区块链技术在乌克兰金融系统应用过程中的规范和法律规制问题

IF 0.7 Q4 BUSINESS, FINANCE
Vyacheslav Blikhar, H. Lukianova, I. Komarnytska, Mariia Vinichuk, Vitaliy Gapchich
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引用次数: 2

摘要

本文的目的是研究识别区块链技术在乌克兰金融体系应用过程中存在的规范性和法律监管问题的理论和应用方面。所进行的研究结果使我们能够断言,区块链技术是一种定性的新工具,用于开展金融交易和加强乌克兰的金融体系,其本质是创建一个分散的数据库,由能够防止故意行为的区块链组成,其主题是数据伪造及其时间记录,目的是跟踪和控制交易。区块链技术在乌克兰金融体系中的重要作用已经确立,这体现在资金转移、跨境支付和加密货币功能的现代化过程中。揭示了乌克兰金融体系中区块链技术应用过程的立法规范和法律规制过于薄弱,具有局部性和碎片性,无法充分规范其在金融交易实施中有效应用的组织和法律机制。详细的研究表明,有必要对在乌克兰金融系统中应用区块链技术的过程形成一个国家规范和法律规章制度,因为已经确定了乌克兰金融系统的一些问题,特别是该国提供数字技术的水平较低和没有高速互联网。以及在区块链系统中使用技术和能源维护金融交易的高成本。通过对美国、英国和乌克兰的比较研究证明,b区块链技术的发展在很大程度上取决于该国的社会经济发展水平,以及在立法层面对现代挑战和危险影响下出现的问题进行监管的能力。提出了采用乌克兰“虚拟资产”法的必要性,该法律将通过统一规范和创建组织和法律机制来规范区块链技术在金融体系中的应用过程,从而部分解决最尖锐的问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
PROBLEMS OF NORMATIVE AND LEGAL REGULATION OF THE PROCESS OF APPLYING BLOCKCHAIN TECHNOLOGY IN THE FINANCIAL SYSTEM OF UKRAINE
The purpose of the article is to study the theoretical and applied aspects of identifying the problems of normative and legal regulation of the process of applying blockchain technology in the financial system of Ukraine. The results of the conducted research allow us to assert that blockchain technology is a qualitatively new tool for carrying out financial transactions and strengthening the financial system of Ukraine, the essence of which is the creation of a decentralized database consisting of blockchains capable of preventing deliberate actions, the subject of which is data falsification and their chronological records for the purpose of tracking and controlling transactions. The important role of blockchain technology in the financial system of Ukraine has been established, which is manifested in the modernization of the processes of moving funds, making cross-border payments, and the functioning of cryptocurrency. The excessive weakness of the legislative and normative and legal regulation of the process of applying blockchain technology in the financial system of Ukraine was revealed, which is situational and fragmentary in nature and cannot fully regulate the organizational and legal mechanisms of its effective application in the implementation of financial transactions. Detailed studies made it possible to substantiate the need for the formation of a national system of normative and legal regulation of the process of applying blockchain technology in the financial system of Ukraine, as a number of its problems were identified, in particular, the low level of the country's provision of digital technologies and the absence of high-speed Internet, as well as the high cost of using technologies and energy for maintenance of financial transactions in the blockchain system. On the basis of comparative studies of the USA, Great Britain and Ukraine, it has been proved that the development of blockchain technology is significantly dependent on the level of socio-economic development of the country and its ability to regulate problematic aspects arising under the influence of modern challenges and dangers at the legislative level. The need to adopt the Law of Ukraine "On Virtual Assets" is proposed, which will partially solve the most acute problems by unifying norms and creating an organizational and legal mechanism for regulating the process of applying blockchain technology in the financial system.
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CiteScore
0.60
自引率
20.00%
发文量
268
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