Индекс УДК 33
Дата публикации: 28.12.2020

Legal regulation of the modern digital economy

Battakhov Petr.P
Institute of State and Law RAS, Business and Corporate Law Department, Senior Research Fellow, Candidate of Legal Sciences
Abstract: The article considers the concept of new digital money and technologies Analyzed the development of the digital economy of Russia and the world. Subsequently, perhaps in time, the currencies of the world will not be limited to certain countries. It was concluded: over time, the world will move into completely digital technology and countries will become limitless for the evolution of the new economy and the development of society.
Keywords: cryptocurrency, blockchain, digital economy, entrepreneurial activity, economy, equipment.


At this time, there is a transition period for the entire world community. It is time to turn to the popular wisdom of the people: «It is worst to live in a period of change.» The 21st century is in the yard, so the world is moving in the direction of innovation. Society is rapidly transforming. Cultural, information and economic aspects are undergoing parallel changes. In the list of examples of transformations, cryptocurrency is distinguished. Now there is no legal regulation in this direction. To be precise, this resource cannot be recognized as money, because there is no legal support for it. The strength of cryptocurrencies is explained by the high demand and operation of blockchain technology, which is the foundation for the movement of flows of these funds. In various aspects of law, the attitude to cryptocurrency is reflected quite extensively. Some countries support digital money and others criminalize its use. On the territory of the Russian Federation, financiers are interested in blockchain technology, but there is no desire to deal with cryptocurrency issues at the state level. A variety of positions was formed, relative to cryptocurrencies. Somewhere they are banned. In other regions, they adhere to a more liberal policy, but still limit the free circulation of such funds in the internation Some such initiatives were implemented in the form of bills, but the global concept of relations to cryptocurrency greatly prevents the adoption of the necessary acts. Therefore, there is an understanding of the situation in the following vein — in any case, cryptocurrency will exist. Therefore, it is necessary to use its advantages, stimulating its flows.

Methods of comparison, interpretation, legal assessment, as well as the formation of legal models are also involved. The base of analytics in the field of blockchain, mining and cryptocurrency is presented in scientific papers.al arena without control by state authorities [1].

Final results and various discussions. Blockchain is a constant serial chain of information blocks, which is formed on the basis of specific rules. The system in question is an electronic registry of economic transactions where no adjustments or changes can be made but data can be supplemented or entered. First of all, the blockchain is presented in the form of a complex for storing and transmitting databases. Most often, cryptocurrencies use the technology, where the solution under consideration can be fully used (including legal aspects). The digital economy is actively developing. Therefore, perhaps in time, the currencies of the world will not be limited to certain countries. Many states are supporters of legal regulation in the field of blockchain technology (the direction of security and territorial integrity is especially relevant). At the same time, the solution under consideration can be easily integrated into entrepreneurial activities. For example, the formation of transactions in the field of the purchase and sale of real estate objects using blockchains will help eliminate notarial execution of relevant acts. Here you can add the movement of shares or transactions with minors. The advantage of the solution is the decentralization of the database repository. Some countries of the world allow the use of cryptocurrency mining as a separate type of activity of entrepreneurs[2].

A private businessman or legal entity is registered through mathematical calculations and is engaged in the mining of digital means. Completed tasks are encouraged by accruing a certain amount of digital funds. Now there are no normative and legal methods for regulating the area of ​ ​ activity under consideration. Accordingly, such persons cannot register in the territory of the Russian Federation. Translated from English, the word «mining» means mining. In the field of digital technologies, mining is presented in the form of a specific activity that allows you to form new systems (meaning information blocks) that ensure the stable operation of cryptocurrency platforms.

Mining is a system for forming innovative systems based on a specific algorithm. Said systems ensure stability of blockchain technology operation in bitcoin structure. In short, a «bifurcation point» is formed, which reproduces the product on the basis of data accumulation and their transformation. As a result, digital currencies are created. This phenomenon provokes the development of competition in the field of the right to safely add transactions to the blockchain system. In this direction, security is provided by material encouragement. Production downloads the latest version of the system’s financial transactions for verification. Further, the direct search technology is operated, due to which there is a solution for a complex mathematical problem formed by hashing. The first fragment is responsible for mining. It is this element that starts the hashing connection to the blockchain system, which allows the miner to receive a reward. All technical nodes are controlled by specific people, but the competition has nothing to do with their professionalism. The probability of detecting the optimal solution (performing the task in question) is proportional to the power of the computing equipment used by the miner. There is a proposal to equate mining with entrepreneurship. If a virtual miner does not register as an IP or does not open an LLC, he will be prosecuted in accordance with the criminal or administrative code for illegal business. It is provided for the payment of taxes on the income received. It is not clear how exactly the taxation system of this segment will function.

Companies that work in the field of digital currency production should be considered in regulatory legal acts (they should be legal). Legalization of the direction under consideration by state authorities will be able to become a source of high income due to cryptocurrency mining. The formation of legal aspects in the field of finance, including entrepreneurship, is of particular importance for the Russian economy.

In the provisions of the Civil Code of the Russian Federation, entrepreneurial activity is presented in the form of autonomous activity, which is realized on the basis of the risks of the person who conducts it. Modern virtual miners in the Russian Federation illegally earn from the extraction of digital funds at home, while there is no supervision from law enforcement agencies, but technical potential and electricity from state-owned companies are used.

Based on this, it makes sense to form farms that allow you to earn on cryptocurrency in certain areas. Based on economic factors, mining is the activity of an entrepreneur. There is a need to form free market relations in this business. In the case of long illegal activities of virtual miners, all kinds of difficulties can arise (for example, economic and fire safety). You also need to understand that an illegal miner will not enjoy benefits from the state, while he does not need to pay taxes. Now there are many pools working in this direction, namely, Chinese. Therefore, the production of the information block by a single node in the system is proportional to the ratio of 1:8000000. Accordingly, high electricity costs minimize the revenue portion. As a result, such a conclusion arises — the legal regulation of cryptocurrencies is presented in the form of a mandatory condition. It is desirable to consider the integration of this area into the business system. It is necessary to officially register companies that are engaged in the extraction of digital currencies. They should be represented in the form of business entities. You can fully separate the problem of the lack of legal regulation of the direction of cryptocurrencies. Now the material equivalent of bitcoins can be equated to 16.5 trillion rubles.

Consequently, the budget of the Russian Federation would receive significant support, and GDP would increase by 20% of the current indicator. The trend under consideration provides for the presence of bona fide entrepreneurs, but this factor is impossible without the presence of regulations in the field of cryptocurrencies. It is impossible to justify the income from the turnover of the digital currency. It is also impossible to pay taxes, pass currency control, and also officially register such production. In the absence of a legal framework in the field of cryptocurrencies, problems in the implementation of unilateral activities, namely, the donation of goods or the formation of illegal transactions, are likely to arise. The regulation of digital currencies with the help of regulatory and legal acts will allow to decipher all the features of the operation of cryates as working capital. As a result, the level of speculation will decrease significantly. Consequently, the market is becoming volatile. The phenomenon under consideration will help to involve representatives of large businesses in digital technologies. Consequently, the market will come out of the shadows, and the reputation of cryptocurrencies will increase. The volume of growth of the blockchain system participants will help to decentralize and ensure a high level of reliability of the complex as a whole[3].

Conclusion. It is necessary to focus on the theory and practice of the existence of difficulties in the formation of regulatory and legal regulation of digital means:

  1. There are no relevant objects in the field of private law. Technological restrictions on entering entries in the blockchain register have absolute rights. They resemble things that go from one person to another using the operation of certain algorithms, while there is information regarding their number, but there is no right of claim. Therefore, it is technically possible to settle cryptocurrencies by mapping them in the form of sui generis objects, but the use of real law arises, which will form fiction in the field of legal regulation.
  2. Finance is the subject of domestic and international operations. They are controlled by KYC, AML/CFT processes and currency controls. Accordingly, illegal transactions are likely to be excluded. At the same time, many revenues of shadow funds in the settlement system remain, but there is no possibility of their mass operation. There is a risk of regulating cryptocurrencies, after which there will be wider opportunities in the field of circumventing existing procedures. As a result, there may be undesirable consequences for the internal settlement system.

We can distinguish a series of factors in the field of regulatory and legal regulation of digital currencies:

  1. In fact, the currency units under consideration cannot be called the first means that are not manufactured by the state. A distinctive feature of these formations can be called decentralization and the lack of their binding on subjects. This factor significantly complicates the issue of regulation and implementation of the supervisory function.
  2. The implementation of blockchain technology provides for certain difficulties in the field of regulation. The fact is that the lack of exploitation of legal mechanisms provides for self-regulation on the basis of compromise solutions. Therefore, such processes provoke the partial loss by the state of a certain calculated potential.
  3. Regulation in the field of regulations and legal acts will definitely appear, because blockchain technology copes well with external resistance.
  4. There are no provisions in civil law regarding digital currencies. Accordingly, there is a need to form a new object or build a new system.
  5. The partial withdrawal of cryptocurrencies from the shadows made it possible to notice the tendency of a strong slowdown in the implementation of the process. This is due to the fact that there is a closed domestic and international payment system. Features of legalization should exclude the facts of abuse of currencies and tax burdens.

Библиографический список

1. Battakhov P.P. Problems of legal regulation of cryptocurrency business // Modern Science. 2019. № 4-2. C. 205-210.
2. Battakhov P.P. Legal regulation of blockchain, mining and cryptocurrency // Scientific journal Discourse. 2019. № 5 (31). S. 204-212.
3. Battakhov P.P., Vladimirov L.N Issues of legal regulation of cryptocurrencies in entrepreneurial activity// North Caucasus Legal Gazette. 2018. № 2. S. 83-87.