В рамках настоящей статьи проведено исследование конструкции смарт-контракта с позиций юриспруденции и технических наук, проанализирована его юридическая природа, рассмотрены вопросы о сфере применения смарт-контрактов (в соотношении с технологией распределенных реестров).
Авторами сделаны выводы о том, что категорию «смарт-контракт» можно определить в техническом и юридическом аспекте. В зарубежной литературе различаются две категории: legal smart contract и smart contract code (или smart contract). Смарт-контракт как техническое явление представляет собой компьютерный код, позволяющий автоматизированно исполнять обязательства. С юридической точки зрения подходы к определению смарт-контракта зависят прежде всего от того, исходят авторы из возможности применения смарт-контрактов только в рамах технологии распределенных реестров или в …
SHS Web of Conferences,
Journal Year:
2022,
Volume and Issue:
134, P. 00016 - 00016
Published: Jan. 1, 2022
The
article
is
devoted
to
a
topic
of
great
scientific
and
practical
importance
in
the
modern
context
creating
digital
economy
ecosystemб
smart
contract
phenomenon.
focuses
on
foreign
civilistic
doctrine
study.
main
discussion
questions
about
legal
technological
nature
contract,
ways
its
implementation
current
law
each
country,
approaches
national
legislators
solving
this
issue
functional
are
considered.
disputable
problems
problem
contract.
also
involves
comparative
aspect:
it
analyzes
Russian
legislator
representatives
domestic
place
pandect
system
civil
comparison
with
systems
settlement
similar
issues.
It
noted
that
using
positive
experience
contracts
regulation
should
be
taken
into
account
when
correcting
regulatory
platform
Federation.
evaluates
innovation
Part
2
Article
309
Civil
Code
Federation
(RF
CC).
description
given
developers
positions
Explanatory
Note
relevant
draft
law;
investigation
performed
terms
used
version
RF
CC
regard
electronic
form
deal
In
addition,
raises
well
known
doctrine:
computer
code
credibility
distrust
counterparties
other.
Attention
paid
advantages
which
discussed
by
scientists,
as
other
related
sciences.
conclusion
article,
findings
demonstrate
authors’
view
issues
considered
article.
Право и политика,
Journal Year:
2020,
Volume and Issue:
3, P. 40 - 55
Published: March 1, 2020
The
subject
of
this
research
is
the
legal
regulation
franchising
at
current
stage
economic
development.
object
social
relations
emerging
as
a
result
conducting
business
activity
in
form
franchising.
present
state
Russian
Federation
being
analyzed.
Special
attention
paid
to
aspects
institution
conditions
digitalization.
author
examines
prospects
using
smart
contracts
sphere
franchising,
peculiarities
digital
elements
within
franchise,
concept
and
its
regulation.
scientific
novelty
consists
examination
economy
from
perspective
analysis
determination
prospect
institutions.
It
concluded
that
improvement
context
possible
through
following
avenues:
1)
simplified
procedure
registration
for
granting
exclusive
rights
based
on
agreement
commercial
concession;
establishment
alternative
methods
identification
entity
who
expresses
statement
intention;
2)
introduction
amendments
Part
3
Civil
Code
assigning
status
such
objects
cloud
technologies
big
data;
3)
norms
Article
1033
specify
admissibility
restrictive
terms
with
regards
user
Internet;
4)
formulation
regulatory
rendering
services,.
Dramatical
changes
in
society’s
infrastructure
require
new
conceptual
approaches
towards
the
research
of
socioeconomic
phenomena.
Nowadays,
environment
surrounding
people
experience
qualitative
changes;
it
has
become
possible
to
use
full
information
on
history
objects.
It
is
essential
develop
a
framework
enabling
thoroughly
describe
interaction
an
individual
and
that
changed
by
digital
technologies.
In
this
article,
suggested
concept
technology
context
exploration
digitalization
processes.
These
include
Internet
things,
big
data
processing,
widespread
implementation
personal
tools
process
share
etc.
The
allows
tying
up
technologies
with
needs
society
as
well
phenomena
emerging
infrastructure.
approach
may
be
used
at
development
global
communication
infrastructure,
for
processing
storage
data,
other
aspects
digitalization.
Today
different
directions
consumption
sphere
taking
into
account
emergence
virtual
properties
Virtual
result
example
multiple
ways
implement
possibility
store
major
objects
individual.
Conceptual
article
holistically
addressing
issues
commercial
efficiency
management
age
Widespread
digitalization
of
the
modern
society
-
emergence
digital
devices,
introduction
Internet
Things,
development
Big
Data
processing
and
other
technologies
result
in
new
challenges.
Not
only
industrial
corporate
automation
that
has
already
been
considerably
covered
by
legislation
initiatives
but
also
everyday
life
started
to
constitute
a
critical
infrastructure
society.
This
largely
happens
because
devices
substituting
traditional
owned
citizens
are
incorporated
into
corporate,
financial
state
business
processes.
For
instance,
citizens’
becoming
source
primary
data
for
energy
utility
companies.
More
opportunities
direct
interaction
solutions
between
themselves
resulting
controversial
synergy
effect
have
emerging
recently.
The
article
addresses
specifics
light
infrastructure,
particular
necessity
special
aspects
legal
regulatory
framework
possible
trends
this
functionality.
Proceedings of the International Scientific Conference - Digital Transformation on Manufacturing, Infrastructure and Service,
Journal Year:
2020,
Volume and Issue:
unknown, P. 1 - 8
Published: Nov. 18, 2020
The
article
presents
scenarios
for
the
transition
to
smart
contract
technology,
compiled
as
a
result
of
study
functioning
transport
and
logistics
chains
formed
by
largest
Russian
railway
company,
JSC
"Russian
Railways",
also
specifies
set
conditions
introduction
effective
use
this
technology.
It
is
determined
that
necessary
condition
technology
companies,
which
mainly
occupy
monopoly
position
in
their
segment
services
market,
focus
on
an
expanded
chain
presence
Mature
processes.
Special
attention
paid
methodological
tools
assessing
maturity
internal
processes
company
chain.
presented
approach
recommended
large
operators
own
infrastructure
facilities
act
companies
chains.
SHS Web of Conferences,
Journal Year:
2021,
Volume and Issue:
110, P. 01015 - 01015
Published: Jan. 1, 2021
The
evolution
of
digital
technologies
leads
to
a
tectonic
transformation
all
spheres
society.
Law,
as
system
regulating
public
relations,
is
changing
dynamically
along
with
the
development
relations
in
different
spheres.
IT
led
emergence
blockchain
technology,
which,
turn,
became
basis
for
smart
contracts.
Smart
contract
it
develops,
causes
changes
not
only
legislation,
but
also
model
interaction
between
state
and
business.
Due
contracts,
significant
part
rules
can
be
algorithmized,
regulation
become
machine-readable.
Purpose
research:
Legal
research
current
synergy
business,
law
economy
implementation
determination
theoretical
concepts
relation
content
problems
application
identification
most
proposals
improving
legislation.
Methods:
authors
used
general
specific
scientific
methods.
In
study
technological
foundations
contract,
main
methods
were
analysis,
synthesis,
analogy,
system-structural
approach.
Brazilian Journal of Law Technology and Innovation,
Journal Year:
2023,
Volume and Issue:
1(2), P. 42 - 62
Published: Sept. 1, 2023
This
study
explores
the
profound
impact
of
digital
technologies
on
economic
processes,
particularly
in
realm
investments.
Financial
organizations
are
leveraging
platforms
and
algorithmic
artificial
intelligence
(AI)
to
provide
enhanced
services
consumers.
AI-powered
algorithms
surpass
humans
processing
vast
amounts
information,
leading
improved
price
discovery
reduced
transaction
costs.
Robo-advisors,
empowered
by
AI,
have
become
pivotal
players
financial
markets,
offering
personalized
investment
portfolios
based
risk
profiles
objectives.
While
AI
eliminate
human
errors
streamline
decision-making,
they
also
introduce
new
risks.
Flaws
algorithm
construction,
intentional
errors,
cybersecurity
vulnerabilities,
regulatory
challenges
supervising
self-learning
concerns.
Additionally,
rise
blockchain
has
transformed
cryptocurrencies
tokens
into
tradable
assets
with
their
own
protection
challenges.
Researchers
emphasize
that
wealth
data
correlations
facilitated
can
unintended
consequences,
development
proper
supervision
control
mechanisms
is
vital.
As
landscape
continues
evolve,
it
becomes
crucial
for
investors
regulators
navigate
complexities
address
emerging
Global
Technology
Risk
(GTR).
Economics and Law,
Journal Year:
2023,
Volume and Issue:
1, P. 53 - 61
Published: April 27, 2023
The
article
looks
into
the
concept
and
legal
nature
of
smart
contracts,
as
well
issues
that
arise
during
use
contracts
in
field
digital
assets.
technical
aspects
a
contract
are
considered.
Models
described.
Scientific
legislative
approaches
to
determining
presented.
dual
is
analyzed:
form
transaction
an
object
copyright.
Some
protection
rights
parties
Based
on
findings,
temporary
solutions
using
proposed.
Юридические исследования,
Journal Year:
2021,
Volume and Issue:
4, P. 59 - 76
Published: April 1, 2021
The
relevance
of
the
work
is
substantiated
by
heightened
interest
to
digitalization
all
sectors
economy
in
Russia
and
world.
This
explained
fact
that
states
see
an
opportunity
earn
a
competitive
advantage
ensure
economic
stability
namely
new
technologies
their
rapid
implementation
life
country.
resulted
development
range
draft
laws
aimed
at
regulating
legal
relations
area
digital
assets,
part
which
came
into
force
2021.
authors
examine
system
legislative
regulation
transactions
with
determine
its
merits
flaws,
carry
out
comparative
analysis
leading
foreign
practices.
authors’
special
contribution
this
research
lies
attempt
develop
unified
approach
towards
understanding
nature
assets
Russian
Federation,
disclosure
concept
essence
were
revealed,
as
well
promising
directions
Russia.
article
outlines
problems
Russia,
offers
ways
for
solutions.
main
conclusions
consists
of
uniform
currencies,
description
specific
characteristics
information
exist
within,
substantiation
need
consolidation.