THE LEGAL NATURE OF LEGAL RELATIONS BETWEEN USERS AND DISTRIBUTED LEDGER NODES

Iontsev Mikhail Anatolyevich

The article is devoted to the analysis of the legal nature of legal relationships that form between nodes of a distributed registry and users of such registry. The author assumes that the activity of nodes for the validation, storage and dissemination of data is carried out in the interests of users, but, as a rule, without an individual order and without the direct expression of the will of a particular user. In this regard, the applicability of the construction of actions in someone else's interest without instructions (negotiorum gestio) is substantiated, and its limits in the digital environment are revealed. The article explores the reasons for such legal relations, their non-contractual nature, specifics of risk and liability distribution, as well as the correlation of actions of nodes with other legal models - contract, corporate and tort obligations. A conclusion is made on the need to clarify traditional civil approaches in relation to distributed registries and proposals are formulated for the further development of legal regulation in this area.

Keywords:nodes, users, owners of digital currencies, distributed ledger, negotiorum gestio, public promise of award