THE LEGAL AND TECHNOLOGICAL NATURE OF THE PREPARATION, CONCLUSION AND EXECUTION OF SMART CONTRACTS

Orekhova Natalya Leonidovna

Digital processes have penetrated virtually all aspects of modern life. Bypassing real contact, financial transactions are carried out, securities are purchased, contracts are concluded and chains of civil relations are built. To systematize the concepts and determine the legal status of financial transactions conducted without the personal presence of their participants, they were combined into a new legal institution called smart contracts. However, the legal nature of such actions is currently in its infancy, and there are still many unclear issues in the environment of smart contracts, which results in judicial practice. At the same time, court decisions are also often controversial, since the concept of all elements of law in terms of smart contracts is not yet clear. A number of contradictions were eliminated in 2019 after the consolidation of digital rights as one of the objects of civil law. At the same time, a powerful impetus was received for the legal development of the smart contract mechanism. They are used in various fields, including trade, business and finance. Nevertheless, at present, the technological nature of the preparation, conclusion and execution of smart contracts remains unclear, which is what this article is aimed at.

Keywords:digital processes, smart contracts, legal nature, problems of law enforcement.