cryptocurrencies

E-commerce using blockchain technologies

Introduction. The article analyzes the practice of using blockchain technologies for commercial activities in the Russian Federation. Currently, in the Russian Federation, two main directions of such commerce can be distinguished: conclusion and execution of smart contracts; implementation of transactions with cryptocurrencies. Theoretical analysis. Nowadays, the Russian legislation hardly regulates the conclusion of smart contracts. However, this does not prevent entrepreneurs from using some general provisions of the Civil Code in their practical activities. As for cryptocurrencies (digital currencies), they are not currencies in the literal sense and the number of transactions with them is significantly limited by the legislator. Empirical analysis. Gaps in domestic legislation are currently being filled to some extent by court practice, primarily arbitration. In particular, the courts clearly qualify the cryptocurrency mining activity as entrepreneurial. As for investing financial resources in cryptocurrencies, it is regarded as a form of fiduciary management. Results. At this stage, it is necessary to recognise digital currencies as assets not only for certain purposes, but for a wider range of relationships. As far as smart contracts are concerned, an important problem is the problem of understanding its meaning and content by all its parties. To solve this problem, it is necessary to introduce a rule in the national civil legislation according to which a smart contract should have a text with all its terms in Russian (or in any other language acceptable to both parties).

Digital Rights as a New Object of Civil Rights

Introduction. The article analyzes the changes made to the Civil Code of the Russian Federation concerning introduction of a new object of the civil rights – the digital rights. Theoretical analysis. The category of the digital rights is designed to settle the relations arising from the use of cryptoassets, first of all, such as cryptocurrencies and tokens. At the same time, it is not directly specified in the accepted edition of the law, the definition of the digital rights used in the edition can potentially extend to a much wider range of objects. At the same time, cryptocurrencies and tokens are not essentially new objects of the rights. In fact, they represent entries in the decentralized register constructed with the use of blockchain technologies. They are neither property nor property rights, they represent a technologically new way of a record of property rights. Results. The author draws the conclusion that it is inaccurate to refer to the digital rights as the objects of civil rights. To regulate economic circulation, it would be sufficient to recognize the fact that property rights can be recorded in a digital form, including recording by means of entering records into the decentralized registers. Consolidation of similar provisions in the civil legislation would allow to apply all the civil tools necessary for the use and protection of cryptoassets.