Blockchain Papers

A.P. Alekseyenko

No abstract is available for this record.

Zhanli Sun, Yuhonglin Ran, Zheliang Cai

No abstract is available for this record.

Pēteris Zilgalvis

No abstract is available for this record.

Khim Lal Devkota

The formation of the three tiers of government represents a novel experiment in Nepal’s federal journey since the adoption of the new constitution in 2015. State power in the former unitary system, both rights and responsibilities, has been divided across federal, provincial and local tiers of government, with a mix of exclusive and concurrent powers for each. In matters within their jurisdiction, subnational governments can formulate laws on financial rights, set their own budgets, make decisions, devise plans and policies, implement those plans, levy taxes, and collect revenues. In the roughly three years since devolution went into effect, a few problems and uncertainties have cropped up, particularly in the exercise of power. Subnational governments complain that the center has not been very cooperative when it comes to the formulation of laws, allocation of resources, transfer of the institutional set-up, etc. However, there have been some achievements in the implementation of federalism. Institutional structures have formed at the subnational government levels, they have begun staffing, and their fiscal situations are gradually strengthening. Improvements have been made in almost all areas, including social, human development, economic, infrastructure and administrative sectors. A sense of positive competition has been created between different local and provincial governments. However, a continuing point of tension in Nepal’s federal devolution is shape of the fiscal architecture supporting the new rights and responsibilities of subnational governments. The constitution provides many functional responsibilities to provinces but only limited revenue rights. This structure conflicts with the “finance follows function” principle of effective decentralization, suggesting that initiatives are needed to review the fiscal space of the provincial level. The purpose of this paper is to analyze existing institutional structures and details of subnational government finance (“fiscal architecture”) in Nepal, primarily at the provincial level, and identify recommendations for improvement.

Bureau for Coordination of Combating Organized Crime and Other Dangerous Types of Crimes on the Territory of CIS Member States, A.G. Kuznetsov

The concepts of cryptocurrency and blockchain technology are interpreted, their nature and content are researched. Various approaches to the regulation of digital currencies in foreign jurisdictions and CIS member states are analyzed. The results of comprehensive analysis of the main criminal risks associated with cryptocurrencies use are presented. Characteristic features of these criminal acts are summarized and systematized.

V.M. Bokhenko

No abstract is available for this record.

Authors unavailable

The authors analyzed the market of cryptocurrency goods, considered the essence of cryptocurrency and proposed the definition of their legal status, studied the experience of some jurisdictions regarding the possibilities and threats of the use and regulation of cryptocurrency.In the process of analyzing the experience of regulating cryptocurrency, we have found similar and distinctive features in some jurisdictions.First, each country, in view of the great potential of the blockchain technology, is trying in one way or another to create a favorable climate for its development.Secondly, the use of cryptocurrency goods is rapidly developing, and their impact on economic processes, both at the international and national levels is increasing, while states are faced with the problem of adapting their tax legislation to the current challenges of the digital economy, since the definition of the status of cryptocurrency does not directly lead to lack of funds to the state budget from operations with these assets.Thirdly, today there are more than 2,000 cryptocurrency is traded through various trading platforms -stock exchanges and can be used to launder proceeds from crime.Thus, it is necessary to develop common standards for the regulation of cryptocurrency and the requirements for such crypto exchange counterparts, through the licensing of operations with cryptocurrencies.At the same time, the important question is what government bodies should exercise such control.

А. В. Захаркина

Abstract: The article is devoted to a new phenomenon for the Russian legal and economic space – the smart contract. The author of the article, based on the novel of Part 2 of Article 309 of the Civil Code of the Russian Federation, considers the dynamics of a civil obligation that is fulfilled through the use of information technologies. Thus, the article structurally highlights the parts devoted to the actual dynamics itself, the stage of occurrence of an obligation mediated by a smart contract; the stage of performance of such an obligation through the prism of the principles of performance; as well as the stage of termination of the obligation under study. The paper shows three main scientific approaches that reflect the mechanism of occurrence of an obligation that is fulfilled through the use of information technologies; the legal characteristics of click-wrap and browse-wrap agreements are given; the specifics of the known principles of performance of obligations in the performance of obligations using information technologies are reflected; it is concluded that it is necessary to adapt the law of obligations to digital realities, which is possible without a radical "breaking" of the pandect system of Russian civil law and the key approaches of the legislator to the main legal instruments of civil law.

П А Команов, Х Ю Ревазов, Д А Тавасиев, Пальмов, С.В.

В настоящее время технологии блокчейн находят высокий спрос в разных сферах. Широкое применение находят и смарт-контракты, которые записываются в блокчейн. Наибольшую популярность на данный момент имеют приложения, написанные с помощью смарт-контрактов на платформе Ethereum. Смарт-контракты, как и обычные программы, подвержены различным уязвимостям. В статье будут рассмотрены серьезные уязвимости, методы и инструменты, которые были менее освещены в сферах информационной безопасности и IT, но имеющие огромный потенциал в области обеспечения безопасности смарт-контрактов. Основная цель данной статьи заключается в том, чтобы дать представление об актуальных и серьезных уязвимостях в смарт-контрактах Ethereum и на основе актуальных угроз подобрать актуальные методы по обеспечению безопасности смарт-контрактов на платформе Ethereum.

Баходир Исмаилов

The article describes involvement of modern technologies in combating corruption and their actuality in the current digitalization of the world. Such ICT tools as Digital government services, Big Data Technologies, Distributed ledger technologies (DLT) and blockchain, data mining, crowdsourcing technologies, analytical (Forensic) tools and electronic systems for verification of income declarations, as well as foreign experience of their usage and implementation are thoroughly examined.

Jie Wang, Xiaomei Wang, Hanxiu Cheng

To reduce the impact of hidden corruption of the state-owned enterprise executives, first, this paper uses the difference-in-difference (DD) analysis method to build the DD model in the context of national audit. Second, the study analyzes the impact of the operating performance of the state-owned enterprises on the enterprise value. Third, it discusses the impact of the executive power of the state-owned enterprises on the hidden corruption, and uses blockchain technology with decentralization and high transparency, and information not be tampered with to analyze the degree of information transparency in state-owned enterprises, thereby enhancing the existing audit mode and improving the audit efficiency, and further predicting the trend of hidden corruption for finding the characteristics of corruption as early as possible, and timely governing the corruption behaviors. The research results show that the greater the power of state-owned enterprise executives is, the lower the transparency of information is, the less sound the supervision mechanism is, and the easier the hidden corruption of state-owned enterprise executives will breed. Only by using blockchain technology to enhance the audit mode, ensure data integrity, improve audit efficiency, and decrease audit risk, can the corruption of the executives of state-owned enterprises be effectively curbed.

Роман Алексеев

The purpose of the research is to use blockchain technology in the electoral process. The study was conducted on the example of blockchain technologies used in elections in the United States, Canada, Australia, Sierra Leone, Switzerland, Spain, Russia and other countries. The methodological basis of the research is based on the methods of comparative analysis and component analysis of definitions. Empirical methods of expert assessment and interviewing were used. The pros and cons of blockchain technologies and the possibility of using this innovative technology in elections of different levels are revealed. The advantages of inclusive blockchain technology include the mobility and accessibility of voting; minimizing the costs of organizing and conducting elections; de-bureaucratization by reducing the staff of election commissions; the possibility of excluding the impact on voters from participants in the electoral process; reducing the time for processing ballots and determining the results of voting; increasing the level of trust in electoral procedures on the part of citizens who usually do not participate in voting. Among the disadvantages of blockchain technologies, we can highlight: technical failures and hacker cyber-attacks; the possibility of hackers using data about voters, in case of hacking electronic databases; violation of the secrecy of voting.

Christian Pauletto

Recognition of foreign qualifications for authorising the exercise of a regulated profession gains importance in globalised economies and in international organisations such as the UNESCO. However, national procedures for such recognition have not yet experienced the transformative changes that occurred in other sectors of public administration. The study of “transborder digitisation” is still in its infancy. While governments consider the adoption of blockchain applications for the e-administration of trade-related procedures, for example customs procedures, it is timely to give some thoughts to recognition as well. After explaining the role of recognition in international relations this article explores the features of recognition procedures that are relevant for the choice of a technology. It then aims to identify recognition authorities’ needs in terms of administrative tools and to find out the options and potential benefits of blockchain technology in view of those needs. It aims to find whether there are reasons to select that particular technology rather than conventional methods. This is highlighted in a concrete description of what could be a possible configuration of a blockchain solution for recognition procedures. Since opportunities are always balanced by limitations, the article also inquires into ithe expected challenges in adopting a blockchain system between different countries’ recognition authorities. The article’s overall aim is to offer an assessment of blockchain technologies’ potential in that field and to highlight developments in technology that could ease their adoption. The article finds that the advantages brought by DLT technologies and the needed features of recognition processes coincide in several respects. However, some critical challenges and limitations for the application of blockchain in this field also exist. An adoption of that technology for that particular branch of public administration could occur provided that the technology continues to improve. Such improvements include interoperability, interface with other protocols and legacy databases, portability, and a higher degree of safety regarding privacy.

Valeriy A. Perov

The article discusses the basis of forensic techniques to identify crimes committed using cryptocurrency and subsequent investigation of such criminal cases. Based on the analysis of the functional principles of cryptocurrencies, the author proposes the basis of the appropriate forensic methodology based on the study of the functional principles of cryptocurrencies and the system of the laws that have developed in the process of their use.

Ekaterina Aleshina-Alekseeva

Significant changes in the world connected with the introduction of digital technologies, which have led to the development of the economy with new financial instruments, raised the issue of thesubject under consideration. The author analyses the new forms of economic development that allow to expand the range of criminal law effect on persons committing economic crimes in the field of crediting. The mechanism for restoring violated rights, which are considered possible within the framework of the current legislation, is strategically important. The legislative initiatives related to proposals of cryptocurrency legalising have increased in recent years, being a current trend of the existing society development. At the state level, a search for the new ways to maintain business activity and to prevent illegal acts committed in this sphere is being made. Due to the fact that a lot of norms of criminal legislation intended to protect objects of economic activity are of a blanket nature, clarifying the meaning of their features is impossible without referring to civil legislation. Civil regulation is the basis of the economic sector. A new conceptual system is pointed out; it improves the possibility of cryptocurrency turnover, but does not fully regulate it. By analysing the current legislation, the author tries to assess the value of cryptocurrency, digital rights and other property in order to determine the maliciousness of evading accounts payable. Subsequently, the author gives his opinion on the prospect of providing the officers of the enforcement agencies of the Russian Federation with the opportunity to expand the interpretation of the norms of criminal legislation including liability for maliciousness of evading accounts payable (Article 177 of the Criminal Code of the Russian Federation).

A. V. Chirkov

The paper analyzes the legal status of the consumer when concluding and executing a smart contract. The author proves the existence of special risks for citizens associated with the conclusion and execution of a smart contract. In particular, the author considers the risk of a consumer’s misunderstanding of the terms of a smart contract, the risk of a difference between the terms of a smart contract and the terms of a contract set forth in the natural language, the risk of including in a smart contract conditions that infringe on consumer rights (unfair contractual terms), as well as special manifestations of regulatory and operational risks in relation to a smart contract. Currently, in the Russian Federation, as in most foreign jurisdictions, there are no special legal mechanisms aimed at protecting consumer rights from these risks. The “general” mechanisms of consumer protection existing in the Russian jurisdiction are insufficient. Considering this, the author proposes mechanisms for each risk aimed at minimizing its implementation and negative impact on the citizen. The following risk-oriented approach to regulating relations when concluding a smart contract with the participation of a consumer is proposed. A citizen can conclude transactions using a smart contract subject to legislative limitation of his potential losses under a transaction (limiting the transaction price) and the introduction of the proposed legal regulation aimed at minimizing the risks discussed in the paper.

Elvira Talapina

The blockchain technology using by State authorities does not simply mean the technical modernization of their activities. The role of the State as a whole can change if it offers active services in the digital platforms organization. The participation of the authorities will increase confidence in the quality of data entered into the system, “balance” private participants of the blockchain. At the same time, interaction within the framework of the blockchain, both between the authorities themselves and with private actors, entails legal problems that are currently unresolved. This is demonstrated in the article on the example of State registration of real estate, the process of which involves many actors with different goals and degrees of participation. It is necessary to work out the system of legal significance of documents generated as a result of registration on the basis of the blockchain. The competences of the authorities as participants in the distributed ledger technologies system should be formulated in general in those acts that determine their competence, otherwise they will be illegitimate. Interaction of Public administration entities within the framework of the blockchain requires careful study in the normative plan of the regime of access to information contained in the registry.

Oleg Schwarzman, Maksim Diuldin, Julia Zinkina, Roman Davydov

Blockchain is one of the fastest-growing digital technologies, its scientific and technological support is on the research frontier; its widespread use in the functioning of financial, economic, and government institutions, although it faces difficulties in implementation, is expected from about the middle of the next decade. Digitalization of documents, procedures, and communications within the framework of public procurement in Russia and the world makes a certain, significant, although not decisive, contribution to overcoming these difficulties. It is largely aimed at formalizing, increasing openness, and speeding up procedures at this stage. The improvement of the regulatory regulation of processes makes a more significant contribution to their solution. However, with the development of the standardization of goods and services, the improvement of the electronic language of their description, the increase in the competence of civil services and, most importantly, of suppliers (performers), the expansion of the expert community, the development of labeling of supply chains, the formation of electronic reputation, the use of blockchain will become a natural continuation of the development of digitalization of public procurement. The task of the research is to seek a combined solution in thoughtful digitalization of the public procurement process using blockchain method, in general, and the introduction of distributed ledger technology, in particular.

A. B. Byla

This article is devoted to the consideration of issues related to the legal regulation of cryptocurrencies in the Russian Federation and some foreign countries. In the course of the study, the features of cryptocurrencies were highlighted, various approaches to the definition of this category were considered, some aspects of the legal regulation of digital currencies were analyzed. It has been determined that the rules of financial law regulate a whole range of public relations related to the use of cryptocurrencies and the complex regulation of this institution is necessary. The author came to the conclusion that it is necessary to use digital technologies and digital currencies in the Russian economy in the future. At the same time, this is a complex and not an instantaneous process of transition to digital currencies; a clearly thought-out strategy for the development of legislation in this area is necessary.

Ksenia Michailovna Belikova

This article is aimed at studying of theoretical issues of implementing network contracts (smart contracts) on the example of Russia and foreign countries, based on the fact that its knowledge allowed and allows to successfully solve current problems of legal regulation in our country. The starting point of the research is network communication as a non-market type of communication. The article analyzes the provisions of approaches to the legal regulation of network contracts (smart contracts) developed in the new technological reality, taking into account the experience of foreign countries and the Russian Federation that determine the acceptability of the use of blockchain in the field of legal regulation of such a type of interaction between the parties to the contract that is updated according to present technological era. The relevance, theoretical and practical significance of this research is due to the emergence of new tools for interaction between the parties to the contract in the context of using blockchain technology. The author's results, among other things, are presented in the idea that the ability to compile codes by software tools that ensure the fulfillment of obligations under contracts (smart contracts) that are used in the blockchain network not only expands the latter's utilities from simple information storage to participation in the system of economic transactions, but also is an excellent tool for automatic fulfillment of the obligations stated in them.

В.В. Мусатов, А В Попова

Человеку по своей природе свойственно все упрощать и оптимизировать процесс своей работы. Изобретение компьютера и вычислительной техники позволили людям упростить и облегчить математические вычисления. Очередь оцифровывания добралась и до договорного права. В настоящей статье автор на основе гражданского законодательства Российской Федерации и зарубежных стран проводит анализ возможности применения смарт-контракта и юридические последствия его использования. It is human by nature to simplify and optimize the process of his work. The invention of the computer and computing technology allowed humans to simplify and facilitate mathematical calculations. The line of digitization has also reached contract law. In this article, the author analyzes the possibility of using a smart contract and the legal consequences of its use based on the civil legislation of the Russian Federation and foreign countries.

Т. П. Шишмарева

The article analyzes the possibility of including one of the types of digital rights of cryptocurrency as a potential object of bankruptcy estate. It is concluded that it is possible to include cryptocurrency, which is stored in a cryptocurrency wallet in the electronic system into the bankruptcy estate up to its real value with which creditors’ claims can be satisfied. The problems arising in connection with the inclusion of cryptocurrency in the bankruptcy estate of the insolvent debtor associated with the anonymity of its ownership and the specifics of the foreclosure have been identified. The anonymity of the existence of cryptocurrency in the electronic system does not allow the inclusion of property in the bankruptcy estate without the assistance of the debtor. It is recognized that cryptocurrency cannot be traded via electronic auctions in bankruptcy proceedings due to its existence in the framework of a special information system and short time price volatility. A distinction between cryptocurrency and electronic money has been made.

L. G. Efimova, I. E. Mikheeva, D. V. Chub

No abstract is available for this record.

Elena Bylinkina

This article analyzes the concept and essential properties of blockchain: decentralization, usage of cryptography, autonomy, presence of consensus mechanisms, anonymity and transparency of the chain of blocks. Alongside the advantages, the article describes the disadvantages of blockchain: high cost of development and implementation of blockchain-based solutions and their utilization (high energy requirements); low speed of data processing; potential unauthorized changes to the database; absence of confidentiality of blockchain users. The author considers the scientific views on the need for legal regulation of the blockchain. An overview is presented on the global achievements in the area of blockchain standardization, as well as key vectors of standardization: terminology, reference architecture, security and confidentiality, management, smart contracts. An original definition of blockchain that takes into account its essential properties is provided. Two spheres of regulation are distinguished: legal regulation of relations that apply blockchain, and regulation of the blockchain technology itself (terminology, ontology, taxonomy, reference architecture, management, etc.). The conclusion is made on invalidity of the proposals on the unified legal regulation of blockchain (for example, formation of the universal law on blockchain), implying different areas of implementation of this technology. The author justifies the need for standardization of blockchain, as well as describes the key advantages of such standardization. It is underlined that the standards would not substitute the specific legal regulation, but would ensure the conditions for creating the legal framework in accordance with the requirements of technological reality.