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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


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, 2017-12
Lukoianov N.V. - Trust property participation certificate as a corporate uncertified security in the Law of Mexico pp. 12-18


Abstract: The article considers the fundamentals of legal regulation of a trust property participation certificate as a corporate uncertified security in the Law of Mexico. The author describes the trust property institution serving as a basis for such securities emission. Using the provisions of the current Mexican legislation, the author analyzes the legal nature of a trust property participation certificate, studies its details and requirements to trust property participation certificates. The author considers the current classifications of trust property participation certificates based on trust property, priority of payments and the possibility of securities cancellation. The research methodology is based on general scientific and specific research methods: the dialectical method, the method of categorial analysis, logical analysis and formal legal analysis, the historical method and the method of comparative jurisprudence. The study of legal regulation of trust property participation certificates as objects of private law helps ensuring the protection of interests of local investors and using positive practices in the national law. The study will be interesting for lawyers and other specialists in the sphere of securities of foreign states and civil lawyers in the sphere of private law of Latin American countries.
Financial Law and Management, 2015-4
Lukoianov N.V. - Shares as Corporate Uncertificated Securities Under Mexican Law


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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