The legal essence of smart contracts in Russian and foreign legislation: the experience of comparative jurisprudence

Authors
  • Vronskaya M.V.

    Mariya V. Vronskaya. Vladivostok State University of Economics and Service. Vladivostok. Russia

  • Швец Наталья Сергеевна

    Natalya S. Shvets. Vladivostok State University of Economics and Service. Vladivostok. Russia

Abstract

The subject of the research is the Russian and foreign legislation on smart contracts. The authors examine in detail the approaches used by legislators to determine the legal essence of smart contracts. Particular attention is paid to the advantages and disadvantages of legislative establishment of smart contracts as an automated way of fulfilling obligations, computer program and contract. The main conclusions of the authors are the recognition of the right to the existence of the considered approaches to the definition of the legal essence of smart contracts in connection with the specific technical and legal nature of the latter.
Keywords: smart contract, blockchain, contract.