Review of the actual issue

The First issue of the 2018 journal of law and digital economy was published

in issue:

О.А. Gorodov, M.A. Egorova. Main trends of enhancing legal regulation of digital economy in Russia.

The article considers the main trends for improving the legislation in Russia in the digital economy domain. In particular, the authors provide suggestions on enhancing provisions of the civil law concerning intellectual property, the Law on information, information technologies and protection of information, and other normative legislative acts; an analysis of legal regulation of digital relations in other countries is also provided.

 

Stephen Breu. Do blockchain and cryptocurrencies require a new legislative framework?

The digital economy and especially Blockchain technology are opening interesting new fields for regulating and legislative authorities. Some government representatives make the mistake to look at blockchain applications mainly as underlying technology for cryptocurrency technologies. But the technology can be used far wider as a way for secure decentralized data storage. Storing data on worldwide networks makes the blockchain applications difficult to regulate as they are not residing in a specific area of influence of any given regulation or jurisdiction. Also the blockchain applications offer an extensive level of anonymity to their stakeholders. In  future artificial intelligence will start to optimize the applications and trigger decisions automatically which will become a major challenge for competition and anti-trust regulators as it will be difficult to define legal entities with responsibility for the action taken. Beside building up an appropriate regulation regime the inherent challenges in blockchain technologies will ask for a strong self-regulation of the market participants in the digital marketplace.

 

N. V. Makarchuk. Public legal restrictions of cryptocurrencies

In the conditions of digitalization of the economy, legal regulation should both guarantee the public interests and promote the development of private entrepreneurial activity. The creation of a favourable legal regime for the emergence and development of modern technologies and their effective use in economic activities requires removal of the current legal prohibitions; at the same time, to prevent the adverse effects of economy digitalization, new public law restrictions are needed.  This article considers some grounds and limits of restrictions on the right to use cryptocurrency, which allow minimizing some possible risks in the transition to a new model of the market economy operation.

 

L.V. Sannikova. Yu. V. Kharitonova. Digital assets and technologies: some legal aspects of conceptual framework development.

the Association of Russian Banks established the Expert Council for legal regulation of digital technologies to contribute to the creation of a comfortable legal environment within the digital economy. As part of their operational activities, the Council members took notice that the draft bills suggested to legal community for consideration fail to offer effective legal regulatory mechanisms, only introducing a range of new concepts into the Russian legislation. At the same time, these concepts do not comply with requirements of terminological certainty due to the lack of unified theoretical approaches to the matter of basic legal conceptual framework of digital economy. It has been proved that introducing the notions of ‘digital financial asset’ and ‘smart contract’ into the law system is not justified. The concepts of distributed registries of digital transactions and/or records are not universal and contradict the established legal framework.

 

Е.О. Poddubny. On optimizing the operation of courts in Russia through electronic justice.

The article provides an analysis of operational aspects of electronic justice system, its relevance, and the need to enhance the system of electronic justice.

 

К.А. Pisenko, E.G. Gasparyan. Current aspects of methodical support for research of competitive environment condition in digital markets.

The article is devoted to the problematics of methodological support for research of competitive environment in digital markets; the concepts in consideration include the so-called big data, the concept of platform, specifics of entry barriers, the definition of geographical boundaries, market power and other factors and features in the arrangement and functioning of digital markets, essential for efficient research of condition of competitive environment on digital markets.