Open AccessNew technologies and law: a modern legal approach to the distributed registry technology
Author(s) -
Лариса Санникова,
Ю.С. Харитонова
Publication year - 2019
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2019.101.4.062-069
Subject(s) - legislation , commission , witness , legislature , political science , law and economics , law , business , sociology
Currently we witness an active debate on whether legal mechanisms should be established to mediate the use of new technologies. The authors believe that digitalization of social relations has a global character, changes the foundations of the society and requires the development of adequate legislation based on the in-depth study of the processes. It is proved that, first, it is necessary to develop a scientific concept of the mechanism of legal regulation of relations using the technology of distributed registers (the TDR) in economic activity, in the spheres of public administration and implementation of public functions. The article, based on the problems of law enforcement practice, formulates the main characteristics of the study that could, in the authors’ opinion, give a really necessary legal solution to the state and society. Such research will allow us to formulate scientifically grounded proposals concerning legislative regulation of public relations with the use of the TDR that will include the development of legal frameworks of objects of relations arising as the result of the use of the TDR and being of economic value (digital assets, in particular tokens, cryptocurrencies, digital rights); in determining the legal status of entities using the TDR; in the formation of a system of indicators for assessing the use of the TDR in various spheres of public relations; in giving legal qualification of transactions in distributed registers and the legal consequences of their commission; in the creation of an integral legal mechanism for protection of participants in legal relations using the technologies of the distributed register. The main result of the study under consideration will be the developed scientific concept of the mechanism of the legal regulation of relations with the use of the TDR in economy, in the spheres of public administration and the implementation of public functions. Otherwise, this area will suffer from incomplete legislative regulation with the need for constant «patching of holes» associated with the hasty and ill-considered law.