The Use of Blockchain Technologies in Transport Transactions

Courier of Kutafin Moscow State Law University (MSAL), Год журнала: 2025, Номер 1(11), С. 70 - 77

Опубликована: Янв. 26, 2025

The article is devoted to the implementation of blockchain technology in transport transactions and impact this on features concluding executing sector. Blockchain a key element smart contracts, as type electronic provides new opportunities for security transactions, but issue regulating such identification transaction subjects, well data protection from unlawful encroachment. A contract allows full use artificial intelligence technologies sector both monitoring execution transaction. problem with regulatory frameworks that most countries do not have specific regulations, allow blockchain-based tools, contracts bills lading. However, recent changes digital asset legislation, allowing settlements cryptocurrency, indicate trend towards permissive regulation technology, which will lead greater adoption

Язык: Английский

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Digital Financial Assets: Concept and Legal Nature

BRICS Law Journal, Год журнала: 2024, Номер 11(1), С. 32 - 57

Опубликована: Май 3, 2024

Tokens and other digital technologies, in essence, can be considered neither property nor objects of civil law, are they inherently a part rights per se. These technical solutions acquire corresponding legal status only when become an object such relations. When this occurs, assets consequently subject to regulations. The nature tokens is amatter much dispute: some define them as while others view means confirm the object. This article aims prove that serve both functions. In most cases, confirming certain tangible (for instance, secure rights). function, for cryptocurrencies securities, however, themselves because play relations (that is, object). absolute relative rights. common law doctrine treats right securities right. Continental on contrary, cannot include category since within framework always tangible. Digital assets, intangible. Therefore, not property. suggests new similar rights, except one distinction: necessarily thing. Based authors’ concept, referred

Язык: Английский

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Genesis and Prospects of Development of Legal Regulation of Digital Financial Assets in the Russian Federation

Journal of Digital Technologies and Law, Год журнала: 2023, Номер 1(3), С. 752 - 774

Опубликована: Авг. 20, 2023

Objective : to research the existing problems and promising directions of legal regulation digital financial assets as a relatively new tool modern economy. Methods methodological basis work is set scientific cognition methods such theoretical analysis, research, comparison, synthesis, summarization literature. Results analyzes approaches in Russian Federation some foreign countries, reveals gaps legislation field circulation assets, gives estimation prospects development these tools forms proposals for its improving. Also, during currencies adopted certain were analyzed, trends considered, positive negative aspects using cryptographic algorithms goals economic juridical spheres global economy reflected. Scientific novelty within work, topical issues legislative notion are considered. The positions jurist considered concerning risks associated with “tokenization” “blockachainization” private law. Besides, author comes conclusion about existence significant current approach indicates them proposes mechanisms solve problems. Practical significance due imperfect sphere relations occurring when technologies based distributed ledger, including assets. Research allows evaluating risks, considering ways overcoming solving emerging disputable questions. conclusions obtained can be used improve legislation, well academic literature devoted developing legislation.

Язык: Английский

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Review of digital assets. Trends in the development of Digital Financial Assets in the Russian Federation and forecast

Russian Journal of Economics and Law, Год журнала: 2024, Номер 18(2), С. 422 - 452

Опубликована: Июнь 12, 2024

Objective : to determine the current state of digital financial assets market and prospects for its development. Methods work uses comparative-logical methods, analysis, synthesis, comparative analysis in terms comparing theoretical aspects DFA practical use this technology; SWOT-analysis, method expert assessments. Results era digitalization many economic processes, one key trends markets is tokenization assets. At same time, there a lack high-quality institutional system managing The authors identified development trends, analyzed state, researched published scientific works prepared brief literature review, made SWOT-analysis market, advantages, potential threats Russia. paper identifies development, taking into account existing risks. This relevant investors when planning investments selecting DFAs as an investment object, diversify portfolio. Scientific novelty narrative was carried out. A traditional instruments performed. main regulatory solutions infrastructural problems were identified, that are necessary presented served basis formation author’s view DFA-technologies country, which researchers aspects, unification harmonization framework socio-economic relations. Practical significance study volume issues their most common types. issuers, operators organizers issues, can results make decisions activities using

Язык: Английский

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A Conceptual Model for Evaluating Digital Intellectual Assets

Finance Theory and Practice, Год журнала: 2023, Номер 27(4), С. 118 - 130

Опубликована: Авг. 28, 2023

The object of the study is valuation and commercialization digital intellectual assets. subject a conceptual model for assessing value assets, reflecting regulatory framework, objects, subjects, principles, approaches methods evaluation involved in civil turnover. relevance related to development economy emerging new types including which require their identification formation theoretical methodological basis valuation. purpose build estimating assets subsequent with consideration identified characteristics, substantiated factors, tools. comparative analysis, generalization, classification, logical, semantic functional modeling, cost estimation are used paper. trends digitalization analyzed, features determined based on concepts “digital asset”, “intellectual “object valuation”. A proposed, illustrating relationship its elements. process-functional IDEF0 notation constructed. It concluded that as objects conditions current regulation are: 1) results activity created use technologies, rights fixed information system form NFT tokens; 2) property exist or other forms. Their can be by method analogues, discounted cash flows creation method, depending assessment, factors taking into account principles evaluation.

Язык: Английский

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The institution of digital rights in Russian civil law

Law Enforcement Review, Год журнала: 2022, Номер 6(1), С. 245 - 256

Опубликована: Март 24, 2022

The subject of the study is institution digital rights, which has recently been enshrined in Russian legislation. This topic relevant since definition rights causes numerous discussions and disputes. Practice on this issue not yet developed, there are conflicts current purpose article to consider scope define category "digital rights", given that a deep difference between its broad narrow definitions. following tasks have solved achieve goal: (1) regulatory framework governing rights; (2) analyze main approaches (3) various definitions objects; (4) highlight characteristics (5) propose original rights" objects". Methodology. authors use general scientific dialectical method, as well formallegal, system-structural, formal-logical methods cognition. synergetic method used clarify features rights. It allows isolating new rules reality from creative potential chaos. results . Considering law variable phenomenon, it proved constantly changing. Analysis conclude an independent special type arise only relation objects created form. include: format, occurrence cyber-physical space, consolidation form software algorithms, accounting system carried out without intermediary, owner’s realized with access Internet key login. qualitative include following: material; some cases, they cannot be materialized no need for that; using modern high-tech systems; possible make transactions space; right inheritance limited by will due peculiarities ownership these can disposed participation third parties intermediaries; assets confidential. Conclusions. Based results, objects" proposed. Digital algorithm enshrines powers individuals legal entities own, use, alienate civil hightech systems, technical means provide owner opportunity exercise their powers. represent category, cryptographic code gives perform any actions - dispose of, alienate, transactions, other prohibited law. Legislative amendments legislation developed.

Язык: Английский

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A Digital Ruble as a Central Bank Obligation

Actual Problems of Russian Law, Год журнала: 2023, Номер 18(4), С. 41 - 60

Опубликована: Янв. 20, 2023

The paper is devoted to the issues of monetary emission in general and digital money particular. author examines various approaches currency issuance their security. enters into a discussion with supporters return gold-backing issue supports position concerning natural loss for gold such designation. exclusive right state represented by Central Bank money, including ruble, defended as manifestation (currency) sovereignty. It proved that appearance Bank’s (the ruble) does not change nature essence money. disagrees proposal transfer function another public authority claims it be completely groundless. obligation defined law nature, since lie plane private relations, but sphere its content ensure stability which means ensuring overall financial state.

Язык: Английский

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NFT as an Object of Legal Regulation

Actual Problems of Russian Law, Год журнала: 2022, Номер 17(12), С. 84 - 93

Опубликована: Ноя. 19, 2022

The paper is devoted to the study of legal nature a non-fungible token — NFT. discusses concept and types tokens. author defines as unit accounting in distributed ledger that digitally represents financial instruments or other assets expresses economic value objects being represented allows rights associated with them be exercised. According common point view, NFT serves means digital expression particular object, it has characteristics (signs) inherent exclusively it, by virtue which cannot exchanged for another token, cost one not conditioned notes listed features are all cases. In addition, using example NFT, draws attention problem artificial limitations mechanism regulation fundamentally new objects. It determined that, regard today Russian Federation, both legislator market regulator maintain status quo: state intervenes public relations develop during turnover tokens only if transactions involving violate law. Meanwhile, can expected eventually problems issue circulation will receive their regulatory resolution.

Язык: Английский

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Legally Binding Relationships with Regard to Digital Objects of Civil Rights

Lex Russica, Год журнала: 2020, Номер 73(10), С. 21 - 31

Опубликована: Окт. 23, 2020

The paper, based on the analysis of legal nature new digital objects civil rights (digital rights, currency), makes conclusions concerning possible models contractual relations arising from object’s data. author relies fact that in relation to category “a right” an independent object can be recognized only connection with peculiarities form (the which property are fixed) rather than its content. Token is seen as a technical concept. i.e. way fixing rights. paper substantiates retributive disposal right (both utilitarian and financial asset), according acquirer order transfer question undertakes pay certain amount money, under general rule, should qualified contract for sale right. At same time, each case this also refers transfers subject matter covers separate (cashless book-entry security, law obligation (claims)) classified by From author’s point view, currency system “other property” compliance sui generis principle. It concluded transactions non-defined contracts. Contractual aimed at exchanging various currency, cases not contrary law, analogy regulated rules applied sale, exclusive alienation agreement or license agreement. Based special provisions legally binding relationship regulating provided tax authorities informed about such possession object, has features natural obligation.

Язык: Английский

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Digital Objects of Civil Rights

Lex Russica, Год журнала: 2021, Номер 7, С. 32 - 43

Опубликована: Июль 19, 2021

The paper is devoted to the problem of digitalization objects civil rights. In context development digital economy, are consolidated and reflected in environment. Article 128 Civil Code Russian Federation sets forth concept They defined as property obligations other rights, which does not allow them be considered independent new types category rights introduced into legislation cover all that appear environment, results appearance legal relations, connection with it relevant introduce list an type or application regimes named objects. For example, categories big data, user data again make us think about regime information. Adhering understanding information itself we can conclude posted environment capable objectification intangible benefit (for personal integral part privacy, enshrined legislation), while owner this transfer right use persons. This a (exclusive) right. very provision objectified within framework services for its provision. Big if contain information, also covered by publicly available collected, analyzed, summarized persons accessing legally from open sources on Internet). addition, elucidates problems determining so-called virtual narrow sense (in-game objects, augmented reality), artificial intelligence robots created basis technology. general, concluded possible extend due regard peculiarities their consolidation

Язык: Английский

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