Apr 13, 2022·Aplikacija industrije 4.0 – prilika za novi iskorak u svim industrijskim granama / Application of Industry 4.0 – an opportunity for a new step forward in all industrial branches
The aim of this paper is to elaborate in more detail, through a brief explanation of the basic elements, the essence of the functioning of blockchain technology, which is a prerequisite and basis for the emergence and functioning of smart contracts, as a modern alternative to using conventional contracts. The nature of the connection between these two concepts points out the differences between conventional and smart contracts, defines the advantages that smart contracts have over the conventional ones, and thus contributes to a more complete understanding of the concept of smart contracts. In this paper we will try to explain how to use the benefits of block chain technology in many other areas of human activity, such as creating and exchanging crypto currencies, exchanging securities, things, documents, real estate, gems or other goods, on the example of smart contracts. In general, these advantages relate to the elimination of the need for intermediaries (in this case, lawyers and notaries), the reduction of the possibility of fraud and increasing the level of security in performing various types of legal transactions as well as acquiring full confidence in the accuracy and correctness of various types of records due to inability to change once stored and from a large number of equal partners, verified transactions.
This article describes the main provisions of the rapid law concept the idea of introducing blank norms into legislation, the content of which is possible by accessing special databases designed to consider the threats posed by the free circulation of cryptocurrency assets to the greatest extent. These conclusions are based on the analysis of the dangers of using cryptocurrencies by broad segments of the population, the lack of effective mechanisms for controlling their turnover, including the acquisition and exchange for other financial assets. The concept of fast law can also be used in other areas, such as in the regulation of industrial or transport securities.
On June 15, 2021, in Decision 942/QD-TTg, the Government assigned the State Bank of Vietnam to be the unit in charge of researching and piloting cryptocurrency based on blockchain technology (hereinafter referred to as cryptocurrency), the implementation period is from 2021 to 2023. According to the general trend, this type is expected to bring many advantages for payment activities compared to legal paper money, but it will certainly pose many challenges to the monetary policy of each country. Through the article, the authors focus on researching legal aspects of cryptocurrency and cryptocurrency management in the world and Vietnam, thereby making recommendations and suggestions to develop and improve the law on the management of cryptocurrency in Vietnam in the coming period. To ensure consistency, within the framework of this study, the cryptocurrency based on blockchain technology is studied as a cryptocurrency, not extended to others concepts.
Blockchain and its practical realization as cryptocurrency in particular, is the subject of serious discussions both in the world of computer technology and in the financial industry. People who have been able to access the basic aspects of blockchain networking principles are quite quick to conclude that the origin and subsequent development of this technology could significantly change the picture of the modern world. A document created by Satoshi Nakamoto in 2008 what's more, the Bitcoin project was the first practical implementation, based on blockchain technology, which turned out to be unnoticed by the world at that time. However, during this period, there were still people who paid their attention to it, it was also because they had a professional interest. However after some time when the society noticed how fast the price of one Bitcoin was rising and reached thousands of dollars they realized that it was not funny and on the contrary had a great future1 . The real representation of interest in blockchain projects started in the first half of 20162 From this period Georgia joins this project and the Public Registry is one of the first to start the land registration through blockchain3 .
The subject and the aim of the study. The article analyzes the approach to smart contract technology, which is reflected in the scientific literature and legislation of Russia and foreign countries, formulates the advantages and disadvantages of a smart contract that affect the implementation and protection of certain constitutional rights, including freedom of contract, the right to protect, the right to manage personal data. Methodology . Guided by formal dogmatic and comparative law methods in research, the author formulates approaches to the concept of a smart contract that has been developed in the practice of foreign countries and deduces how each of the approaches affects the implementation of constitutional human rights. The paper notes that the use of a smart contract based on the federal blockchain does not allow the full implementation of such rights as freedom of contract, the right to self-defense, and the right to manage personal data. In addition, the transnational nature of smart contracts usage, their pseudonymity and failure to unified concept of legal regulation create obstacles to the effective implementation of the right to judicial protection. The main results . The practice of legal regulation of smart contracts in foreign countries, aimed at minimizing the negative consequences of the use of technology is considered. Some countries follow to the concept of recognizing a smart contract as a form of contract (Italy, United States, Republic of Belarus) and a way of guaranteeing fulfilment of obligations (China, Italy, Republic of Belarus, Russian Federation). The second concept is considered as being the most restrictive for digital progress from one side but being able to guarantee protection of human rights such as right to judicial protection or freedom of contract. The first concept which shows smart contract being a type of contract carries additional risks associated with conclusion of a treaty - inconsistency of the smart contract with the actual will of the parties. The third concept considered smart contract as a type of contract is accepted in the Republic of Malta. The Republic of Malta regulated procedure of voluntary certification for smart contracts that allow to eliminate such threats as violation of human rights and the use of smart contracts for criminal purposes. The experience of legal regulation of smart contracts in the Republic of Malta is recognized as reasonable and effective, however, it is concluded that certification will achieve its goals only if it will be implemented in the legal system of wide range of the countries. Conclusions. It is concluded that despite the fact that the smart contract technology has high potential for its implementation in various fields of social and economic life, the effective implementation of smart contract technology in various spheres of society requires the formation of general legal principles for their application, the definition of areas in which the use of smart contracts is prohibited, as well as the development of international standards for their safe execution.
Vasiliy A. Laptev, Sergey Yu. Chucha, Daria Rinatovna Feyzrakhmanova
The subject. Digital technologies have been integrated into all aspects of public life, including politics, law, finance, business, education, science, and society. Yet, digitalization exerts an even greater impact on the economy, which should prompt the State, represented by its legislative and executive bodies, to take timely action to ensure the legal regulation of diverse aspects of the digital economy. Digital transformation of the economy has redefined the approaches to the issues of legal capacity, corporate governance and management of business processes. Traditional management mechanisms are no longer competitive, unless used in conjunction with dynamically developing digital technologies. This article explores the issues related to digital legal personality of a corporation (online registration (e-residency) of corporations and the digital footprint that companies leave in public registers), digital corporate governance, and discuss the operation of digital corporations, including networked and decentralized autonomous organizations. The authors distinguish three types of digital corporate governance: remote management (exercised by human individuals), smart management (based on algorithms designed by human engineers), and artificial intelligence (AI) management (that does not require human involvement). Some tools of digital corporation management are illustrated, replacing traditional forms of management of the human cognitive system. Finally, we provide an overview of the operational characteristics of decentralized autonomous organizations. Purpose of the research . This article is devoted to the transformation of management tools for modern corporations in the digital economy. In order to comply with the Russian corporate legislation of the existing digital reality, it is necessary to develop a comprehensive scientific and legal concept of corporate governance, ensuring the balance and protection of the rights and legitimate interests of all participants in corporate relations and others related to corporate relations, as well as increasing the transparency and efficiency of corporations. Methodology. The methodology of this study was based on the following methods of scientific knowledge: general scientific empirical methods (observation (over the course of development of the use of digital technologies in corporate law), comparison (of the effectiveness of the use of digital technologies in corporate law of different countries)); methods of theoretical knowledge (analysis (of advantages and disadvantages of digitalization of individual institutions of corporate law), formal legal method (in the formulation and research of various concepts, determination of their characteristics and classification), theoretical modeling (of the prospects and areas of possible application of digital technologies in corporate law). The main results . Digitalization of corporate management is bound to increase business profitability and improve competitiveness on the market. We believe that in the coming years science will have to tackle the issues of assessing the implications of the introduction of digital technologies, determining technical, economic and legal prerequisites for their implementation, and identifying their limits. In addition, issues related to professional training / retraining of personnel capable of working with modern technologies are of importance. Conclusions. The authors came to the conclusion that the main direction of improving corporate legislation in the context of digitalization is currently the creation and provision of conditions for effective interaction between corporate actors and persons directly associated with them in the digital environment.
The article examines the institutions of civil procedural law, in which, according to the author, it is possible and necessary to use distributed ledger technology (blockchain technology). The author argues that the technology is applicable not only for private legal purposes, but can signifi -cantly change a number of familiar rules of legal proceedings. In particular, the technology of distributed registers can change the procedural guarantees of the independence of state judges, more often involve active citizens in the administration of justice, change the system for reviewing court decisions, contribute to the unification of judicial practice, and reduce the judicial burden on judges. The author also sees the possible benefits of the technology for cases, the making of decisions on which in the future can be implemented using artificial intelligence and machine data analysis. Thus, subject to the correct use of blockchain technology, the state will be able to ensure the modification of those guarantees of justice that are currently considered poorly implemented or unreliable, including due to the development of digital technologies.
The purpose of the study is to assess changes in Russian legislation and legislative initiatives related to cryptocurrencies and digital financial assets. The article focuses on the possible economic consequences of using cryptocurrency for Russian business; determining the degree of impact of transactions with digital assets on the country's economy in connection with the introduction of the Federal Law of the Russian Federation regarding cryptocurrency. The scientific novelty lies in the development and theoretical justification of the legal principles of regulation of cryptocurrency and its place in the domestic legal system, the need to improve the legislation of the Russian Federation in relation to cryptocurrency is substantiated. As a result, the existing legal framework governing the circulation of cryptocurrencies and digital assets in Russia was analyzed, measures of responsibility for failure to report on transactions with cryptocurrencies were identified, and the need to eliminate disagreements on the legalization of cryptocurrencies in the country was substantiated.
The relevance of the research topic is related to the distribution and development of a new financial instrument, aimed at studying and developing such issues as the features of the object and subject of crimes committed in the circulation of cryptocurrency in our country and in other countries, international cooperation in the field of cryptocurrency circulation and the experience of foreign countries in this direction. These questions are important not only for understanding the relationship between the use of cryptocurrencies by transnational criminals, but also for finding measures to control and prevent such cybercrimes. It is necessary to make one more note, in this final qualification work such terms as cryptocurrency, virtual currency, digital currency and digital cash will be used interchangeably to describe cryptocurrency. In the era of globalization, the accelerated development of technology, it is impossible not to notice and feel the influence of the virtual world. This virtual world, referred to as the Internet, has simplified many life processes. In the recent past, crimes were more local and less transnational
Viktor S. Gorbatov, Dmitriy A. Dyatlov, Roman V. Natalichev
One of the most promising solutions for optimizing logistics processes is the creation of automated supply management systems based on distributed registry technology, in particular a smart contract. However, in addition to the well-known economic advantages of such a technology, the expediency of its practical application will largely be determined by the stability of the functioning of these control systems in modern conditions of the threat of destabilizing influences. Currently, the solution to the security issues of smart contracts as programs are reduced to checking the source code of applications. Obviously, this is clearly not enough to ensure the reliability of logistics management, the stability of which can be determined on the basis of known methods for assessing the complex security of the corresponding IT system. This study adapts existing methods for auditing and assessing information security risks for an IT system using a smart contract, and the subject is to substantiate the applicability of such an approach to assessing the security of logistics processes, considering the features of smart contracts. The paper considers the features of the use of smart contracts in logistics processes, outlines appropriate approaches to audit and risk assessment of the functioning of the logistics management system based on smart contracts. Recommendations have been developed for the practical implementation of specific methods for assessing the security of an IT system using a smart contract, which is set by the authors as the goal of further work. The results of the study can be useful to specialists in the field of optimization of logistics processes and information security when developing new logistics schemes based on smart contracts.
<h5 class=annotation lang-ru>В статье исследуется вопрос о месте смарт-контрактов в юридической систематике. Основное отличие смарт-контракта от традиционных гражданско-правовых договоров в том, что они заключаются в электронной форме в рамках информационной системы, а их существенные условия определяют автоматическую передачу имущественных прав. Несмотря на то что условия смарт-контракта должны включать команды и данные, необходимые для его автоматического исполнения, его основным языком должен выступать язык применимого права. Самоисполнение договора — иллюзия. Для заключения и исполнения смарт-контракта необходимо выражение взаимной воли его сторонами, участие оператора информационной системы, а также наличие правил информационной системы. В децентрализованной системе функции оператора выполняют пользователи системы, объединенные в гражданско-правовое сообщество. Производители программного обеспечения должны по общему правилу нести гражданско-правовую ответственность за некачественную работу программных продуктов, используемых при заключении и исполнении автоматически исполняемых договоров.</h5>
Smart contracts are consensus protocols in which contracts are automatically concluded by code. Despite the growing popularity of smart contracts recently, no guidelines have been presented for developers to refer to when developing smart contracts. Therefore, using SWC, which classifies the weaknesses of smart contracts, guidelines that developers can use in the development process from the perspective of security, maintenance, and reuse are presented based on the weaknesses. The presented indicators can be used to reduce costs incurred later during development.
Public procurement is one of the priority areas of economic development in the Russian Federation due to the need to ensure targeted and efficient spending of budget funds. Without a doubt, the use of innovative digital tools in the procurement sector will lead to an increase in the quality of public procurement. The purpose of this study is to analyze the digitalization prospects of public procurement, highlighting the main stages of digitalization of public procurement in the Russian Federation, methods of using digital tools in the procurement of goods, work, services for state and municipal needs. The article also explores the possibility of using distributed ledger technology (blockchain) in public procurement in Russia.The methodological basis of the study was made up of both general scientific and private scientific methods of cognition. As a result of the study
The combination of blockchain and the sports industry is bound to be a trend in terms of innovation and the development of sports industry in the near future. Therefore, after analyzing the problems existing in the current business model of the sports industry, this paper takes 200 innovation indicators of 50 listed companies in the sports industry, among which 15 use blockchain and 35 do not use, as research samples and uses a three-stage DEA model to calculate their innovation efficiency. The results show that sports companies that use blockchain have better performance in terms of innovation efficiency than do those that do not, which illustrates the necessity of blockchain-based business model innovation. Then, by focusing on the internal structure and the case of the "vSport blockchain", this work shows that this business model innovation is feasible. The article first proposes a blockchain-based sports industry business model and then uses a combination of empirical and case studies to prove the necessity and feasibility of sports industry business model innovation.
We consider designing a two-layer model of a private distributed ledger to organize electronic document flow in criminal proceedings. We create a model that considers specifics of the criminal process, interaction of the parties during the case, and the main risks. It is proposed to use blockchain technology as a basis for the first layer of the model, limiting the decentralization degree to the participation of a certification authority. The second layer of the model is proposed to be implemented based on a "key list" that ensures the confidentiality of information. The developed model can neutralize the risks of forgery, falsification, and destruction of criminal case materials, which contributes to strengthening the status of the court as an institution.
The paper is devoted to the application of the principles of law in contractual relations, the emergence or implementation of which are associated with the use of digital means. The development of digital technologies has caused objective changes in the structure and qualities of economic turnover. At the same time, objective changes mean those that are formed due to changes in the behavior of private entities at the micro level. The author substantiates the thesis according to which, in conditions of a lack of regulatory regulation, the relevant principles of law are in demand sources of law for resolving potential conflicts of interest. The author states that in conditions when the main categories of civil law are being revised — subjects (identity identification), objects (tokenization), transactions (ways of expressing will in the digital economy), fulfillment of obligations (smart contracts), the main thing that law will remain unchanged is its principles. The principles of law are lawthemselves; the rest is either changing forms of relations that law affects, or a changing mechanism for the implementation of legal ideas. In turn, it is the principles of law that contain invariable methods of resolving conflicts of interest, which is the main subject of law. Complicating the contractual relationship with a digital element not only does not cancel the application of principles to such relations, but at the stage of insufficient regulatory regulation as a means of implementing the principles of law requires their active use to resolve conflicts of interest. The paper classifies some cases of digital means application at the stage of concluding a contract, fulfilling obligations, and enforcement. The potential of the principles of law for resolving disputable situations in digital contractual relations at each stage of the development of contractual legal relations is shown.
The rapid development of the cryptocurrency market makes us think about the need and subject of regulation of activities related to their issuance, placement, storage and circulation. The question arises whether the activities that are related to them are entrepreneurial or professional, related to the commodity or financial market, subject exclusively to state regulation, exclusively self-regulation or both types of regulation at the same time. The authors come to conclusions that will allow building a theoretical basis for a more systematic perception of the cryptocurrency market in the future, including revealing the concept and legal nature of cryptocurrencies, the features of these objects of civil rights that require their free circulation in the financial market, the role of private entities in their creation and use. It is concluded that the activities related to the turnover of cryptocurrencies are entrepreneurial, unregulated activities in the capital market as part of the financial market. Special attention is given to public interest in the framework of the circulation of cryptocurrencies, in particular to national security issues, protection of the weak side of transactions using cryptocurrencies, protection of personal data. In particular, the authors acknowledge that intermediary activities in the cryptocurrency market involving financial services consumers should be regulated and recognized as professional. The authors, on the one hand, point to the need to ensure state regulation of the use of cryptocurrencies, on the other hand, emphasize that a balance must be achieved between public and private interests in this area, that it cannot be over-regulated, which will ensure stable economic growth in the digital environment.
Современный период развития российского общества характеризуется цифровизацией основных институтов общества, которая, однако, идёт гораздо интенсивнее, чем развитие российского законодательства. Статья посвящена анализу сущности невзаимозаменяемого токена (NFT, nonfungible token), особенностям их создания и обращения, а также необходимостью внедрения данного феномена в законодательство РФ как предмета интеллектуальной собственности, цифровых прав, а также урегулирование вопроса перехода исключительных прав на сами NFT объекты. Автор видит перспективы для введения института цифровых прав, в частности таких правовых феноменов, как NFT, в законодательство отдельных стран. В статье предложены конкретные изменения в статьи гражданского, а также уголовного и семейного законодательства, направленные на устранение существующих пробелов правового регулирования данного вопроса и развитие NFT в будущем. The modern period of development of Russian society is characterized by the digitalization of the main institutions of society, which, however, is much more intensive than the development of Russian legislation. The article is devoted to the analysis of the essence of NFT, the peculiarities of their creation and circulation, as well as the need to introduce this phenomenon into the legislation of the Russian Federation as a subject of intellectual property, digital rights, as well as the settlement of the issue of the transfer of exclusive rights to the NFT objects themselves. The author sees prospects for the introduction of the institution of digital rights, in particular, such legal phenomena as NFT, into the legislation of individual countries. The paper proposes specific changes to articles of civil, as well as criminal and family law, aimed at eliminating the existing gaps in the legal regulation of this issue and the development of NFT in the future.
The article is devoted to a new type of electronic money – cryptocurrencies. The history of creation is studied and the analysis of existing formulations of cryptocurrencies in the conditions of digitalization of the economy is carried out. The prerequisites for the emergence of bitcoin and other cryptocurrencies were established and the advantages of their use were emphasized. The concept of digitalization of the economy and its impact on the economic processes that determine economic growth is considered
The emergence of the digital economy and increased activity in cyberspace have led to the creation of new technologies and digital products such, as non-fungible tokens (NFT). The article presents the arguments that justify the need to study NFT as an object of legal relations and an object of accounting. A brief description of these items has been given; their types and market of circulation have been studied, and, also the current legal provisions, Russian accounting standards and international financial reporting standards have been analysed. To define NFT as an accounting object, the types of accounting objects enshrined in Federal Law No. 402-FZ “On Accounting” have been considered and the criteria for their attribution in relation to NFT have been analysed. The legal and accounting problems associated with the emergence of a new object have been highlighted and the ways for further research in the field of creating an accounting methodology for NFT as a specific and highly promising digital product have been defined.
Normaizeerah Mohd Noor, Noor Afiza Mat Razali, Nur Atiqah Malizan, Khairul Khalil Ishak · 6 authors
The application of the Internet of Things (IoT) plays a crucial role in the fourth industrial revolution. The sophistication of technology due to the integration of heterogenous smart devices open a new threat from various aspects. Access control is the first line of defence to ensure that IoT resources are secure by preventing illegitimate users from gaining access to these resources. However, access control mechanisms face the limitation of technology in large scale IoT deployments since they are based on a centralized architecture. Significant research concerning decentralized access control solutions for securing IoT resources using combined techniques, such as blockchain, have caught much research attention in recent years. Nevertheless, research for decentralized access control for application in smart farming domain remain as a gap. Thus, this study presented a structured literature review on 81 articles related to the field of access control in IoT and blockchain technology to understand the challenges of centralized access control in securing IoT resources. This study serves as a foundation for decentralized access control using blockchain technology and its application to ensure the IoT actuators and sensors security with the aim to be applied in smart farming. This paper was deliberated based on systematic literature review that was searched from four different database platforms between 2018 and 2021. This study mostly addresses the relevant techniques/approaches including blockchain technology, access control model, key management mechanism and the combination of all three methods. The possible impacts, gap, procedures and evaluation of the decentralized access control are highlighted along with major trends and challenges.
Blockchain is the technology behind infamous Bitcoin and provides a structure for dispute resolution with the help of smart contracts. The technology aims to establish an anonymous and decentralized mechanism without any state oversight or intermediary for transactions. Blockchain works on a decentralized network creating an immutable record of transactions. A smart contract is a self-executing software program that automatically performs a function. Once the conditions are met, the contract enforces itself without any additional step. The blockchain dispute resolution (BDR) platforms offer services for disputes arising out of blockchain and smart contract transactions or for traditional disputes that are not related to blockchain transactions. Each of the platforms provides untraditional mechanisms for adjudication that are also different from each other, creating an unorganized and unregulated environment. The platforms do not comply with the accustomed principles of alternative dispute resolution (ADR) and online dispute resolution (ODR) mechanisms raising the question of validity and legitimacy of the platforms and the need for regulation. The article aims to act as a brief introduction to some of these platforms and identifies major issues with BDR when compared to the established dispute resolution procedures. It briefly explains the blockchain and smart contracts with some examples on their alternative applications and then introduces BDR platforms. The article discusses concerns about BDR in light of ADR and ODR principles. It points out main issues following up the comparison of different mechanisms and tries to provide a perspective to find answers with discussion of possible solutions. Finally, the article suggests that the best way forward is to utilize BDR for supplementing ODR and ADR. If regulation is found absolutely necessary, then soft law instruments should be the first step in this respect.