The paper analyzes current issues of legal transformation in the context of digitalization. It is noted that, despite the existing and undeniable opinion of experts on the importance of digital transformation of law, this issue is not sufficiently developed, there is no consensus on what exactly this transformation should be expressed and whether the legislation has a sufficient degree of adaptability. Meanwhile, the ability of the law to adapt to the requirements of the digital age has an impact on ensuring the positive development of the digital economy, on clear processes for implementing ‘digit' and on minimizing possible risks. The author pays main attention to the directions and stages of adaptation, determination of the legal status of digital technologies, their protection capacity and delinquency. The author identifies four components of adaptability of modern law and suggests evaluating it in two main directions: legal categories and institutions and private issues of technology regulation. Special attention is paid to the issue of copyright in the field of technology, but it is emphasized that first of all, the legal nature of the rights to the products of digital technologies should be determined. Based on expert assessments, key parameters of legal regulation of digital technologies and their products are determined and the need to supplement civil, financial and information law with new categories and institutions is justified. It is emphasized that the digital economy requires the development and adoption of fundamentally new legal structures. In addition, their development requires the efforts of the entire international community to ensure the universality of the law.
SIDORENKO ELINA L.
Center for Digital Economy and Financial Innovation
Publications of the author
In the journal
The article discusses the main risks of using new digital tools in the Russian and international financial system. Theauthor pays special attention to the dynamics of the use of cryptocurrency in criminal schemes: the sale of drugs, pornography,fraud, money laundering and terrorist financing. It is noted that until national and international measures are developed to protectagainst negative trends, the black market for the circulation of cryptocurrencies and related crimes will only grow. On the basis ofthe conducted criminological analysis, the main activities for the legalization of new financial instruments and the establishmentof financial control over their turnover were highlighted; attention was drawn to the need to adjust the financial control system dueto the active development of artificial intelligence. Special attention should be given to the author's approach to assessing the risksof remote identification and using artificial intelligence to prepare financial statements. It was concluded that the state legalregulation is lagging behind the pace of development of the digital space and the need for a detailed study of all issues related todigitalization.
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ABOUT PROSPECTS OF LEGISLATIVE REGULATION OF DIGITAL ASSETS IN THE RUSSIAN FEDERATION
E.L. SIDORENKO, Z.I. HISAMOVA
The article presents the results of a detailed analysis of the proposed legal concepts of regulation of digital financial assets in the Russian Federation. The key advantages and disadvantages of legal models, features of the mechanism of legal regulation, existing shortcomings and advantages are identified. In particular, the analysis identified conceptual contradictions and shortcomings of the bills ‘On alternative ways to attract investment (crowdfunding)', ‘On digital financial assets', ‘On amendments to parts one, two and four of the Civil code of the Russian Federation', as well as the final bill ‘On digital financial assets and on amendments to certain legislative acts of the Russian Federation'. On the basis of the detailed analysis the authors come to the conclusion about the inconsistency of the concept of the final bill. In particular, it is argued that the proposed regulation is unsystematic and illogical. The authors express concern about the inconsistencies in the interpretation of digital financial assets in the framework of the proposed bill, the global practice of understanding such assets, as well as the conceptual contradictions to the FATF position. In addition, the authors offer an analysis of the bill ‘On digital assets' developed by the Center for digital economy and financial innovation of MGIMO University.
The article analyzes the main risks of the appearance of a new financial instrument - crypto currency. It is noted that one of the main difficulties of the current state of affairs, which allows the criminalized segment of the crypto market to grow, is the lack of legal regulation in this area. The author emphasizes that at present neither in Russia nor in the world there is no single approach to a new financial instrument, its characteristics have not been determined, rules for functioning of the market and security have not been developed, moreover, science has not yet presented its vision of problems and has not offered methodical support. All this contributes to the development of crypto-crime, the definition of which was suggested by the author. The work analyzes the crimes related to the use of virtual currency. The main attention is paid to the use of crypto currency in the framework of legalization of criminal proceeds, financing of terrorism and theft of property. Based on expert assessments, the author reveals the main trends in the development of crypto-crime and forms forecasts for its qualitative and quantitative transformation. The author offers priority areas of legal regulation of new financial instruments that could ensure the safety of market participants and its evolution in the interests of the country's development.
The paper considers domestic and foreign approaches to the definition of virtual currency as an object of civil rights. The main attention is paid to the laws of Japan on the legal regulation of the crypto currency, the recommendations of the Swiss financial regulator and the main trends in the development of the crypto-currency market in Germany. On the basis of the data studied, the author reasonably states that the international community is not ready to develop common criteria for combating the legalization of criminal proceeds and the financing of terrorism in the sphere of regulating the turnover of crypto-currencies and proposes an analysis of doctrinal positions regarding the legal nature of crypto-currencies and tokens.Thus, the subject of the study was the main scientific and practical approaches to the definition of the object of civil rights in terms of their adaptability to cryptocurrencies. The objectives of the work are the search for a universal algorithm for resolving civil disputes related to the circulation of crypto currency in Russian and foreign judicial practice. Through the use of historical, comparative legal and dialectical methods, as well as the method of content analysis, Parallels were drawn between cryptocurrencies and individual objects of civil rights (property item, property rights, other property).
