Legal Aspects of Application of the Distributed Ledger Technology to Establish a New Environment of Trust in the Society

Sannikova, Larisa; Kharitonova, Yulia S.

doi:10.18572/2070-2140-2018-5-3-8

Cited by 1 publication

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“…The Russian doctrine notes that it is necessary to distinguish between the digital and electronic forms of the existence of a record [13,14]; at the same time, "there are no fundamental differences between digital rights and UCS, except for the infrastructure supporting the turnover of values" [15]. It was noted that shares issued in the form of a digital asset "can be simultaneously attributed to both the UCS and digital rights" [16].…”

Section: The Legal Nature Of Digital Sharesmentioning

confidence: 99%

Topical issues of digitalization in corporate law

Oleynik

Shevchenko

2021

SHS Web Conf.

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The purpose of the study is to analyze the provisions of the novelties of the Russian legislation on digital financial assets and digital currency. The methodological basis was the method of comparative legal analysis, using which the authors identify general patterns and features of the legal status of Russian digital joint-stock companies and decentralized autonomous organizations widely discussed in foreign literature. The results of the study were conclusions about the significant differences between the above organizations. A company issuing digital shares, under Russian law, differs from an ordinary non-public joint stock company by limiting the circulation of digital shares within the framework of a digital platform. Unlike the decentralized autonomous organization, it has legal entity and governing bodies. It was also concluded that there is a significantly greater variety of rights of holders of foreign token-shares in comparison with the rights of shareholders of Russian digital joint stock companies. The novelty of the research is contained in the results of the analysis and doctrinal interpretation of the norms of Russian federal laws concerning digital shares. So, in particular, it was established that such are recognized at the same time as securities and digital rights. Such a legal structure appears to be unnecessarily complex. According to Russian law, digital shares differ from ordinary shares in the form of certification of shareholders “rights, while no differences have been revealed in the scope of shareholders” rights.

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Section: The Legal Nature Of Digital Sharesmentioning

confidence: 99%