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Blockchain as the Source of Legal Facts
Abstract.The aim of this research is to compare facts, conditions, information from the world of blockchain, and legal facts from the real life. Particular features of the blockchain technology is the absence of a special actor, managing mediator (state). This is the reason why blockchain is such an interesting technology for state administrators. Neither Russian nor foreign law has developed legal aspects of applying the blockchain technology in state administration. The present research offers a fresh approach to the issue. The methodological basis of the research is a set of general and special research methods, in particular, philosophical, formal law and comparative analysis. Garaev extends the philosophical term 'fact' to the blockchain conditions, offers his own classification and defines essential features of facts, conditions, blockchain information, and compares them to legal facts. In a blockchain, facts may be classified as events or actions. Blockchain facts may mean phenomena that exist in the world of blockchain, and legal facts. Facts created in a blockchain may become legal facts. However, legal regulation is necessary to recognize blockchain information as a legal fact. Blockchain facts cannot be divided into legal or illegal as legal because they are created by a certain algorithm but not social relations. Still, information and facts taken from the blockchain may be recognized as legal or illegal facts. Since the blockchain technology is built on algorithms, it needs standardization. Legal regulation is still needed in cases of recognition of legal facts created on the basis of blockchain as compliant with a certain established standard.
Keywords: agreement, decentralization, condition, fact, oracle, legal facts, blockchain, management, administrative law, legal regulation
Article was received:14-09-2018
This article written in Russian. You can find full text of article in Russian here .