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Publications of Lukoianov Nikita Viktorovich
Legal Studies, 2018-11
Lukoianov N.V. - Legal Aspects of Concluding, Amending or Terminating Smart Contracts pp. 28-35

DOI:
10.25136/2409-7136.2018.11.28115

Abstract: The subject of the research is the practical issues that may arise in the process of concluding, performing or terminating smart-contracts, i.e. forms of automated performance of contractual terms performed via the distributed ledger. Lukoyanov compares approaches to conslusion of smart contracts to the current methods of conclusion of contracts used in Roman-German and English-American laws. The author analyzes how smart contracts can be modified or amended as well as opportunities of control over stages of contract performance and methods of performance of obligations. The author pays special attention to the question of self-regulation and restriction of the scope of application for the state mechanism of dispute resolution when disputes result from smart contracts. The methodological basis of the research involves general and special research methods including dialectical method and methods of categorial and logical analysis as well as the method of comparative law studies. Analysis of new technological solutions that can be used in law is important for the development of modern digital economy in Russia. The author concludes that smart contract should be deemed concluded at the moment when a record about acceptance of a smart contract is made in a certain blockchain. Execution of a smart contract deployed in the deterministic space of a distributed registry is possible by obtaining information from the external environment from special programs called oracles. The state mechanism for enforcement and dispute resolution of smart contracts seems to be ineffective, and therefore, adequate regulation of the emerging relations can be carried out only on the basis of the principle of autonomy of the will of participants, self-regulation, separated from the national law of the lex electronica system.
Legal Studies, 2018-7
Lukoianov N.V. - Legal Tech: Smart Contracts in Terms of Contemporary Private Law pp. 56-63

DOI:
10.25136/2409-7136.2018.7.26782

Abstract: The subject of the research is the smart contracts, i.e. the systems of automated performance of contractual obligations as part of distributed ledgers. The author examines the phenomenon of smart contracts in terms of their historical development, conceptual description and comparison of smart contracts to generalized definitions of the contract existing in contintental and Anglo-Saxon legal systems. Lukoyanov pays special attention to current restrictions of smart contracts, their possible classifications, peculiarities of the parties' statuses, content and interpretation of the term. The author also touche upon the question about the relationship between the programming code, legal regulation and regulation on the basis of developing lex electronica. The methodological basis of the research includes general, private and special research methods such as dialectical analysis, methods of categorical, logical analysis, comparative law method, etc. The use of new technological solutions used in the legal practice becomes very important in the process of development of the modern digital economy in Russia. At the end of the article the author concludes that being the combination of protocols, user interfaces and obligations expressed in the form of a programming code, smart contracts are meant for formalisation and guarantee of reliability of digital legal relations. Smart contracts are more functional than their paper analogies. The novelty of the research is caused by the fact that the author gives a legal qualification of smart contracts. 
Financial Law and Management, 2015-4
Lukoianov N.V. - Shares as Corporate Uncertificated Securities Under Mexican Law

DOI:
10.7256/2454-0765.2015.4.16699

Abstract: The present article focuses on the legal regulation of shares as corporate securities under Mexican law. The author affirms that shares are corporate securities in the broadest sense of this term, i.e., securities issued by a commercial entity. In accordance with the applicable Mexican legislation shares are analyzed as pro rata quota of the equity capital of a Joint Stock Company; registered uncertificated security; bundle of rights and obligations. The author describes the emission of no par value shares, designed in the United States, by Mexican corporations. It is examined how the shares can be classified under Mexican law. The analysis of the securities regulation ensures protection of the domestic investors' rights, as well as allows to apply good practices in national law. This article will be of interest to lawyers and other experts in the field of securities markets, as well as specialists in civil law of Latin America countries.
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