Fintekh and Redtekh: Boundaries of Legal Regulation

Abstract

The article is devoted to the definition of the legal nature and limits of the legal regulationof financial and regulatory technologies, including the creation of crypto-currenciesusing them. The interest of the authors of the article is related to the law enforcementrequirement and the simultaneous uncertainty of the use of new categories for theRussian state that are of primary importance for its development in the conditions of thedevelopment of the digital economy. The aim is to determine the boundaries and objectivesof legal regulation of Fintekh and Regtekh; to identify on the basis of scientific analysis thelegal essence of these concepts, as well as related categories. The methods used areformal-logical, comparison, analysis, synthesis, comparison, generalization. The resultsare analysis of the current situation on the use and regulation of financial and regulatorytechnologies in the Russian Federation, as well as the approaches to determiningtheir legal nature; identification of risks in the application of financial and regulatorytechnologies, formulating proposals for their prevention and leveling; identification ofstages and main directions of legal regulation of financial and regulatory technologies inthe Russian Federation; analysis of foreign experience in the legal regulation of financialand regulatory technologies, including in the field of taxation; formulation of proposalsfor the taxation of certain elements of Fintekh and Regtekh in the Russian Federation.The conclusion is that the state determined the need for legal regulation and identifiedthe main vectors of the movement in the legal field. National legal regulation is at thestage of origin; at present, attempts are made to legalize key concepts in the financial andregulatory technologies market (digital financial asset, digital transaction, digital entry,digital transactions register, mining, crypto currency, token, smart contract, etc.). It isnoted that the key objectives of the legal regulation should be the minimization of risksfor the financial system of the state and national security, as well as replenishment ofthe revenue side of the budget through taxation of services rendered on the market offinancial services and Regtekh, including taxation of operations with crypto currenciesand tokens.