The paper is devoted to the study of the legal nature of a non-fungible token — NFT. The paper discusses the concept and types of tokens. The author defines a token as a unit of accounting in a distributed ledger that digitally represents financial instruments or other assets that expresses the economic value of the objects being represented and allows the rights associated with them to be exercised. According to a common point of view, NFT serves as a means of digital expression of a particular object, it has characteristics (signs) inherent exclusively to it, by virtue of which it cannot be exchanged for another token, and the cost of one NFT is not conditioned by the cost of other tokens. The author notes that the listed features are not inherent in NFT in all cases. In addition, using the example of NFT, the author draws attention to the problem of artificial limitations of the mechanism of legal regulation of fundamentally new digital objects. It is determined that, with regard to NFT, today in the Russian Federation, both the legislator and the financial market regulator maintain the status quo: the state intervenes in public relations that develop during the turnover of non-fungible tokens only if transactions involving them violate the law. Meanwhile, it can be expected that eventually the problems of the issue and circulation of NFT in the financial market will receive their regulatory and legal resolution.
Cryptocurrency trading is shrouded in confusion in terms of criminal confrontation and proof, and it requires the involvement of criminal law to comply with the principles that govern the law. Accordingly, there is a need for solidarity on the international level to define the legal method in order not to misuse cryptocurrency, and in particular Bitcoin. While legal accuracy in this confrontation is desirable, it depends on the balance between the security imperatives to confront terrorism resulting from the misuse of cryptocurrencies and the requirements to protect human rights. Thus, it comes as a major challenge in criminal law to confront the consequences of dealing in cryptocurrency (Bitcoin) for crimes that may lead to security risks, public order in the state of law, and human rights challenges which are often committed by an exceptional intelligent criminal, and the creation of standards that must be adhered to confront such crimes.
With the development of blockchain technology and digital assets, the problem pages of digital assets at the legal level are becoming more and more prominent. This article will start with smart contracts and combine the case of Shenzhen Ethereum to analyze the legal issues based on blockchain technology and digital assets. The current status of conservation and its possible future development directions are analyzed. This article will specifically discuss the issue of contract law regulation of smart contracts from the perspective of legal system construction, as well as the compatibility between smart contracts and current contract law. Finally, the following conclusions are drawn: Firstly, consciously accepting the law needs to adapt to social changes and accepting the fact that the law needs to be adjusted. Secondly, at the operational level, the use of technology must comply with. Thirdly, at the research level, relevant legal research must be done, and legal scholars must have inter-professional knowledge and capabilities.
Рассматривается подход к обеспечению информационной безопасности на базе применения современного инструментария такого, как технология BlockChain. Важным фактором обеспечения безопасности является устройство как самого Blockchain, так и различных сетей криптовалют. В тексте описываются различные виды блокчейнов, а также принципы их работы. В работе упоминаются такие принципы как PoW, RPoW, DPoS, PoH. Принципы на которых базируется блокчейн показывают степень защищенности самой сети. Немаловажным фактором являются и вспомогательные программы категории смарт-контрактов, которые включаются в блокчейны и обеспечивают надежность и безопасность транзакций. В статье представлены варианты реализации технологии блокчейн с помощью скриптов, разработанных авторами самостоятельно, которые применяются в непосредственной связке с платформами для блокчейн, на которых они базируются, без чего технология блокчейн не может быть реализована. An approach to ensuring information security based on the use of modern tools such as BlockChain technology is considered. An important factor in ensuring security is the device of both the Blockchain itself and various cryptocurrency networks. The text describes various types of blockchains, as well as the principles of their operation. The paper mentions such principles as PoW, RPoW, DPoS, PoH. The principles on which the blockchain is based show the degree of security of the network itself. An important factor is the auxiliary programs of the smart contract category, which are included in blockchains and ensure the reliability and security of transactions. The article presents options for implementing blockchain technology using scripts developed by the authors themselves, which are used in direct conjunction with the blockchain platforms on which they are based, without which blockchain technology cannot be implemented.
Введение: Преступления, совершаемые сегодня с использованием информационно-коммуникационных технологий, являются наиболее динамично развивающимися. Они претерпевают не только количественные изменения, но и качественные, поскольку появляются новые способы совершения традиционных преступлений с использованием цифровых технологий, в частности криптовалюты. Такие преступления в юридической доктрине называются «криптопреступления». Между тем сама криптовалюта всего полгода как получила правовую регламентацию в России. Используя ее свойства (отсутствие единой оценки как финансового инструмента, анонимность), многие субъекты криминальных рынков товаров и услуг используют ее в качестве средства платежа или предмета хищений. Между тем основные криминологические риски использования криптовалюты подробному изучению подвергались лишь поверхностно. Возникновение этих рисков связано в первую очередь с огромным опозданием разработки правового регулирования использования виртуальных валют и бурным развитием криминальных рынков товаров и услуг. Материалы и методы: Нормативную основу исследования составили: Федеральное законодательство, регулирующее отношения, связанные с цифровой валютой и цифровыми финансовыми активами, нормы отечественного уголовного законодательства; научная основа представлена результатами криминологических и уголовно-правовых исследований отечественных и зарубежных ученых. Методология исследования базируется на диалектическом подходе, а также ряде общенаучных методов, среди которых системный подход; метод индукции, дедукции, логический метод; а также частно-научных, среди которых сравнительно-правовой и формально-юридический методы. Методику исследования составили метод экспертной оценки и контент-анализ. Результаты исследования:Авторы анализируют как существующие криминологические риски, так и проблемы, возникающие при квалификации преступлений, совершенных с использованием криптовалют. Приводятся классификации преступлений, составляющих криптопреступность, их характеристика. Выводы и заключения: Авторами делается вывод о необходимости подробного изучения указанных преступлений с точки зрения их квалификации, определения ущерба и, как следствие, возможности дифференциации уголовной ответственности за их совершение. Анализируется необходимость криминологического изучения криптопреступности, с точки зрения разработки системы мер противодействия и подготовки кадров для его осуществления. Introduction: Crimes committed today with the use of information and communication technologies are the most dynamically developing. They are undergoing not only quantitative changes, but also qualitative ones, as new ways of committing traditional crimes using digital technologies, in particular cryptocurrencies, appear. Such crimes in the doctrine are called “crypto-crimes”. Meanwhile, the cryptocurrency itself has received legal regulation in Russia for only six months. Using its properties (lack of a single assessment as a financial instrument, anonymity), many subjects of the criminal markets for goods and services use it as a means of payment or the subject of theft. Meanwhile, the main criminological risks of using cryptocurrency have been studied in detail only superficially. The emergence of these risks is primarily due to the huge delay in the development of legal regulation of the use of virtual currencies and the rapid development of criminal markets for goods and services. Materials and Methods: The normative basis of the study was: Federal legislation governing relations related to digital currency and digital financial assets, norms of domestic criminal law; the scientific basis is represented by the results of criminological and criminal law studies of domestic and foreign scientists. The research methodology is based on a dialectical approach, as well as a number of general scientific methods, including a systematic approach; method of induction, deduction, logical method; as well as private-scientific ones, among which are comparative-legal and formal-legal methods. The research methodology was based on the method of peer review and content analysis. The results of the study: The authors analyze both the existing criminological risks and the problems that arise when qualifying crimes committed using cryptocurrencies. The classification of crimes that make up cryptocrime, their characteristics are given. Findings and Conclusions: The authors conclude that it is necessary to study these crimes in detail in terms of their qualification, damage determination and, as a result, the possibility of differentiating criminal liability for their commission. The need for a criminological study of cryptocrime is analyzed from the point of view of developing a system of countermeasures and training personnel for its implementation.
This paper explores the contemporary aesthetics of one of the latest forms of digital art known as non-fungible tokens, aka NFTs, and how and why they are affecting and shaping today’s society. Using Manovich’s theory of metamedium, Lanza’s theory of biocentrism, blockchain technology, and NFTs can be theorized as a form of medium which represents many other media while augmenting them with many new properties. The main theoretical problem with NFTs in the domain of art theory is the question of their originality. When put to use through various digital art collections and online tech platforms, the backend section of the blockchain smart contract code also becomes part of art, hence it can sometimes be difficult to define NFTs’ originality of the art itself. Due to the repetitive nature of NFTs, it can be argued that the most unique component of the NFT metamedium is not art, or blockchain smart contract, but the owner of the digital art piece. With the collection of 10,000 similar pieces of art, the originality of art is evolving through the ideology of cultural groups associated with desired collections. It is shifting from the art itself to the owner. Throughout the unification of technology, software, and art, artists have a new way to extend their creations, while actively participating in the shaping of the cultural landscape. This gives both creators and collectors of the NFT metamedium a brand-new transcending meta experience beyond the art itself that gives a unique point to the originality of the art piece. Article received: May 8, 2022; Article accepted: July 15, 2022; Published online: October 15, 2022; Original scholarly paper
Open access
Neuroethics, Human Enhancement, Biomedical Innovations
The article analyses a foreign practice of the criminal legal measures for counteracting cyberterrorism. An analysis of the US Code chapter 18 1030(a)(5), amended by USA PATRIOT Act 2001 (a response to the terrorist attack of September 11, 2001), is presented. The substantial features of cyberthreats on the part of terrorist organizations, stated in annual threat assessments of the U.S. Intelligence Community, are marked out. The experience of the Western European countries in the field is also summarized. Particularly, the routine activity of the secret services and law-enforcement authorities which rarely involves the criminal responsibility. A special attention is drawn to the legal acts of the People's Republic of China which ground counteracting cyberterrorism on the general conception of the digital sovereignty. In PRC the measures of counteracting to modern cyberthreats are arranged in three main blocks: development of own technologies, ideological propaganda, state policy. As a result of technological progress the structure of terrorist organizations and the tactics of criminal actions are changed. The use of networking model has resulted in emergence of the "single person terrorists", multi-integration of various organizations, frequently committing their operations in distance one of another, self-radicalization as a key model of involving to the criminal activity,decentralization in management while lacking of the "command centres", making use of the blockchain in the financing model. The article also proposes general positions for the criminalization of the cyberterrorism in the Russian Federation. The recommendations for amendment of criminal legislation are made.
Complex socio-economic processes are simultaneously taking place in Russian society: the economy is adapting to external economic challenges and, due to the COVID-19 epidemic, many aspects of social life are being transferred online. As a result, there is a transformation of all types of entrepreneurial activity, oriented both to the end consumer and to another legal entity (B2B transactions). The digitalization of commerce objectively requires an effective legal response to the procedures for concluding and executing contracts. A feature of the Russian legal system for regulating digital assets can be considered the impossibility of concluding direct transactions, bypassing a specialized information platform.
 The article discusses the features of smart contracts as a civil law way of disposing of digital rights. The activity of an information platform operator or a market maker as an intermediary is analyzed. Their positive and negative impact on the digital asset market is shown.
 The conclusion is substantiated that the disposal of digital rights through the use of a smart contract cannot be identified with all other classical contractual structures. Smart contracts, including those that are made using blockchain and Ethereum technology, are legally different from the electronic form of a civil law contract. Despite the obvious advantages of a smart contract as a way to manage digital assets, in the absence of legal regulation, significant business risks arise that require a prompt and effective legislative solution
The article discusses the concept, main features and scope of smart contracts, and their relationship with traditional institutions of civil law. Smart contracts can find applications in almost all areas of life in the future. As is often the case with new technologies, the use of smart contracts also raises a number of law issues. Blockchain technology allows not only to create new means of payment, but also to autonomously manage almost any process. It can be used for individual contracts and even the creation of entire autonomous decentralized systems. In this regard, the main purpose of this study is to resolve the question of whether smart contracts are contracts in the legal sense, how they arise, how they should be classified according to the law of obligations, and what are the consequences of default. Against this background, the task of the author of this article is twofold. On the one hand, we are talking about the presentation of the main features of smart contracts in general terms, while, in addition to the advantages and functions, areas of application are of particular interest. After that, an attempt will be made to introduce smart contracts into civil law, which, in addition to the main issues of enforcement and contracting, will touch on some subsequent issues. As a result, it will become clear that civil law in general is well suited to smart contracts. However, there is some area of uncertainty, so additional legislative changes should be considered. To achieve the goal of the study, the author used empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Private scientific methods were used: legal and dogmatic and the method of interpretation of legal norms. The author comes to the following conclusions. Smart contracts are programs that carry out legally significant actions according to predetermined algorithms and are suitable for contractual relations. From a legal point of view, smart contracts can either be the subject of a contractual agreement, or generate it on their own.
The study attempts to assess the interim results of the digital transformation in Russia and legislative changes that make it possible to include various digital assets in civil circulation. Special attention is paid to the problems of legal regulation of cryptocurrencies. Based on the analysis of a number of international documents, Russian policy documents defining the main trends in the development of digitalization, the significance of digital transformation is revealed, the problems slowing down the processes of the formation of the digital economy in Russia are identified. A review of research by Russian and foreign scientists devoted to the formation of the cryptocurrency market is conducted; the advantages and disadvantages of cryptocurrency trading are outlined. Cryptocurrency trading is a developed system in which trading goals, risk control, honesty and transparency must be present, and the capital market, the underlying asset, the investment plan and successful strategies must be taken into account. The analysis of changes in civil legislation allowed us to come to the conclusion that many important issues related to the use of digital currency and digital assets have remained unresolved. The lack of clarity in legal regulation will naturally lead to problems in law enforcement practice, which in turn will slow down the implementation of the designated goals for creating a competitive digital economy that occupies a leading position in the world and will not allow achieving the goal of forming an information space taking into account the needs of citizens and society in obtaining high-quality and reliable information, the development of information infrastructure. It was also noted that the restriction of cryptocurrency turnover does not correspond to the policy pursued by the FATF and the goals and principles that were outlined in international and regional documents.
Disputes regarding smart contracts are inevitable, and parties will need means for dealing with smart contract issues. This article highlights the need for dispute resolution mechanisms for smart contracts. The author provides analysis of the possible mechanisms to solve disputes arising from smart contracts, namely dispute resolution by traditional arbitration institutions and blockchain arbitration. Article acknowledges the benefits and challenges of both mechanisms. In the light of this, the author concludes about instituting a hybrid approach aimed at resolving disputes that will not stymie efficiencies of smart contracts.
The article analyzes the problems and threats associated with the use of the latest information technologies for criminal purposes, as well as the use of cryptocurrencies in the process of legalizing proceeds from crime to finance terrorism and extremism
Evgenia M. Poleshchuk, Inna A. Shcherbinina, Sofya E. Putilova
Blockchain technology gained popularity in 2008 and since has continued to develop rapidly. Smart contracts are used in many areas of the economy in the form adapted to solve a specific business problem. Thus, today one can observe rapidly growing varieties of smart contracts. However, developers often do not explore the limitations and risks of using this technology for specific use cases. At the same time, the losses resulting from the limited use of technology in a particular subject area can be very significant. In order to build effective protection in the blockchain network, it is necessary to analyze the object of protection for the components that are valuable to the attacker, as well as to determine the vulnerabilities of the product through which illegitimate entry into the network is possible. Attacks can target the consensus algorithm, flaws in smart contract programming languages, or flaws in the blockchain structure itself. In addition to vulnerabilities, there are also operational security issues such as private key or host system compromise. This paper provides a detailed analysis of the security of a smart contract that implements the functions of a shipping contract. The authors check the research object for vulnerabilities in order to make recommendations for increasing the level of information security of the considered smart contract.
In recent years, cryptocurrencies' economic application and speculative value have soared. Cryptocurrency is being used as a means of trade, even in Pakistan. The government does not legalize it, but it is traded like many other states. Globally it causes fraudulent investment schemes. Cryptocurrencies are speculative, as the dot-com boom of the 1990s. Even though these organizations lacked a product, business plan, and profit potential, the stock market was eager to invest heavily in internet-related companies. A few years later, a dot-com catastrophe ended an era of unjustified and speculative online firms. The gold rush occurred much earlier. In the 1800s, people worldwide sought their fortune in the U.S., Canada, and Australia. They rapidly understood that mining a significant gold stake was dangerous and unlikely to succeed. In 2021, cryptocurrencies will become the dominant form of money. 2021 was the landmark year. Bitcoin became the new gold rush and caused online fraud, known as cryptocurrency fraud. We will examine cryptocurrency, crimes, laws, and regulations to combat crypto crimes.
Rad opisuje aspekte ulaganja u kriptovalute s financijske točke gledišta, a polazi od poimanja, vrsta te značaja kriptovaluta u današnjem svijetu i globalnom tržištu uz osvrt na blockchain tehnologiju. Kriptovaluta predstavlja digitalni novac koji na osnovu kriptografskih algoritama, ima sve karakteristike valute. To je zapravo digitalna imovina napravljena kao predmet razmjene koja koristi kriptografiju pri provedbi transakcija. Kriptografija je potrebna kao kontrola prilikom stvaranja jedinica dodatne vrijednosti i za provjeru validnosti transakcija. Postoje mnoge različite kriptovalute, svaka sa svojim skupom pravila, a razlike među kriptovalutama mogu uključivati, izbor mehanizma konsenzusa, latencije ili algoritama kriptografskog raspršivanja pa i financijske efikasnosti ulaganja. Kao i kod svake nove tehnologije, rizici su prisutni, a pogotovo ukoliko govorimo o tržištu u nastajanju koja za sobom povlači nepoznanice, anonimnost, moguće ilegalne poslove te mnoštvo prijetnji. Prednosti, kao što su niski troškovi transakcije, sigurnost te mogućnost brze obrade, lako su mjerljive, dok je kvantificiranje rizika manje jednostavno.
Regulating the Unregulateable The regulation of virtual assets has been on the legislative agenda for many years. The elaboration of a user-friendly regulatory system, in particular, on a global (or at least in Europe) scale, is more than likely over the next few years. Virtual assets are a special, unprecedented category of assets, and their emergence and proliferation pose new regulatory challenges in several areas, such as their issuance, the supervision of operations and transactions related to them (e.g. stock exchange services, lending, and other financial activities), furthermore, important issues arise in the field of taxation, accounting, and securities law with the emergence of the blockchain and distributed ledger technology-based securities. In recent years, at the state level, one could also witness comprehensive regulatory efforts and innovative regulatory attempts in certain European countries in various related areas, particularly in Malta, France, Germany, Liechtenstein, and Switzerland. This study presents the key elements, objectives, and characteristics of regulatory solutions in selected European countries. In September 2020, the European Commission presented a six-element regulatory package for the uniform regulation of virtual assets and markets at EU level. Accordingly, this paper pays particular attention to the European Commission’s regulatory package, reviewing and evaluating its solutions, main elements, and regulatory methods. Last but not least, I present some related issues that may be considered regulatory gaps that have been left unregulated in both national legislations and the European Commission’s proposal.
The article presents the authors’ view on the ongoing changes in the process of resolving new “digital” disputes. The authors assess the global practice of resolving digital disputes through arbitration, as well as the new form of digital rights protection - blockchain arbitration. They analyze regulation of the new procedure for the protection of digital rights in foreign practice. The authors believe that the developed foreign experience in resolving smart contracts is progressive and effective. The findings of the research can be outlined as follows: 1) for the first time, special rules for resolving digital disputes have been formulated; they have been developed in tight cooperation of lawyers and IT specialists; 2) disputes from smart contracts and blockchain were isolated into a separate form of rights protection; 3) special approaches to settling digital disputes at the stage of concluding smart contracts have been worked out; 4) the process of enhancing the procedure for resolving digital disputes is ongoing.
Whenever a new technology emerges and provides new opportunities for business and potentially new and different solutions for real-world problems, developers of the technology, developers of its business applications, and investors supporting the developers, are looking for guidance from regulators. Ideally, the guidance will be more than a snapshot of what is currently allowed but also include reliable information on what will be allowed, and on what conditions, in the foreseeable future. This is more important if development of marketable applications using the new technology is time-consuming and expensive, and if the technology is not just providing incremental improvements to existing solutions and business models but seems to be promising revolutionary changes that may well upend entire industries and make at least some of the existing solutions and business models—and therefore some of the existing businesses—obsolete. Blockchain or distributed ledger technology (DLT) is an example of such a technology since it promises an upgrade to everything we have been doing on the internet. While we have been able to do financial transactions on our smart phones, such as checking our bank balances, making payments via Paypal or Venmo, and ordering stuff on Amazon and Doordash, those were evolutionary or incremental improvements to existing technologies and business models. They largely did not require new and special regulation. The risks presented by those innovations—occasional fraud on the side of misrepresenting “vendors” and occasional fraud by misrepresenting “buyers”—was largely absorbed within the existing systems of customer protection in the credit card market, i.e., by banks and other centralized institutions acting as trusted intermediaries. The emerging applications of Blockchain and DLT will be very different. The technology is creating a trustless environment, i.e., a financial system without the need for trusted intermediaries. In the brave new world of cryptocurrencies, there is no need for commercial banks to facilitate funds transfers, nor for central banks to issue currency and control interest and exchange rates. There also are currently no authorities with clearly defined supervisory powers, no guarantees by institutions or insurers, and not even rules of the road enacted by legislators or courts. Yet, the equivalent of USD 3 trillion are held by millions of individuals in the form of more than 10,000 new digital currencies in more than 200 million cryptocurrency wallets, completely disconnected from traditional bank accounts and credit cards.1 This sum is more astonishing given the fact that every one of those “virtual currencies”2 was privately created and managed, and none of these wallets is protected by the Federal Deposit Insurance Corporation (FDIC) or any equivalent mechanisms in other countries. Further, other than holding value and transferring value from one wallet to another, there is presently not much that can be done with all the crypto money, since there are not a lot of goods or services that can be bought with crypto, and, more importantly, there are hardly any smart-contract applications3 on the market that could reliably deliver innovative and sophisticated business solutions.4 Last but not least, the entire market is characterized by extreme volatility where a single coin—and to some extent the entire market cap—could jump up or down by 10% or more in a single day.5 Although much of the promise of DLT remains to be demonstrated in practice, and the technology is currently struggling with scaling up,6 what ensures that Blockchain and DLT will not become bubbles that are bound to burst and be forgotten is the sustained investment into actual business solutions via the development of smart applications on a In sustained investment USD in every single the technology its in we may that the investors to more into the development of actual business models and for a what the technology can and and what are with all is is the guidance by the in different The of digital were by a of traditional control and in the world was to of the financial and the just the financial with USD trillion in funds that were money, the existing and, the value of and in the of and currencies are by central banks are are or by and and to and by are by the on of or by mechanisms potentially all those and the currency developers, wallet The of the currency of the of and it to of is one of the of the and the financial is not to up control currencies without a In it did not that a of of were also such as with and not business models with the of by on the by cryptocurrencies, as well as and making financial to and from and This will an of and created for DLT and at the and at the of the in the The provides for a of and to the the in the the have the to on the it not done and it is that will be at the in the foreseeable future. This not that there are no of to developers, and of Federal and other services as well as of financial can in important in is the and of enacted in to the financial of Although not a of and with to it important The of is to in the of banks and financial The banks from in and other the and with as of a to the risks from the system and the of more in the form of This is by a that be and on the of via a smart to of the and on a distributed such as a it is a and to the of This the crypto that it will the crypto exchange in to be able to crypto in the a system to financial institutions of i.e., important institutions can to the financial and to the by In of is to banks and other financial from business and from to This is for the DLT financial since some are the or could be important and to its central the of the The is a new Federal and other financial The the to and for of the its While some of these do not to transactions DLT and cryptocurrencies, some the and in its in on and are and any or credit to with of or or credit card rules are not to banks but also to any form of credit by technology in the of digital wallets and smart of bank and not or not the technology or financial a bank or a it is that a financial services can without protection by the Federal Deposit Insurance Corporation (FDIC) is bank up to USD there is no in a could not become a of the and the other protection on such as protection and as well as are to financial in the Blockchain In to and protection financial services with rules customer The of is the services is defined in by the a of the of the with and other financial services or in or and a of are to and as well as of and those technology that do not services are “virtual by the and, the of as financial institutions and and on the the to issue and for and to those with and and for the crypto have been for by the created to for the of the is the and of the the it to into or a the or of a for the is on a exchange and by a in the the to such and the and its and the of The supervisory of the even to of if to in the In to its to cryptocurrencies, the that “virtual such as have been to be the Federal in and a cryptocurrency may need or as of The of the to that any in of the is to for actual of the to of a is the of the it can be from the can of up to USD million or the to the for such is as well as to of by of the The and was created by the of and is with that the of and other protection The can rules the of The to in and financial information can or such to the The a of for making it for any to transactions in that are not on a exchange or a to The of the and the While the is on i.e., for of a at a at some for the of a at a in the future. in such with the and the and with the and the This is for in the cryptocurrency the that are and to as the that cryptocurrencies, for the are and to The is not to crypto, not an exchange of for crypto or crypto for crypto, or a of goods or services with crypto, as such transactions are to 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Aug 22, 2022·Научные исследования в современном мире. Теория и практика: сборник избранных статей Всероссийской (национальной) научно-практической конференции (Санкт-Петербург, Июнь 2022)
Людмила Владимировна Гудакова, Александр Евгеньевич Мороз
В исследовании оценивается безопасность криптовалюты в современной экономики. Анализ проводится на основе главных характеристик криптовалюты как типа цифрового финансового актива. В результате исследования обнаружено, что основной проблемой регулирования правоотношений в сфере цифровых транзакций является отсутствие законодательных норм и децентрализация. The study evaluates the security of cryptocurrencies in the modern economy. The analysis is based on the main characteristics of cryptocurrency as a type of digital financial asset. As a result of the study, it was found that the main problem of regulating legal relations in the field of digital transactions is the lack of legislative norms and decentralization.
The current hype cycle surrounding non-fungible tokens, or NFTs, has been going on for close to two years. As we continue to move through this phase and into whatever is next, it is important to look at the current use cases out there and some of the intellectual property issues facing companies that avail themselves of this technology. What follows are excerpts from my contributions to a discussion panel that took place in November 2021, modified as necessary for clarity and for the purposes of this Article. 
 The first question one might ask is, “Why are companies choosing to enter into the NFT space in the first place?”
In this research, we discuss the smart contracts, legal acts, Block Chain rules and their scope, the legal problems that they arise, and how the theory of contracts has been developed accordingly. At the current time, the smart contracts, specially those relating to Block chain rules and cryptocurrency trading, are creating a radical transformation where the conventional language has fallen back and a new and unique phenomenon, known as the language of codes, has emerged. Thus, the digital relationships performed within smart contracts raise several questions. Hence, the question arises here: to what extent these contracts need a specific legislation to address all the problems that they pose?
Digital art is the result of creative activity practiced in the virtual space. There is no unified concept of digital art in Russia, and there is no legislative consolidation of this term. In this regard, attempts to find an answer to what digital art is and what rights its acquirer has are topical issues of Russian legal science. At the same time, under the influence of technology, as a result of the development of the blockchain, new ways of handling digital art objects have appeared. The appearance of non-fungible tokens (NFT) causes a lot of legal problems. The study of these problems is the most important task for modern lawyers. The purpose of the study is to identify the legal qualification of digital art objects. In this regard, the author sets the task to study the structure of NFT as an object of civil law. The purpose of the article is also to identify potential risks for intellectual property rights holders when issuing NFT. The methodology of this research is based on the use of a set of general scientific methods and specific methods of analysis used in legal science: system-structural method, system-functional, induction and deduction, analogy, method of formal logic and system approach. In particular, the dialectical method provides an opportunity to systematically explore the unity of social content and legal form of art objects in the digital space. The formal legal method makes it possible to form legal categories by highlighting the main features of phenomena related to research questions. The author has made assumptions about the legal nature of digital art and NFT, as well as their place in the system of intellectual property law. The author has come to the conclusion that crypto art is one of the types of digital art. A specific feature of cryptographic art objects is that their emergence and existence is possible only in blockchain. As a result of the conducted research, it has been revealed that not all NFTs connected to art objects are crypto-art objects in digital commerce.
A transnationalization of corruption practices, born by globalization processes, is one of nowadays negative phenomenon that deserves intensive studying. Digital technologies smooth the pathways for transnational corruption. On the other hand, digitalization also provides tools for building up respective countermeasures. This article examines the potential of digital technologies, primarily artificial intelligence (AI), in preventing corruption practices. Firstly, the characteristics of the «global corruption» phenomenon are outlined. The experience of implementing digital technologies in the corruption countermeasures has been analysed that revealed problems and prospective trends in the development of digital anti-corruption mechanisms at the supra-national level of governance. Digital tools for detecting and tracking of transnational corruption schemes were described in the framework of international journalistic investigations or anti-corruption control technologies in the European Union. One of key factors preventing the effective application of AI against the transnational corruption is the lack of the consolidated international regulatory regime for data evaluation. However, AI is ambivalent for both fighting corruption and creation new corruption pathways. Arguments in support of the distributed ledger technologies as the promising corruption-preventing techniques are provided. The study discloses factors inhibiting the scaling of the implementation of blockchain or smart contracts as mechanisms of reducing the risks of corruption. The need to develop international standards for the use of AI technologies in the fight against corruption practices is emphasized. The creation of a transnational structure with appropriate rule-making and control powers in this area becomes extremely important.
Maria A. Egorova, Д. В. Пономарева, О. В. Кожевина
In this article, the authors consider the features of smart contracts as a fundamentally new model of contractual relations, relevant in view of the comprehensive digitalization of various spheres of life. Smart contracts are considered as the so-called self-executing contracts, in which the terms of the agreement between the buyer and the seller are directly spelled out in lines of code. At the same time, the code and the agreement associated with it exist in a distributed decentralized blockchain network. Smart contracts guarantee a very specific set of results, which makes it possible not to resort to litigation, in fact, avoiding conflict situations. The authors analyze various types of smart contracts, problems associated with changing the terms of a smart contract, and limitations connected with the use of such a model of contractual relations. The article draws attention to the fact that the automated execution of the terms of the contract will cause problems, because the lines of code, unlike a traditional written contract, cannot be changed with the same ease. In conclusion, the authors discuss the impact of digitalization processes on the development of smart contracts.