scholarly journals SMART CONTRACTS FOR THE DIGITAL ECONOMY: THE NEW NORMALITY

Author(s):  
В.В. Мусатов ◽  
А.В. Попова

Человеку по своей природе свойственно все упрощать и оптимизировать процесс своей работы. Изобретение компьютера и вычислительной техники позволили людям упростить и облегчить математические вычисления. Очередь оцифровывания добралась и до договорного права. В настоящей статье автор на основе гражданского законодательства Российской Федерации и зарубежных стран проводит анализ возможности применения смарт-контракта и юридические последствия его использования. It is human by nature to simplify and optimize the process of his work. The invention of the computer and computing technology allowed humans to simplify and facilitate mathematical calculations. The line of digitization has also reached contract law. In this article, the author analyzes the possibility of using a smart contract and the legal consequences of its use based on the civil legislation of the Russian Federation and foreign countries.

Legal Concept ◽  
2019 ◽  
pp. 54-60
Author(s):  
Nizami Safarli

Introduction: the paper is devoted to a new phenomenon in business activity in the conditions of IT development that contribute to the creation of secure contractual relations on the Internet on the basis of transactions executed through smart contracts. The author notes that the need for amendments that could fill the loopholes in the current legislation is obvious. And, first of all, it concerns Blockchain technology – the algorithm that mediates the safe development, conclusion and execution of smart contracts. Blockchain technology is considered in the paper as one of the safest means for concluding and executing smart contracts. The author argues that the study of the concept, legal nature and essence of smart contracts is relevant in the light of spreading their share in the total array of transactions in the world economy in conjunction with the changing domestic legislation governing the relevant sphere, as well as the international integration processes affecting the intensification of foreign economic activity of the Russian Federation. The smart contract concepts formulated by the Russian legislator in the process of upgrading the array of statutory regulation under conditions of economy digitalization are studied and compared. The features of conclusion and protection of the smart contract in the civil legislation of the Russian Federation are analyzed. In order to fully articulate the concept of the smart contract, reflecting its essence, functional purpose and legal nature, it is proposed to create a special law that would focus on the conclusion and implementation of “the smart contract” and the specification of the general norms of the civil code. At the same time, the norms of other special laws would supplement and correct the provisions fixed by this act depending on the sphere of managing and the legal regulation branch. The concept of the smart contract is formulated; its value for economic and contractual activity, and also the advantages and disadvantages of its application are established. The possible classifications of smart contracts are given.


Author(s):  
Marina Alekseevna Yakovleva

The article analyzes the current system of currency regulation and control and reveals the structure of subjects of currency regulation and control. There have been proposed the changes necessary for adaptation to the conditions of the digital economy. There has been presented the scheme of the unified system of currency regulation and control, and defined its main elements. The retrospective illustrates the process of reforming currency control agencies and agents on the eve of Russia's transition to the digital economy. There have been revealed both current legal norms that determine the structure and functionality of subjects of currency regulation and control and bills related to the subject under study. The current state development program “Digital Economy of the Russian Federation” for 2017–2025 acting in the Russian Federation is found not to contain the procedure for state regulation of foreign exchange transactions in the digital economy and not to disclose the functionality of the regulatory authorities in the context of digitalization. The analysis of the work of Russian researchers, supplementing the theory and methodology of currency relations has been carried out. Currency regulation and control are studied from the perspective of the activities of the state bodies of the government, by means of administrative, legislative and organizational measures aimed at maintaining a stable external balance and sustainable economic growth. The concept and the nature of a smart contract is considered in detail, the principal differences (according to the criteria of the form, subject, settlements and fulfillment of other obligations of the transaction) of the smart contract from the foreign trade agreement in electronic form are given. There has been proposed the author’s vision of the future development of the subject structure of currency control and made an attempt to determine the direction of further reform


This article aims to consider a promising trend for developing the digital economy, i.e. innovative digital rights in corporate relations. The authors of the article have determined that innovative technologies are being introduced into the economic life of Russia and foreign countries but legal protection issues remain insufficiently settled. Since October 1, 2019, new provisions of the Civil Code of the Russian Federation will have come into force. According to these provisions, digital rights will become a new object of civil rights; citizens and corporate legal entities will receive additional guarantees that will allow them to more actively participate in the development of the future economy. The authors have concluded that the adoption of these innovations will contribute to the improvement of the Russian legislation on digital financial assets. They suggest that transaction methods via electronic and other technical means should be further elaborated. The authors emphasize the fact that the Government of the Russian Federation approved the program "Digital Economy of the Russian Federation" aimed at developing the digital economy. This program dwells on provisions of the Strategy of information society development in Russia for the years 2017-2030.


2020 ◽  
Vol 19 (9) ◽  
pp. 1723-1735
Author(s):  
A.Yu. Pronin

Subject. The article investigates the program-targeted planning methodology, which is implemented in the Russian Federation and leading foreign countries, for high-tech industry development. Objectives. The aim is to identify the specifics of program-targeted planning for the development of high-tech industries, to shape programs and plans for innovative development in the Russian Federation and leading foreign countries. Methods. The study employs general scientific methods of systems analysis, including the statistical and logical analysis. Results. I reviewed methods of program-targeted planning, implemented by the world’s leading countries (the Russian Federation, United States of America, France, Great Britain, Netherlands, Norway, Japan, Canada), in the interests of the development of various high-tech sectors of the economy. The study established that the methodology of program-targeted management is an effective tool for resource allocation by various types of economic activities in accordance with national priorities. I developed proposals by priority areas for improving the methodology for program-targeted planning and management in the Russian Federation in modern economic conditions. Conclusions. The findings and presented proposals can be used to improve methods for program-targeted planning to develop high-tech sectors of the economy; to design various long-term programs and plans, reducing the risk of their implementation; to determine the ways and methods of sustainable socio-economic and innovative and technological development of the world's leading economies.


2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.


2018 ◽  
Vol 941 (11) ◽  
pp. 61-64
Author(s):  
A.M. Lelyuhina ◽  
М.V. Litvinenko ◽  
O.V. Miklashevskaya

The current issues of reforming the current tax system in the Russian Federation in the context of the transition to determining the amount of real estate taxes based on the cadastral value of real estate objects are discussed. The decision on adopting elements of a tax system in practice should be scientifically and methodologically based. The rational construction of the tax system of Russia contributes to the study of foreign tax systems’ models. In the article, the systems for calculating real estate tax established in the foreign countries under consideration are highlighted. Everything is based on analyzing the practice of real estate valuation in the UK, France, Belgium, Latvia, Finland, USA and Chile. A comparison is made of the grounds for calculating the property tax, their distinctive features. The main approaches to determining the cadastral value taking place in the cadastral systems of foreign countries are summarized. The conducted studies provide grounds for identifying trends in real estate valuation, which are being introduced into modern Russian cadastral valuation practice.


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