虚拟资产的综合分类

A. Kud
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引用次数: 3

摘要

背景:现代各国立法者的问题之一是,他们试图在研究事物起源的性质之前对其进行规范,这在逻辑上导致了法律框架中对其定义的许多错误。由于虚拟资产缺乏统一的定义和明确的分类,无法根据其基本和独特的特征来实施财产财务和管理会计方法,因此几乎不可能确定虚拟资产的重要特征,从而将其纳入法律并建立适当的法律框架。本文致力于解决一个相关的、跨学科的科学和应用任务,即开发一种综合的、多层次的虚拟资产分类方法。与现有的少数几种侧重于部分虚拟资产现象及其实施方法的分类不同,本文对所有已知类型的虚拟资产进行了全面的比较,这证实了本文提出的分类的全面性。目的:发展和充实对已知虚拟资产类型的全面、多层次分类,解决虚拟资产系统化的跨学科科学和应用任务,为未来发展以不同类型虚拟资产为对象的单一关系调节方法提供依据。材料与方法:为了研究虚拟资产的性质并进行全面的分类,采用了一套科学的研究方法:分析,包括因果分析、综合、比较、概括、系统化、结果解释和归纳。结果:作者描述了虚拟资产的技术、经济和法律、信息和应用三位一体的性质。这种虚拟资产分类将有助于确定有前途的财产和权利会计工具。与其他已知的区分虚拟资产的方法不同,在这些方法中,加密资产(或加密货币)是不合理的“领导者”,作者首次区分了代币化资产组。由于与财产的直接关系,这一特殊群体允许在现代数字会计系统中对财产和权利进行会计核算和重新核算——基于分布式账本技术(区块链)的去中心化信息平台,而由于缺乏与财产的直接关系,这种会计核算不能使用加密资产进行。在虚拟资产中,笔者区分了数字资产,并分析了“数字资产”一词的语义特征。数字资产是以作为原始资产的独特信息资源为基础,并以实物资产的衍生性为基础,这与其他类型的虚拟资产有很大的区别。所有这些都允许将其视为实施财产财务和管理会计方法的有效工具。因此,数字资产的所有者可以使用新的方式来计算他们的财产和个人非财产权利。根据数字资产的属性,作者区分了其他类型的虚拟资产:多资产和单一资产,并提供了相关示例。作者提供了它们的特征和结构组件的特征,同时将它们与数字资产的特征进行了比较,并就传统交易各方之间相互义务的实施给出了明确而众所周知的金融和法律类比。本文还首次系统化了代币化资产的七个属性和参数,并因此描述了代币化资产的三种变体的属性:单资产、多资产和数字资产。这样就可以根据虚拟资产性质的复杂性,将虚拟资产的种类分为三级分类。作者的分类区分了七种类型的虚拟资产,并包含了它们的描述。结论:总的来说,拟议的分类方法可以为如何比较众多已知虚拟资产以及如何将它们与国家的法律框架联系起来的问题提供科学的答案。这些发展对基本上每个国家的立法者、金融、税务和银行国家机构以及私营公司在其业务活动中记账和对虚拟资产进行会计核算都很有用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Comprehensive сlassification of virtual assets
Background: One of the problems of the modern lawmakers in different countries is that they try to regulate an object before they study the nature of its origin, which, logically, entails many errors regarding its definition in the legal framework. The absence of unified definitions and clear classification of virtual assets as tools for implementing the methods of financial and management accounting of property according to their fundamental and unique features makes it nearly impossible to determine the features of virtual assets important for legal regulation and, therefore, to enshrine them in laws and establish a proper legal framework. The paper is dedicated to solving a relevant and cross-discipline scientific and applied task of developing a comprehensive multilevel classification of virtual assets. Unlike the few existing classifications that focus on parts of the virtual asset phenomenon and selective methods of its implementation, the paper proposes an all-encompassing comparison of all known types of virtual assets, which confirms the comprehensiveness of the classification proposed in this paper. Purpose: To develop and substantiate a comprehensive and multilevel classification of known types of virtual assets, which allows solving the cross-discipline scientific and applied task of systematizing virtual assets for future development of a single approach to regulating relations, the objects of which are different types of virtual assets. Materials and Methods: In order to study the nature of virtual assets and develop a comprehensive classification, a set of scientific research methods has been used: analysis, including cause and effect analysis, synthesis, comparison, generalization, systematization and interpretation of results and induction. Results: The author describes a triune nature of virtual assets: technological, economic and legal, information and applied. This classification of virtual assets will allow determining promising tools for accounting of property and rights. Unlike other known approaches to differentiating virtual assets, where crypto-assets (or cryptocurrencies) were unjustified “leaders”, the author has distinguished the group of tokenized assets for the first time. This particular group, due to its direct relation to property, allows performing accounting as well as reaccounting of property and rights in modern digital accounting systems – decentralized information platforms based on the distributed ledger technology (blockchain), whereas this accounting cannot be performed using crypto-assets due to absence of direct relation to property. Out of virtual assets, the author distinguishes a digital asset and analyzes the semantic features of the term “digital asset”. The digital asset is based on a unique information resource as the original asset and on the property of derivativeness from the real asset, which greatly differentiates it from other types of virtual assets. All of that allows considering it as an effective tool for implementing the methods of financial and management accounting of property. Thus, owners of digital assets can use the new way of accounting of their property and personal non-property rights. Based on the properties of a digital asset, the author distinguishes other types of virtual assets: polyasset and monoasset, with the relevant examples. The author provides the characteristics of their features and structural components while comparing them to the features of digital assets and giving clear and well-known financial and legal analogies regarding the implementation of mutual obligations between parties to a traditional deal. The paper also contains the first systematization of seven properties and parameters of a tokenized asset and, therefore, description of properties of three variations of a tokenized asset: monoasset, polyasset and digital asset. This allowed presenting the varieties of virtual assets as a three-level classification based on the complexity of the nature of virtual assets. The author’s classification distinguishes seven types of virtual assets and contains their description. Conclusions: Overall, the proposed approach to classification allows giving a scientific answer to the question of how to compare the multitude of known virtual assets and how to relate them to the legal framework of a state. These developments will be useful for legislators in basically every country, financial, tax and banking state bodies, as well as private companies when keeping books and performing accounting of virtual assets in their business activity.
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