During the round table organized by Blockchain Lawyers and held under the auspices of the Association of Lawyers of Russia, it was decided to create a special commission on the legal provision of a digital economy, and actual issues and problems of legal regulation of this sphere were agreed.
Within the framework of the event, the discussion participants noted that the concept of «digital economy» is wide enough, and includes large data, neurothechnologies, AI, blockchain, quantum technologies, Internet of things, robotics and many other innovative directions. Therefore, there are many questions related to the definition of the legal essence of these phenomena, therefore, there is a need to create a commission that will deal with the definition of specific solutions for various projects and institutions.
The partner of the law firm «Zarzin, Yankovsky and partners» Roman Yankovsky stressed that over the past decades, the legal categories «thing» narrowed and clarified, and the concept of «property» on the contrary was blurred. As a result, the civil and legal qualifications of the rights to cryptocurrency became a practically intractable task. Therefore, for the introduction of intangible objects in the turnover of the legal field, changes in the civil rights system are required.
Present discussed and taxation of crypto industry. At the moment, the main problem is that the Tax Code shares the concepts of «property» and «property rights», as a result there are two polar tax regimes. According to the partner of the law company «Taxology» Mikhail Uspensky:
«So far, the legislator clearly do not decide on the civilian essence of the tokeny, to build competent tax accounting will be extremely problematic.»
During the discussion, the enforcement issues were also raised, the protection of rights to digital assets, accounting for specifics and also the formation of special legal regimes and criminal regulation of this industry.
Commissions on the legal support of the digital economy will carry out its activities in the Moscow Regional Office of the Ayur.