全球和政府监管虚拟资产的现代方法:选择什么来支持数字创新?

1 Pub Date : 2023-11-15 DOI:10.26565/1684-8489-2023-1-04
Aleksander Kud
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引用次数: 0

摘要

本文对超国家和政府监管虚拟资产流通的现代方法进行了批判性展望,这些方法的发展已经充满信心,而且实际上决定了全球和各国对虚拟资产这一非常不同类别的看法之间的冲突。本文旨在从支持国民经济数字创新的角度,总结全球范围内--从全球到国家层面--关于虚拟资产流通的一些主要监管方法及其批判性分析。 本文是正在进行的广泛专家和政治辩论的延续,辩论的主题是政府官员和总统在虚拟资产,特别是有支持(担保)的代币化资产的流通问题上应遵循什么原则。 本文的表述和判断逻辑与对这些问题的逐步思考有关:(1) 国际货币基金组织的基本政治方针及其从公共管理角度的讨论;(2) 各国政府在全面实施国际货币基金组织 2023 年虚拟资产监管政策建议方面的制度和行政风险;(3) 其他权威超国家组织制定的虚拟资产谨慎(审慎)流通的普遍标准;(4) 多层次和单层次虚拟资产监管方法协调中的关键问题概述;(5) 重点介绍目前世界上政府(国家)监管虚拟资产的方式和范围中的 5 种监管方法;(6) 作者对监管方法的比较和评估;(7) 在 2023 年通过新的《虚拟资产法》的背景下,评估乌克兰支持虚拟资产流通领域技术创新的前景。 作者得出的最终结论是,总体而言,超国家和国家监管机构在虚拟资产流通领域的现代监管工作主要集中在非法融资、不公平竞争和新旧金融资产市场的完整性等问题上,并侧重于对虚拟资产领域私人服务提供商的经验和财务稳定性的要求。然而,越来越多的人认识到,监管机构将或多或少地达成一种单一或多重监管方法,这种方法将在超国家层面制定,而这只会促进技术创新。这种方法很可能是综合的--基于监管的灵活性和原则(预期结果)。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Modern approaches to global and governmental regulation of virtual assets: what to choose to support digital innovations?
The paper offers a critical outlook at modern approaches to supranational and governmental regulation of the circulation of virtual assets, which have already developed with confidence and which actually determine the conflict between generally global and national views on a very heterogeneous category – virtual assets. The purpose of this article is to summarize some key regulatory approaches spread globally – from global to state levels – regarding the circulation of virtual assets and their critical analysis from the point of view of supporting digital innovation in a national economy. The paper is a continuation of the ongoing wide-ranging expert and political debate about what government officials and presidents should be guided by in matters of circulation of virtual and, in particular, backed (secured) tokenized assets. The logic of the presentation and judgments in the paper is related to the step-by-step consideration of such issues: (1) the basic political approach of the International Monetary Fund and its discussion from a public-management point of view; (2) institutional and administrative risks for governments regarding the full implementation of the IMF’s 2023 policy recommendations on the regulation of virtual assets; (3) widespread standards for the prudent (prudential) circulation of virtual assets, which were developed by other authoritative supranational organizations; (4) an overview of key problems in the coordination of multi- and single-level approaches to the regulation of virtual assets; (5) highlighting 5 regulatory approaches in the ways and scope of governmental (national) regulation of virtual assets currently operating in the world; (6) author’s comparison and assessment of regulatory approaches; (7) assessment of Ukrainian prospects in supporting technological innovations in the field of circulation of virtual assets in the context of the adoption of the new law «On Virtual Assets» in 2023. The author makes the final conclusion that, generally, modern regulatory efforts of supranational and state regulators in the field of circulation of virtual assets are mostly focused on the problems of illegal financing, unfair competition and the integrity of new and old markets of financial assets, as well as focused on requirements for experience and financial stability of private service providers in the field of virtual assets. However, there is a growing understanding that regulators will arrive at a more or less single or multiple regulatory approach, which will be set at the supranational level, and this will only facilitate technological innovation. Such an approach will most likely be combined – based on regulatory flexibility and on the basis of principles (expected results).
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