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Prospects for introducing the concept of “digital things” and “digital content”: expanding the scope of regulation of virtual assets

100%
Hrytsai S.
Krakowskie Studia Małopolskie
|
2023
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vol. 2(38)
7-25
EN
The lack of a legal framework did not prevent Ukraine from ranking third among the world leaders in the use of cryptocurrencies in 2022. In terms of the sum of indicators, Ukraine is ahead of such tech giants as the United States (5th place), China (10th place), and the United Kingdom (17th place). The purpose of the study is to identify the underlying principles for the introduction of a new legal definition of “digital things” and “digital content” and their prospects for use, which are laid down in draft laws No. 6447 and No. 6576, as initiatives that are satellites to the relevant law on virtual assets. As a reminder, the Parliament of Ukraine adopted the Law of Ukraine “On Virtual Assets” No. 2074-IX on February 17, 2022. Since the adoption of Law 2074 by the Parliament of Ukraine on February 17, 2022 and until the period of 2023, significant events have taken place. They have significantly affected the plans of the Parliament of Ukraine to launch mandatory amendments to the Tax Code of Ukraine provided for in the Draft Law 7150 and simultaneously enact Law 2074 from October 1, 2022. The study was based on the analysis of the legislative framework of Ukraine, the European Union and other international acts, including those ratified by the Parliament of Ukraine. The study has led to a number of conclusions. Draft Law No. 6447 introduces the definition of a “digital thing” that is in circulation only in digital form; these include virtual assets, digital content, online accounts, money and securities that exist exclusively in digital form. Its adoption will help potential consumers to protect their rights to digital content, online accounts, virtual assets, even money and securities that exist exclusively in digital form. Comparing the concepts of “digital thing” and “digital content” proposed by draft laws No. 6447 and No. 6576, we found signs of legal tautology in determining what is primary and what is secondary. The addition of the words “digital content” to Article 177 of the Civil Code and the expansion of the concept of a thing to “material and digital things” is at least more declarative.
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The Current Legal Regulation of Cruptocurrancies and Blockchain in the World. Sistematisation of Definitions

84%
Chernykh O.
Krakowskie Studia Małopolskie
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2021
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vol. 1(29)
41-55
EN
The author analyses the legislation of different countries, analytical studies of international experts in order to determine trends in the legal regulation of blockchain. Regulations of government banks, regulatory organizations regarding the operation of the virtual assets and growing demand for virtual currency leads to high risks in the area crypto actives. Uncertainty and complexity of legal support for the development of blockchain technologies and artificial intelligence in economic activity leads to limited practice of regulatory definition and government processes. However, state order is to sanction the stabile existing social relations from considering international legal institutions of legal regulation, such as the protection of personal data, identification and verification subjects of entrepreneurial activity, prevention of laundering money, prevention of evasion from payment of taxes. The author draws attention to the fact that it is necessary to concentrate analyses on resolving not only virtual currency, but the system blockchain in general, to provide legal definition of those phenomena which are not associated with just speculation or payments of cryptocurrency. In the article discusses current problems of the EU, Asia, Ukraine on implementation of international standards in the field of prevention of laundering of money, protection of per sonal data and the possibility of crypto actives and use the technology of artificial intelligence, which will develop business operations, including technology blockchain.
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Digitization of government as a global trend of the future: implementation of the “electronic state” policy (on the example of Ukraine)

84%
Hrytsai S.
Reality of Politics
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2023
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issue 24
45-81
EN
Digitalization of public services is a global trend throughout the civilized world. Progressive governments of developed countries are actively implementing initiatives that have been given a very young acronym – GovTech. These are the latest digital technology solutions that make the work of the state more efficient and the lives of citizens easier. Implementation of the GovTech policy is a priority for many international projects and programs: Lisbon Council, Digital Europe, European Blockchain Partnership (EBP), International Association for Trusted Blockchain Applications (INATBA), DT4UA. The purpose of the article is to form a general vision of the current trend of GovTech policy implementation, using Ukraine as an example for the period of 2020-2023. In order to achieve the goal and formulate reasonable results, the study was structured in three sections: 1) Digitalization of Ukraine: introduction of modern digital technologies; 2) Ukraine’s participation in international digital projects; 3) Sharing Ukraine’s digitalization experience with other countries. The study has led to a number of conclusions. The ideology of GovTech is a two-vector message to humanity about the future: where instead of analog officials and certificates, “PaperLess” will work, and instead of cash currency “CashLess” – CBDC / cryptocurrency in a smartphone. Digital public services in a smartphone, and even a citizen’s passport, are already GovTech realities confirmed by the Ukrainian digital project “DIJA”. Ukraine’s successful experience in forming a GovTech e-state has begun to spread actively in other European Union countries (code name: “DIJA”). This shows a trend towards the development and formation of a precedent for the international GovTech format, in the form of a certain future standard (we are sure that this will be developed and researched). However, this study has shown that there are legal difficulties on the way to creating a precedent for the formation of the international GovTech format in Ukraine. The introduction of the intergovernmental GovTech format requires separate legal regulation and consideration of the issue of a fair balance of bilateral state agreements when it is introduced, which also lack relevant legal developments.
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