Blockchain Papers

Saqib Azeez Khan

No abstract is available for this record.

Ігор Василишин, A. P. NAZINTSEVA

No abstract is available for this record.

Marina Rozhkova

No abstract is available for this record.

Semen Konstantinovich Titorenko

The article discusses the features of the tax and legal regulation of cryptocurrencies in the Republic of India and the Russian Federation. A study of legal regulation and a study of the positions of legal scholars of the Republic of India, in terms of regulating the turnover of cryptocurrencies, as well as the experience of regulatory regulation of the turnover of cryptocurrencies in the Russian Federation. As a result of the study, the author identified a gap in the legal regulation of taxation of cryptocurrencies in the Russian Federation, in comparison with the legal regulation of the Republic of India. Public relations arising in connection with the turnover of cryptocurrencies are not regulated in any country of the world at the moment, including in terms of taxation of transactions using cryptocurrencies. In this connection, it is necessary to take into account the foreign experience of legal regulation of taxation of cryptocurrency turnover, including the Republic of India. The problem lies in the fact that amendments to the Tax Code of the Russian Federation have not been adopted at the moment, which would regulate the taxation of cryptocurrency turnover in the Russian Federation. To investigate the experience of legal regulation of taxation of cryptocurrencies of the Republic of India and to identify aspects that could be applied to form the legal regulation of taxation of turnover of cryptocurrencies in the Russian Federation. Previously, comparative legal research in this area has not been conducted.

Yevhen Shcherbyna

The current research is devoted to the problem of the interpretation of the concept of consideration in Contract Law when applied to smart contracts executable on a blockchain. For these types of contracts, there exists a possibility where one of the key elements of a blockchain transaction, namely, gas payment, may, under certain conditions, qualify for the standard of valid consideration. Such a scenario may lead to a case where a gift from one contracting party to the other, executed via a smart contract on a blockchain, meets all the requirements for a contract - a situation that is impossible in Common Law jurisdictions since gifts are not recognised there as contracts precisely due to the 'lack of consideration'. The mentioned conundrum needs to be addressed. The current research describes this problem in detail, invites the audience to a debate and sets the directions for further discussions.

Ojog Silviu

No abstract is available for this record.

Natalya V. Dulatova

The scant legislative definition of the phenomenon of virtual currencies, the lack of established business circulation and, consequently, the scattered judicial practice, all point to the complexity of understanding the legal status of electronic digital media - digital currency. Since distributed ledger technology is still in its infancy, digital currency users, miners, cryptocurrency exchange owners, tax regulators and policymakers face a number of unresolved issues at the national and international level. It is unlikely that any major economy today would support a cryptocurrency such as bitcoin, which cannot be controlled by a central bank and was created by a secretive cryptographer. Nevertheless, we believe that central banks around the world will launch their own digital currencies, combining the advantages of cryptocurrencies and traditional money. For the future: despite the legislative basis for the fixation of digital currency in Russia, we believe that the further free use and use in civil circulation of cryptocurrency is questionable. Introduction in the near future by the Central Bank of Russia of such a category of object or a type of non-cash money as "digital ruble" practically excludes the free circulation of digital currency. Presumably, that (central bank digital currency, CBDC) or digital ruble will work on the principle of optional means of payment, combining the properties of cash and non-cash funds and subject to issuance by the Bank of Russia in a digital format. The issues related to the legal status of digital rubles today are open and are in the plane of not only civil law, but also constitutional law. The analysis of crypto-exchanges around the world presented in this article reveals one trend - these activities are subject to licensing. For the full development of global financial activities, including the cryptoindustry, the development of competent business legislation on the organizers of trade turnover - crypto-exchanges - with the establishment of general principles of their activities, with the definition of the criteria of these subjects, as well as the content of their actual activities is necessary. To regulate such an institution, a specialized type of licensing is needed, by analogy with fiat money activities, based on the progressive experience of such states as Malta, Estonia, the USA, Canada, Latin America, Switzerland, Japan, etc... Such licensing could be tiered, depending on the volume of cryptocurrency transactions. The creation of strict standardization for any trade, exchange transactions with digital currency would allow Russia to be a full participant in global business. Finally, improving the legal literacy of Russians when participating in exchange activities will raise the status of investment, allow the population to avoid financial risky operations, which will ultimately contribute to the stabilization of the economic situation in the country. The author declares no conflicts of interests.

Hongze Wang, Qinying Zhang

No abstract is available for this record.

Natalya A. Pronina, Alexey V. Buyanov

No abstract is available for this record.

Elena V. Markina

В статье анализируются конституционные нормы, выступающие основой текущей нормативно-правовой регламентации оборота криптовалюты в Российской Федерации, которая на современном этапе характеризуется довольно активным расширением массива источников права, регламентирующих общественные отношения, возникающие в данной сфере. Автором проанализированы действующие нормативно-правовые акты, находящиеся в настоящее время на рассмотрении в Государственной Думе РФ, проект Федерального закона «О цифровой валюте», а также судебные решения, которые в условиях отсутствия детального нормативно-правового регулирования выступают в качестве своеобразного судебного прецедента при исследовании специфики оборота криптовалюты в России.

F.C. Villata, Lenka Válková

The paper tackles the conflicts of laws on property rights over cryptocurrencies, starting from characterization issues. Building upon the distinctive nature of cryptocurrencies as “pure” de facto assets, that do not give a claim against an issuer, and the relevance of control over said assets as a suitable alternative to the traditional possession, the paper supports the characterization in terms of “assets”, over which property rights may, subject to the relevant lex causae, be constituted and enjoyed. By examining the available options for a conflict-of-law regime and considering the first legislative efforts conducted in this area of law both at the supranational and national level, the elective situs approach is identified as the most appropriate, possibly backed by some regulatory requirement, whilst different approaches are envisaged for the fall-back rule applicable to cryptocurrencies originated in, respectively, permissioned and permissionless DLT systems.

Andrew Knyazev, Yu. Yu. Cheremukhina

The article provides information on the state of the issue in the field of standardization of development and application of distributed ledger technology and blockchain. The current state in the development of normative documents, including documents on standardization, is analyzed. The international experience in the development of documents on standardization is reflected on the example of the International Organization for Standardization and the International Telecommunication Union, as well as the experience of developing documents in the national standardization system on the example of technical committees for standardization. Possible scenarios for the use of distributed registry technology and blockchain in the national standardization system are considered, taking into account international experience and trends in the development, development and use of national standards in digital formats, as well as promising interaction with other information technologies that are already standardized at the international and national levels.

JSC “KVANT-TELECOM”, Igor V. Martynenkov

The methods of eliminating vulnerabilities of zero-knowledge succinct non-interactive arguments of knowlede are considered. The methods are based on the security of public parameters formation in the form of common reference strings using a trusted third party and multilateral interaction. The multilateral formation of the common reference strings uses the only honest party with a fixed and unlimited set of participants, as well as verification of the reliability of the results. Examples of increasing the level of security of zero-knowledge succinct non-interactive arguments of knowledge based on the correction of proof verification equations and the values of the common reference strings, eliminating redundant elements from the common reference strings and the keys of proof formation are given. The protocols that develop the construction of the common reference strings from static to updatable and universal versions are mentioned.

RANEPA, I. GEYKINA

When implementing the expressed last will of the testator on the disposal of digital currency (cryptocurrency), one of the main problems that arises for a notary conducting an inheritance case is the problem of proving that the digital currency belongs to the testator, and, accordingly, the inclusion of digital currency in the estate. The article discusses the legal features of the difference between digital currency and cryptocurrency.

V. Yu. PRIAMITSYN, Ye. S. ZOLOTAROVA

No abstract is available for this record.

佳佳 宋

No abstract is available for this record.

I.S. Smirnov

Смірнов І.С

М. Б. Кондратенко

No abstract is available for this record.

Aiman Kussainova

No abstract is available for this record.

Máté Frank

The aim of this study is to examine the issues of inserting smart contracts into our operative contract law. In this context, I am examining the positive and negative effects of this technological achievement on contract law, as well as its potential dangers. Smart contracts, like traditional contracts, require the consensus of the parties at the time the contract is concluded. The only difference is that the performance of the contract in the case of a smart contract is completely independent of the parties. This attribute could lead to the potential outcome that the application of performance and breach of contract rules in the Hungarian Civil Code–and as well in other continental civil codes–, could become inapplicable due to the lack of possibility of breaching the contract.

Ashraf Tarek

No abstract is available for this record.

Eliza Mik

No abstract is available for this record.

B. Cappiello, Cristina Poncibò

No abstract is available for this record.

Edmilson Silva Dias, André Luís Rocha de Souza, Thayse Santos da Cruz, Érica Ferreira Marques · 7 authors

Esta pesquisa teve por objetivo discutir as estratégias de tokenização para a proteção de direitos autorais no contexto das ICTs. A tokenização é uma técnica criptográfica utilizada para criar ativos digitais exclusivos, como obras de arte, música e livros, que podem ser negociados em plataformas blockchain. No entanto, a utilização de estratégias de tokenização em ICTs também suscita questões complexas sobre a proteção dos direitos autorais. Para examinar a literatura sobre direitos autorais e estratégias de tokenização, foi realizada uma pesquisa com finalidade exploratória, de natureza bibliográfica, com uma abordagem descritiva. Identificou-se que um dos principais desafios dos direitos autorais no Brasil é atualizar-se incorporando os aspectos tecnológicos e o avanço do ambiente cibernético, bem como as relações digitais e as diversas transações no contexto da internet. Por fim, conclui-se que os Non-Fungible Tokens - NFTs representam uma estratégia promissora para a proteção de ativos intangíveis, considerando a capacidade de garantir a autenticidade e exclusividade de um objeto digital, o que pode ser usado como complemento aos processos legais vigentes no país, proporcionando transparência, confiabilidade e rastreabilidade agregada.