scholarly journals ECONOMIC NATURE AND LEGAL STATUS OF CRYPTOCURRENCY

2020 ◽  
pp. 3-13
Author(s):  
Ирина Александровна Астраханцева ◽  
Роман Геннадьевич Астраханцев
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Civil Law ◽  
Virtual Currency ◽  
Legal Norms ◽  
Digital Version ◽  
Starting Point ◽  
The Subject ◽  
Definition Of ◽  
Tangible Asset

The article focuses on the relevance of establishing legal norms for virtual currency, which is currently working in the gray zone. The article substantiates why cryptocurrency was referred to other property in the framework of civil law. The issues of referring cryptocurrency to such objects of civil rights as monetary funds, currency values, securities, intellectual property, intangible assets, etc. are considered in detail. Based on a comprehensive analysis, the classification of cryptocurrency as a different property within the framework of civil law is substantiated. The author's definition of cryptocurrency is given as a cryptographically protected property with signs of cryptographic authentication, decentralization, management through consensus, and the use of distributed ledgers. The economic essence and legal status of the cryptocurrency proposed by the authors emphasize the exclusively digital version of the existence and use of this object, indicates the possibility of the turnover of this asset, delimits the concept of cryptocurrency, non-cash and electronic money. The definition of a crypto asset as property makes it possible to develop tax legislation, since the implementation of cryptocurrency is close to investment instruments, which makes it possible to clarify the issue of paying such a tax as VAT. Cryptocurrency as property describes not the thing itself, but the legal relations associated with it, that is, those rights that, according to the rules of law, can be exercised. The article also raises one of the main issues that must be resolved - this is the recognition of ownership of this specific type of property. According to the authors, the starting point for determining the ownership of the cryptocurrency should be that the subject of the right will be the owner of this asset if he legally gained access to the private key by analogy as the subject acquired the ownership of a tangible asset on a legal basis.

The Legal Status of Cryptocurrencies in the Russian Federation

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Virtual Currency ◽  
Content Analysis Method ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.

Tendencies of Development of Legal Regulation Emission and Turnover Bonds in the Legislation of Poland

10.12737/397 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 0-0
Author(s):  
Андрей Богустов ◽  
Andrei Bogustov
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Civil Law ◽  
Legal Regulation ◽  
Securities Market ◽  
Concept Definition ◽  
Current Trends ◽  
The Subject ◽  
Definition Of ◽  
Debt Holders

The subject of research is the notion and the features of a bond as a subject of the Polish civil law. The aim of research is the exposure of the current trends of legal regulation of bond issue and handling on example of the legislation of Poland. The methodological basis of the research contains the comparative law approach. In the course of investigation the author has come to the conclusion that the legislation of Poland governing the issue and handling of bonds reflects a number of current trends of the development of civil law as following: the differentiation of legal regulation of the securities market, the unacceptance of the universal concept definition of the term «security», the dematerialization of the securities, the approximation of the legal status of a share and a bond, the enhancement of the measures of the corporation’s shareholders and debt holders protection, the approximation and mutual loanword of the common and continental law countries legislation, the extention of the frame of reference of legal civil rights represented with securities.

Intersectional relations between executive law and civil law of Ukraine

2021 ◽  
pp. 169-175
Author(s):  
N. Sergiienko
Keyword(s):  
Legal Status ◽  
Mutual Influence ◽  
Civil Law ◽  
Scientific Research ◽  
Civil Code ◽  
Scientific Article ◽  
Executive Process ◽  
The Subject ◽  
Definition Of

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

scholarly journals Cryptocurrency fraud schemes analysis

2021 ◽  
Vol 106 ◽  
pp. 02001
Author(s):  
Irina Astrakhantseva ◽  
Roman Astrakhantsev ◽  
Alexey Los
Keyword(s):  
Civil Law ◽  
Criminal Prosecution ◽  
Gray Zone ◽  
Virtual Currency ◽  
Legal Norms ◽  
Different Types ◽  
Definition Of

The article focuses on the relevance of establishing legal norms for virtual currency, which is currently working in the gray zone. The article substantiates why cryptocurrency was referred to other property in the framework of civil law. The author suggests a definition of cryptocurrency to introduce it into legislation. Attributes of cryptocurrency theft are considered. The most attention is given to fraud, in particular different types of cryptocurrency phishing, and possible ways of criminal prosecution for cryptocurrency theft.

SMART CONTRACT: CONCEPT, LEGAL REGULATION, ASPECTS OF CONSUMER PROTECTION

2021 ◽  
Vol 14 (4) ◽  
pp. 236-247
Author(s):  
IRINA VIKTOROVNA ERMAKOVA ◽  
◽  
◽  
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Smart Contracts ◽  
Legal Norms ◽  
Legal Relationship ◽  
Smart Contract ◽  
The Subject ◽  
Definition Of

The subject of the research is legal norms aimed at regulating by law relations in the field of concluding and executing smart contracts, including issues of protecting the rights of the parties to such contracts, including consumers. The object of the research is social relations arising in the process of creating, concluding and executing of smart contracts. Particular attention is paid to the theoretical and practical aspects of the definition of the concept of “smart contract” and its essence, as well as its legal status. In addition, the article considers approaches to defining the essence of institutions that are closely related to the category of “smart contract”, such as “cryptocurrency”, “digital ruble”, “mining”. The aspects of the protection of fundamental rights of the parties involved in the considered legal relationship, including consumers, are also analyzed. Examples of court decisions regarding the corresponding category of cases are given. The novelty of the research lies in determining the current approaches in relation to the essence, concept and legal status of smart contracts, including the current position of law enforcement practice in relation to this issue. In addition, the novelty of the study lies in considering the practical aspects of the conclusion and execution of smart contracts, including, indicating examples of blockchain platforms on the basis of which smart contracts can function. Ultimately, the study led to the development by the author of some proposals in order to improve the relevant legislation. In particular, the author proposed to consolidate at the legislative level the legal definition of the concept of “smart contract”, indicating the appropriate wording.

scholarly journals Cryptocurrency as a New Financial and Legal Instrument: Defining Cryptoassets in Property Law

2021 ◽  
Vol 93 ◽  
pp. 02002
Author(s):  
Irina Astrakhantseva ◽  
Roman Astrakhantsev
Keyword(s):  
Civil Rights ◽  
Research Study ◽  
Property Law ◽  
Legal Basis ◽  
Private Key ◽  
Starting Point ◽  
Different Types ◽  
The Subject ◽  
Tangible Asset ◽  
The Right

The scientific research study is about the approach to crypto assets in property law. The cryptocurrency, possessing the signs of many civil rights, at the same time does not belong to any of them and does not correspond with anyone in a complete way. This is due to the uniqueness of cryptocurrency as a phenomenon itself. Cryptocurrencies can also represent different types between cryptocurrency holders, as well as between holders and creators of the platform, which have been concluded by implicit actions. The authors propose new definition for cryptocurrency through the cryptographically protected property concept, which has the feature of cryptographic authentication, decentralization, management through consensus, the use of distributed ledgers. According to the authors, the starting point for determining the ownership of the cryptocurrency should be that the subject of the right will be the asset’s owner if he or she legally gained access to the private key, by analogy as the subject acquired the ownership of a tangible asset on a legal basis.

scholarly journals A Fenomenologia da experiência jurídica em Adolf Reinach

Phainomenon ◽  
2011 ◽  
Vol 22-23 (1) ◽  
pp. 403-422
Author(s):  
Carlos Morujão
Keyword(s):  
Legal Status ◽  
Edmund Husserl ◽  
A Priori ◽  
Civil Law ◽  
Logical Relation ◽  
Legal Norms ◽  
Starting Point ◽  
Legal Formalism ◽  
Civil Codes ◽  
The One

Abstract In this paper I will focus on Adolf Reinach’s work A Priori Foundations of Civil Law. Reinach, a member of the so-called “Circle of Göttingen”, formed around Edmund Husserl, sought in this work to apply phenomenology, understood as a doctrine of essences, to the problem of the constitution of legal norms. Surprisingly, however, his starting point is an analysis of the promise – whose legal status is weak, appearing only in some civil codes (as the Portuguese), in expressions such as “promise of sale” – and the Verbindlichkeit it establishes between the one who makes the promise and the person who is promised something. Between promise and its fulfilment Reinach establishes a logical relation of cause and consequence, although he claims a different status for his legal formalism from that of Kant’s. In this paper I will address not only Reinach’s starting point, but also his claim to ground the Science of Law on objective legal formations, which can be intuited in the same way numbers or physical objects are intuited.

scholarly journals On administrative-legal status of the driving examiner and examinee in the case of a traffic accident during the driving test

2020 ◽  
pp. 19-25
Author(s):  
Fazil Nazim ogly Zeinalov ◽  
Oleg Evgen'evich Gubenkov ◽  
Irina Sergeevna Mikhaleva
Keyword(s):  
Law Enforcement ◽  
Traffic Safety ◽  
Traffic Accident ◽  
Legal Status ◽  
Legal Framework ◽  
Legal Norms ◽  
The Subject ◽  
Definition Of ◽  
Enforcement Activity

The object of this research is the system of public legal relations in the area of ensuring traffic safety. The subject of this research is the legal norms that regulate the administrative legal status of the driving examiner and examinee during a driving test. This work aims to conduct the analysis of the normative legal base regulating the driving test, as well as the legal status of the parties present in the vehicle during the driving test. The novelty of this study is justified by the practical and scientific importance of the problems of law enforcement activity in the area of ensuring traffic safety, as well as the need for improvement of the legal framework regulating authority of police divisions and departments in Russia. The authors analyze the federal legislation regarding legal status of the driving examiner and examinee during a live driving test. Proposals are made on establishing administrative legal status of the examiner, development the definition of “practice driving”, and determination of relation of live driving test to practice driving.

scholarly journals Administrative and legal status of the Civil service of Ukraine on geodesy, cartography and cadastre

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Svitlychnyi Oleksandr ◽  
◽  
Shpak Oksana ◽  
Keyword(s):  
Legal Status ◽  
The State ◽  
State Service ◽  
Legal Personality ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Obligations ◽  
The Subject ◽  
Definition Of ◽  
Subjective Rights

Based on the analysis of doctrinal opinions and current regulations, the article examines the legal categories of «legal status», «administrative and legal status», which in legalliterature is characterized through the following legal institutions: public subjective rights and legal obligations; legal personality; subjects and objects of management; state coercion, etc. It is emphasized that in the system of legal norms that determine the administrative and legal status of the subject of public administration, the leading role is played by the norms of administrative law. The activity of the State Service of Ukraine for Geodesy, Cartography and Cadastre is analyzed. According to the results of the research, the author's definition of the concept «administrative and legal status of the State Service of Ukraine for Geodesy, Cartography and Cadastre» is given. Keywords: category, legal status, administrative and legal status, activity

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

Sign in / Sign up

Export Citation Format

Share Document