of services. The legal regulation of decentralized finance in the Russian Federation should primarily be focused on minimizing the risks associated with user identification, as well as determining the legal status of decentralized autonomous societies (DAOs), organizing centralized examination of protocols and preventing cyber attacks.

Open access
Security, Politics, and Digital Transformation
Digital Transformation in Law
Digital Platforms and Economics
Original source
Mar 23, 2023·Lex Russica
4 cites
Failed Technological Revolution in Contract Law: Apologetics of the Contract Traditionalist Interpretation

Д. Е. Богданов

Technodeterminism determines the main task for civil law when solving issues related to blockchain technologies and smart contracts. This task is connected with the search for answers to the question of the need to amend civil legislation in order to adapt it to new technological challenges or about the possibility of effective application of existing legal norms to the regulation of innovative civil relations. In the doctrine, there is a hypertrophied attitude towards blockchain and smart contract technologies. The standing exists that due to smart contracts, trust in people is replaced by trust in the code. Eschatological predictions were made about the beginning of the end of classical contract law, about emergance of «contract law 2.0». The paper states that the digital code will not be able to replace reality in the field of contractual relations. The revolution in contract law has not happened. Instead of the «revolutionary path» highlighted by some authors, there is a gradual evolutionary development of ideas about a civil contract. The civilistic doctrine has responded to technological challenges by becoming rhizomorphic in its interdisciplinarity, trying to comprehend the legal phenomena associated with the digitalization of public relations. The «ideological core» of the civil doctrine, the «core» of the concept of the contract, remained untouchable. A legal smart contract has remained a speculative phenomenon from a parallel reality, a simulacrum. The Russian and foreign doctrines are dominated by the traditional interpretation of a civil contract, since the concept of a legal smart contract is not able to solve the problem of its incompleteness. From the perspective of futurological perspective, it can be assumed that the traditional approach to the contract will retain its significance, and the digital code will have only an auxiliary, servicing value for the contract.

Open access
Digital Transformation in Law
Law, AI, and Intellectual Property
Law, Economics, and Judicial Systems
Original source
Mar 21, 2023·Edward Elgar Publishing eBooks
0 cites
Smart contracts and cartel law

Salil K. Mehra

This brief chapter focuses on smart contracts and cartel law. It argues that smart contracts have the potential to unsettle competition law. They are a step in an ongoing process of technological evolution, from enterprise-software powered big-box store chains, to Web 1.0 e-commerce, to algorithmic competition, and ultimately to further stages we cannot yet imagine. As markets and their substitutes and complements evolve, so too must competition law, if it is to continue to serve consumer welfare and the public interest.

European and International Contract Law
Digital Transformation in Law
Law, AI, and Intellectual Property
Original source
Mar 4, 2023·Journal of International Economic Law
15 cites
Blockchain and its Applications: A Conceptual Legal Primer

Ross P. Buckley, Anton N. Didenko, Mia Trzecinski

ABSTRACT Blockchain is a potent buzzword and a potentially transformative technology. Diverse businesses are looking to leverage this technology to reap its alleged benefits of increased efficiency, reduced costs, enhanced transparency, and improved traceability. Yet, significant confusion persists about the structure, utility, and applicability of blockchain technology. A clear understanding of what blockchain is and how it works is especially important for lawyers advising clients on the applications that use, or purport to use, it. This article aims to assist lawyers and regulators by providing conceptual clarity about what blockchain is, how it works, and its main use cases. These use cases include smart contracts, cryptoassets, and some central bank digital currencies. These applications may transform business practices, or even entire monetary and payment systems, so conceptual clarity among lawyers will only become more vital.

Blockchain Technology Applications and Security
Digital Transformation in Law
Original source
Feb 24, 2023·2023 2nd Edition of IEEE Delhi Section Flagship Conference (DELCON)
6 cites
The Role of Integrating Blockchain, Digital Signature, and Cloud Computing for Robust Smart Contract Structuring

Kanishka Vaish, Vaibhav Uniyal, Samta Kathuria, Ankur Dumka · 6 authors

Technology development has been metamorphosis due to blockchain technology being introduced in nearly the last ten years. Public acceptance remained a huge challenge due to security threats, by integrating a more secure decentralized form of ledger these issues can be addressed efficiently. Smart contracts are pre-programmed contract layouts that are self-executed and self-enforceable when the pre-set conditions are triggered without the intervention of any third party. This is non-empirical research conducted by reviewing various research work and gaps in their research to understand the role and challenges faced by smart contracts to become a working model and further, analyzed integration of various technologies namely blockchain, digital signature, and cloud-computing to build smart contracts to simplify the execution of traditional contracts which will entirely reform the present legal system. Issues such as rigidity from any alteration, uncontrollability, and difficulty to understand the coded language by ordinary prudent men of any smart contract are considered in this study. Finally, this research paper has elaborated on the process of execution of smart contracts and technology intervention at each stage, with a detailed explanation of the process of formation of smart contracts. It also aims to make some recommendations for further improvement of smart contracts. In future, the author aims to take this research ahead by examine the practical working model of smart contracts and their fallbacks.

Blockchain Technology Applications and Security
FinTech, Crowdfunding, Digital Finance
Digital Transformation in Law
Original source
Feb 1, 2023·Налоги и налогообложение
1 cites
Legal regulation of income taxation of individuals on transactions with digital rights (cryptocurrencies)

Semen Konstantinovich Titorenko

The author discusses the features of the legal regulation of taxation of transactions of individuals with digital rights in the Russian Federation. As a result of the study, the author identified a gap in the legal regulation of taxation of digital rights in the Russian Federation, when determining the system of tax benefits for transactions with digital rights. Public relations arising in connection with the turnover of digital rights are regulated by the Civil Code of the Russian Federation, while neither legislation nor law enforcement practice has been defined, the specifics of taxation of income of individuals on transactions with digital rights. In this connection, it is necessary to highlight the features of the legal regulation of taxation of income of individuals on transactions with digital rights and determine whether these features are applicable to the legal regulation of taxation of income of individuals on transactions with digital rights in the Russian Federation. The problem is that in the legislation of the Russian Federation there is no legal regulation of taxation of income of individuals on transactions with digital rights. The goal go the research is to investigate the experience the foreign legislation and regulatory legal regulation of the Russian Federation and to identify the problems of legal regulation of taxation of income of individuals on transactions of individuals with digital rights. Scientific novelty of the research lies in fact that previously, no research has been conducted on the application of tax benefits in the legal regulation of taxation of personal income on transactions with digital rights.

Open access
Legal and Policy Issues
Security, Politics, and Digital Transformation
Digital Transformation in Law
Original source
Jan 9, 2023·The Digital Revolution in Banking, Insurance and Capital Markets
5 cites
Smart contracts and artificial intelligence

Magdalena Dziedzic

Smart contract technology and artificial intelligence are reshaping the conventional industry and business processes, in particular financial businesses. Being embedded in blockchains, smart contracts allow the contractual terms of an agreement to be enforced automatically, without the intervention of a third party whom the parties trust. As a consequence, smart contracts can limit administration and save costs, increase the efficiency of business processes and lower risks. Smart contracts may drive the new wave of innovation in business processes, though, there are a number of issues to be tackled. Artificial intelligence (AI) techniques are being increasingly deployed in finance, in areas such as algorithmic trading, credit underwriting, finance based on blockchain, or asset management. The deployment of AI in finance is enabled by more and more affordable computer capacity as well as an abundance of available data. Undoubtedly, the digital revolution poses new challenges for humans, in particular the need to create new institutions and legal tools that would be able to keep up with new technologies. Both smart contracts and AI are used in many areas of the economy, more and more recently also in the capital market, causing a number of discussions concerning, in particular, their legal aspects.

Blockchain Technology Applications and Security
Digital Transformation in Law
European and International Contract Law
Original source
Jan 2, 2023·Kutafin Law Review
2 cites
Cryptocurrencies Turnover and Forensic Analysis of the Mechanism of Committing Crimes

Svetlana P. Kushnirenko, A. G. Kharatishvili

Criminalistics and forensics need rapid development to keep up with the changes in the society that are caused by dramatic changes in information and telecommunication technologies. The paper addresses the issue of including a new subject related to the turnover of cryptocurrencies in criminalistic analysis. Investigative and court practice show that when crimes are committed cryptocurrency can be an object of the offense (e.g., in theft) or can be used by offenders in the mechanism of a crime (e.g., legitimization of proceeds of crime by cashing in). To successfully investigate such crimes, it is necessary to study the mechanism of formation in the cryptocurrency transactions used by criminals in order to provide scientific recommendations to law enforcers concerning detection, fixation, seizure and investigation of traces of a crime. The development of effective tools in criminalistics forms a priority task at the present stage. The authors associate the specifics of the investigation of crimes related to the cryptocurrency turnover with its electronic nature, which determines the criminalistic recommendations proposed in the paper. Urgent training courses for investigators seem to be a reasonable solution to the problem. They can train investigators specializing in the investigation of such crimes, and their training (retraining) should involve the best experts in the field of IT technologies and experts from foreign jurisdictions where law-upholders have already accumulated experience in countering such crimes.

Open access
Digital Transformation in Law
Security, Politics, and Digital Transformation
Law, AI, and Intellectual Property
Original source
Jan 1, 2023·Journal of Intellectual Property Rights
9 cites
Artificial Intelligence and Blockchain: A Breakthrough Collaboration in IP Law

Gyandeep Chaudhary, Aditi Nidhi

Artificial Intelligence and blockchain technology now influence the intellectual property environment. For example, machine learning is now regularly used in trademark and patent searches in IP databases. Machine learning implementations in different IP areas, including patent tracking, copyright evaluation, and trademark comparisons, can now be seen more often. A vast range of LP notary implementations are proposed using blockchain technologies, and new networks emerge, using both AIs and blockchains to build new IP communities. The growth of such technology in LPP is mainly driven by the IT industries, particularly technology entrepreneurs. In the context of the non-registered IP rights such as copyright (which under the Berne Convention for the Protection of Literary and Artistic Works and in many jurisdictions is not registrable) and unregistered design rights, blockchain technology can play an important role, too, because it can prove its conception, use and qualification (for example the countries where the design was first marketed and originality). Uploading the author or creator’s work and design data into a blockchain would produce a time-stamped record and solid proof of originality.So, IPO has laid the groundwork for the technology’s fusion into the IP ecosystem. Several other possible uses include ledger management, the creation of a monitoring authority to track the use of IP properties in the market and commercialization for investors via a bidding system. It will provide innovators with a centralized, government-backed market to attract investors and technology titans.

Open access
Law, AI, and Intellectual Property
Digital Transformation in Law
European and International Contract Law
Original source
Jan 1, 2023·Economics taxes & law
0 cites
The Legal Status of Cryptocurrencies as an Element of the Digital Ecosystem

М.В. Демченко

The subject of the study is regulatory legal acts regulating the use of cryptocurrencies. The object of the study is a set of legal and regulatory rules that determine the mode of using cryptocurrencies in Russia and foreign countries. The purpose of the work is based on a comprehensive analysis of the scientific works of leading scientists and practitioners, Russian and foreign judicial practice, legal experience of other states to consider the theoretical and legal foundations of the nature of cryptocurrency and mining, to analyze their legal status in modern Russian civil and information law, to put forward proposals to solve existing problems in the field of regulation of cryptocurrency and mining, and making international transactions using crypto assets. As a result of the study, conclusions were drawn that the definition of digital currency given in the Federal Law "On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation" requires adjustments, and the definition of a separate concept of cryptocurrency due to the fact that from the position of Article 128 of the Civil Code of the Russian Federation, it must be recognized as other property, and its consolidation in the system of civil rights is carried out by other legislative and other regulatory legal acts. In this approach to the interpretation of the concept of cryptocurrency, the agreement on the transfer of cryptocurrency in exchange for receiving other property has the legal nature of a barter agreement.

Open access
Security, Politics, and Digital Transformation
Legal and Policy Issues
Digital Transformation in Law
Original source
Jan 1, 2023·E3S Web of Conferences
1 cites
Digitization of government contract

Oleg Kovtonuik

The digital development in the Russian Federation is to a large extent reflected in the specific relationship that emerges in the procurement procedure for State and municipal institutions as a result of the contractual system in the area of procurement. The term «procurement» refers to the acquisition of goods, construction or services; it is the process of determining the need of a solvent audience, identifying the supplier (its search and choice), as well as concluding and executing the terms of the contract, whether delivery of the goods, Performance of the work or services required by the terms of the contract. The article provides a brief overview of the process of digitization of the contract system in the procurement section and details the features of the digitization of the public contract, identifies the specific nature of the contract in the context of digitization and identifies its shortcomings, opportunities for the use of smart contract technologies in the conclusion and execution of government contract were considered. Keywords: digital, contract, government contract, smart contract, blockchain, Smart contract, contract system, automation, EIS (also a single information system), electronic information platform, electronic document management system, electronic signature, EPC, electronic document, portal, procurement of goods and services, procurement.

Open access
Digital Transformation in Law
Security, Politics, and Digital Transformation
Law, AI, and Intellectual Property
Original source
Jan 1, 2023·Education and Science without Limits Fundamental and Applied Researches
0 cites
Detection of Vulnerabilities of Smart Contracts with the Model Based on Syntactic and Semantic Combined Learning

Kalvin Karuna

Detection of vulnerabilities in smart contracts is of great importance for protection of digital assets. Today many researches reveal the features of the contract code using deep learning, but often use a single form of code representation. This does not allow extracting the semantics and structure of the code fully to detect various vulnerabilities. The article proposes vulnerability detection model based on fusion of syntactic and semantic features. Using TextCNN tool and graph neural networks, it is possible to extract syntactic and se-mantic representation from the abstract syntactic tree and the graph of the contract control flow. Combining the features the model increases the detection accuracy and recovery rate for five types of vulnerabilities reaching the average accuracy of 95% and the recovery rate of 91% that ensures effective detection of smart contract vulnerabilities.

Economic and Technological Systems Analysis
Digital Transformation in Law
Impact of AI and Big Data on Business and Society
Original source
Jan 1, 2023·Law, governance and technology series
1 cites
Formation of Contracts

Jasper Verstappen

No abstract is available for this record.

Digital Transformation in Law
Blockchain Technology Applications and Security
Law, AI, and Intellectual Property
Original source
Jan 1, 2023·Science of Law Journal
0 cites
The Future of Civil Law: Legal Tech, Smart Contracts, and Automated Enforcement

Li Guo

This paper aims to study the impact of legal technology, smart contracts, and automated enforcement technology on the future civil law system. As technology continues to advance, the digital revolution is posing new challenges and opportunities to traditional civil law systems. The rise of smart contracts and automated enforcement technology will bring about revolutionary changes in contract law and liability law, thereby increasing the efficiency of legal services, reducing the risks of disputes, and providing a broader range of possibilities for the future legal system. This paper will analyze the potential of these new technologies and explore the legal, ethical, and security issues associated with them in order to provide profound insights into the development of future civil law.

Open access
Digital Transformation in Law
Law, AI, and Intellectual Property
Original source