The research is connected with tackling the issue of the expediency \nof giving the legal status to cryptocurrency as an alternative monetary \nsystem. Thorough research has been given to foreign experience and legal \nprecedents with use ofcomparative-legal and sociological methodology.As \na conclusion, using an alternative monetary system requires a balanced \napproach. When blockchain technology has become widely spread all over \nthe world, the participants of the virtual money turnover should deal with \neach other on the legal basis. It calls for the working outof basic concepts \nand categories with regard to the use of virtual monetary units
The paper discusses cryptocurrencies both in terms of their applicability to everyday financial transactions as well as in terms of criminogenic factors. The Authors will present practical ways to settle in virtual currency, institutions in which bitcoin payments can be made and the possibility of converting them into traditional currencies. Also factors conducive to combine cryptocurrencies with the criminal world, such as the anonymity of both the Internet and cryptocurrencies will be analysed. In addition, the paper presents the real impact of cryptocurrencies on the increase in crime worldwide, both related to financing of terrorism and in connection with taxation of income. The data and conclusions contained in this study are a contribution to the discussion on the sense of investing in cryptocurrencies, and above all on the opportunities and threats that entail the widespread introduction of this method of payment.
This article presents the analyze of the cryptocurrency market, the practice of state regulation of the cryptocurrency. During the market research of the cryptocurrency and the experience of its regulation, author identified certain similarities. First, each state strives to create a favorable climate for the development of new technologies (blockchain), seeing a great potential for using technology in the public and private sectors. Secondly, there is a rapid growth of the cryptocurrency market, and the state, not adapting the existing national legislation to the existing challenges of the digital economy, faces a lack of revenue to the budget, since the cryptocurrency is outside the legal jurisdiction. Third, today there are over a thousand different cryptocurrencies, accordingly, unified standards for their regulation should be developed.
The article analyzes the current state of digital economy and crypto currency. It also attempts to outline the main development directions of the Russian legislation on legal regulation of digital currency usage on the basis of current national legislation and foreign experience. Significant attention is given to digital economic concept, its main paths, development of legal framework for digitalization of economic processes. The article includes a review of modern scientific publications on questions under investigation and highlights the necessity of the complex approach both to the analysis of phenomena under study and to their legal regulation. It is also shown that crypto currency circulation is ambiguous and multifaceted and it has both financial advantages and criminological threat. Special consideration is given to the provisions of the draft law on “Digital Financial Assets”, the first project dedicated to the regulation of relations arising in the creation, release, storage and circulation of digital financial assets, which contains key definitions for the legal regulation of cryptocurrencies and transactions with them in the Russian Federation.
The article is devoted to the theoretical justification of the need to introduce criminal law prohibitions on criminal encroachments in the sphere of cryptocurrency turnover in Russia. The author analyzes the principles and grounds for the criminalization of such acts in connection with their increased public danger. The article examines the prerequisites, grounds and justification for criminalizing criminal offenses in the field of cryptocurrency turnover, problems of applying current criminal law provisions to acts committed using cryptocurrency, examines the opinions of law enforcement officials, prosecutors and the court, relating to the category of cases considered. The author's position on problematic issues is presented.
The article is devoted to the study of legal resources, within the framework of information objects, the provision of Russian legislation. There are several approaches to the designation of the legal nature of detachments. The conclusion is that bloksn should not be considered as a separate information object. From the position of information law, offered primarily as a kind of information technology, on the basis of which there is a collection, processing, storage and transmission of information. From a legal point of view, the notebook can also be viewed as a decentralized distributed database ("ledger") of all confirmed transactions made with respect to certain assets, within the scope of which cryptographic algorithms lie. In the majority of cases, the block system should be considered as an information system, which is a register of information, as well as information processing technologies, including the formation and storage of accurate, specific data, confirming the totality of property and other rights and obligations of their holders, and allowing for electronic payments and other legally significant actions.
the development of digital economics has taken on vital importance nowadays. Entrepreneurs in their business actively use digital technologies by which they enter into civil law relationships of different nature. Cryptocurrency usage in commerce is one of the most topical issues discussed in a legal community. The article analyzes an issue of legal regulation of cryptocurrency which logically follows digital technologies and digital economics development. Presently there are no legislative mechanisms of cryptocurrency turnover and usage regulation. The main aim of the article is to develop legal suggestions for cryptocurrency effective regulation. With this aim the author has analyzed cryptocurrency development trend in the Russian Federation, studied experience of foreign countries (USA, Germany, France, China and Japan). In his article the author offers for the legal community a single matrix of the cryptocurrency legal regulation which comprises three levels: international, regional and national.
The article considers the legal framework for the use of smart contracts in Ukraine to assess the prospects for their use in contract law in the context of the digital transformation of the economy. A study of scientific views on the legal nature of a smart contract is presented. The features of blockchain technology, which predetermine the features of smart contracts and the specifics of their application, are considered. The definition of the place of a smart contract in the system of contracts is proposed. The analysis of Ukrainian and foreign legislation in the field of application of digital technologies and smart contracts in the economy was carried out. It has been determined that smart contracts are currently not regulated in the current legislation of Ukraine. Legislation regulating relations related to the use of information technology is just beginning to take shape. It is noted that the lack of internationally coordinated efforts to recognize the legitimacy of smart contracts can be a serious problem. It is concluded that a smart contract is an agreement that can be automated and enforced. This analysis will lead to a critical examination of whether the functionality of traditional contracts has been superseded by the emergence of smart contracts. It is noted that a smart contract is a combination of technological and legal aspects. As a result of the study, problems were identified, the solution of which at the legislative level will allow the introduction of smart contracts in various areas of economic activity. An important characteristic of these contracts is emphasized - automaticity and the possibility of enforcement. The imperfection of legal instruments for regulating the conclusion and execution of smart contracts is noted. It is concluded that a smart contract, taking into account its features, is a contractual structure and that the successful development of smart contracts requires legislative consolidation of the legal status of smart contracts, the parties to smart contracts, the procedure for organizing the protection of the interests of each side of the smart contract.
Although the smart contract as the new product in the era of block chain contract shall not be only limited to the property-related agreements stipulated by the Contract Law of People's Republic of China, the Chinese contract provisions shall be perfected accordingly due to its contract attribute. In order to promote the formation and validity of the smart contract, the full capacity requirements for civil conduct of the parties to the property-related contract as well as the formulation of "Withdrawal Provisions" and the connotation of social public interests shall attract legislators' attention. But in view of two major features of smart contract, on the one hand, the legislators shall consider distinguishing the remedies of continuous contract and instant contract; on the other hand, the legislators shall perfect the remedy system for the "Alteration" of smart contracts in the process of waiting for verification.