Blockchain Technology and Law (questions of theory and practice)

I. Lagutin, N. V. Vycherova, O. S. Shumakova
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Abstract

This article is devoted to the analysis of the mechanisms of legal regulation of the Blockchain system, as one of the new directions of development of the world economy. The authors define all basic concepts used in the implementation of crypto-currency technologies, study the existing experience of regulation of the Blockchain system in certain foreign countries, as well as elements of responsibility and taxation of transactions and revenues received through Blockchain technologies. The aim: to study all the main elements of the Blockchain system in terms of modern legal approaches of the Russian Federation, as well as the basis of its legal regulation in world practice. Methods: formal-logical, comparative-legal (comparative), analysis, sociological. Results: Currently, the Blockchain system is actively developing both in general and in its individual directions. It is important to understand that attitudes towards this system are becoming increasingly positive in society, despite existing problems. The most promising, according to the authors, is the issue of production tokens with due legal formalization, as it is this form of the issue of crypto that solves the tasks of developing the economy of the state by means of attracting the necessary funds for the implementation of any project. At present, there is a need to develop common approaches and adopt international acts defining the foundations of the legal status and regime of circulation of crypto and the implementation of the Blockchain system, both at the national and international levels, which allow to ensure the proper level of security, both for States and for participants in these processes. Undoubtedly, in the future, certain registration of Blockchain projects will be required, which will ensure a proper level of transparency and as a consequence of the legality of these projects. Moreover, the mechanism of taxation not only of transactions with crypto, but in general of organizations implementing Blockchain technologies and receiving profit from it, as well as the issues of liability of these firms under the legislation of the Russian Federation and foreign countries are still unclear, which will not allow this system to develop successfully in the future.
区块链技术与法律(理论与实践问题)
区块链作为世界经济发展的新方向之一,本文致力于对其法律规制机制进行分析。作者定义了加密货币技术实施中使用的所有基本概念,研究了某些国家对区块链系统的现有监管经验,以及通过区块链技术获得的交易和收入的责任和税收要素。其目的是:根据俄罗斯联邦的现代法律方法研究区块链系统的所有主要要素,以及其在世界实践中的法律监管基础。方法:形式-逻辑、比较-法律(比较)、分析、社会学。结果:目前,区块链系统在总体和个人方向上都在积极发展。重要的是要了解,尽管存在一些问题,但社会对这一制度的态度正变得越来越积极。根据作者的说法,最有希望的是具有适当法律形式化的生产代币的问题,因为这种形式的加密问题通过吸引实施任何项目所需的资金来解决发展国家经济的任务。目前,有必要制定共同的方法,并通过国际法案,在国家和国际层面确定加密货币流通的法律地位和制度的基础,以及区块链系统的实施,从而确保国家和这些进程的参与者的适当安全水平。毫无疑问,在未来,区块链项目将需要一定的注册,这将确保适当的透明度,并作为这些项目合法性的结果。此外,不仅对加密交易征税的机制,而且对实施区块链技术并从中获利的组织征税的机制,以及这些公司在俄罗斯联邦和外国立法下的责任问题仍不清楚,这将不允许该系统在未来成功发展。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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