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Mazein A.V., Kozhevnikov A.K.
Formation of legal conditions for the introduction of blockchain technologies in Russia as part of the transition to a new technological order in Russia
// Law and Politics.
2024. № 10.
P. 72-87.
DOI: 10.7256/2454-0706.2024.10.71954 EDN: YFMAOU URL: https://en.nbpublish.com/library_read_article.php?id=71954
Formation of legal conditions for the introduction of blockchain technologies in Russia as part of the transition to a new technological order in Russia
DOI: 10.7256/2454-0706.2024.10.71954EDN: YFMAOUReceived: 12-10-2024Published: 01-11-2024Abstract: An analysis of the current level of technology development allows us to conclude about the increasing role of digital technologies in public relations. The object of the study is the social relations that arise in the process of implementing blockchain technologies during the transition to a new technological order. The new (sixth) technological order is a reproduction system in which digital technologies (big data, blockchain, artificial intelligence) affect management activities, industrial and economic relations. Special attention is paid to the assessment of the legal regulation of these relations as one of the conditions for the full-scale introduction of modern digital technologies. In this article, the authors set the task of formulating an idea about the conditions for the introduction of blockchain technologies as a factor in ensuring the transition of modern society to a new technological order, including the implementation of legal conditions. The research methods are general scientific and special methods, among them the use of analysis to identify key trends, patterns and problems related to the legal regulation of blockchain technologies, as well as a formal legal method to determine the features of strategic planning documents, concepts and regulatory legal acts as elements of the legal conditions for the introduction of blockchain technologies. It is noted that the introduction of these technologies requires a number of conditions, including the formation of proper legal regulation, ensuring a sufficient technological basis, creating social conditions – preparing the population for the use of new technologies, ensuring financial and political conditions for modernization. In addition, the development of human resources and the creation of organizational conditions will ensure the comprehensive implementation of these technologies in public relations. Based on the results of the analysis of legal acts, the authors conclude that the state policy and regulatory framework for the transition to a new technological order and the introduction of blockchain technologies in various spheres of life are currently being determined at the strategic, regulatory and conceptual levels. In addition, some promising areas of implementation of blockchain technologies in public relations, including in legal activities, are noted. Keywords: digital technologies, blockchain technologies, legal regulation, technological mode, legal activity, digitalization, innovative technologies, public administration, information protection, legal actsThis article is automatically translated. Introduction The 20th century was the period that laid the foundations for the information revolution, which spread computer technology, the Internet and mobile communications. Communication through information and telecommunication systems is becoming commonplace not only in everyday communication, but also in the management activities of public authorities. Today, there are 5.44 billion Internet users in the world, and this figure continues to grow continuously (64.4% of the total world population) [1]. Information on the dynamics of the number of Internet users in 2012-2023 is shown in Figure 1. Figure 1 - Dynamics of the number of Internet users in 2012-2023, billion people (compiled by the authors according to [2])
In the context of the growing number of Internet technology users, the XXI century brings new principles and forms of communication to information relations, in which the development of computer algorithms creates opportunities for the dissemination of artificial intelligence technologies capable of imitating human mental activity and becoming an independent factor in the information process: to conclude that land plots are not used for their intended purpose based on the results of aerial photography, to make the conclusion about the violation by the user of the means of individual mobility of the rules of the road based on the results of the analysis of video camera recordings, etc. In this regard, arguments about the endowment of artificial intelligence with elements of legal personality are increasingly appearing [3, p. 102]. At the same time, the development of artificial intelligence is impossible without improving machine learning, the foundation of which should be the most extensive datasets, that is, processed and structured data arrays. That is why the attention to the problem of big data is increasing not only from the population, but also from the state. Thus, Decree of the President of the Russian Federation No. 309 dated 05/07/2024 clarified the list of national development goals of the Russian Federation for the period up to 2030 and for the future up to 2036, which involves the implementation of a new national project – "Data Economy and digital transformation of the state". These circumstances confirm the idea common in scientific research about the implementation of the "fifth industrial revolution" and the transition to the sixth information order [4, p. 18], the foundation of which are artificial intelligence technologies, big data and blockchain. It was the blockchain that became the driver of the development of the concept of big data, providing the possibility of decentralized storage of huge amounts of digital data with a sufficient level of cryptographic protection, and preserving other information about the entry of certain information. Blockchain in the context of the transition to a new technological order is designed to ensure the construction of a trusted environment for storing, processing and transferring large amounts of data, including using virtual cloud platforms [5, p. 2]. The basis of blockchain technology (English block – block, chain – chain) was first disclosed in 2008, when programmer Satoshi Nakamoto described an electronic payment protocol for a peer-to-peer network based on the equality of participants. The system, when all network participants certify the execution of a certain transaction, has demonstrated its relevance as providing greater data protection and proper verification. Today, blockchain technologies have a wider scope of application and development prospects, since they can be used in almost all spheres of human life, and this is necessary for the transition of the economy to a new level. Special attention should be paid to the use of blockchain technologies in legal activities (in terms of implementing registry models for providing services, preserving legally significant information, data protection, etc.). At the same time, the development of these technologies is so rapid that the legislation of the Russian Federation and foreign countries does not keep pace with the constant modernization of the technologies in question, which creates certain challenges for legal regulation. Therefore, the problem of improving the legal regulation of the introduction of blockchain technologies into legal activities and other areas of relations is being actualized, since proper regulation of the use of digital technologies becomes a condition for a full-scale transition to a new technological order.
Research methodology In this article, the authors set the task to formulate an idea about the conditions for the introduction of blockchain technologies as a factor in ensuring the transition of modern society to a new technological order, including the implementation of legal conditions. The use of analysis within the framework of a systematic approach allows us to make an assumption about the conditions necessary for the introduction of blockchain technologies as part of the transition to a new technological order. The formal legal method and the comparative legal method allow us to establish the features of strategic planning documents, concepts and regulatory legal acts as elements of the legal condition for the introduction of blockchain technologies. Blockchain technologies as a factor of transition to a new technological order On May 12, 2024, at a meeting of the State Duma Committee on Industry and Trade, Deputy Chairman of the Government of the Russian Federation D. V. Manturov announced the state's desire to transfer the economy to a new technological order [6]. The concept of "technological structure" correlates with the characteristics of the dominant modes of production, and their development by some researchers is linked to the beginning of the next economic cycles [7, p. 476]. Without plunging into a discussion about the economic nature of the phenomenon under consideration, we note that the new (sixth) technological order is a reproduction system in which digital technologies (big data, blockchain, artificial intelligence) affect management activities, industrial and economic relations. Currently, it can be assumed that the transition to a new technological order within the framework of the digital transformation process may entail some positive transformations of public relations, including: 1) process acceleration (automation and decentralization of management and production processes significantly reduce the time for operations and decision-making); 2) Cost reduction (reducing the need for intermediaries and paperwork reduces operating costs); 3) increased security (immutability and cryptographic protection of data in the blockchain increase the level of security of legal documents and transactions). It should be noted that the transition to a new technological order within the framework of digital transformation, including the introduction of artificial intelligence, blockchain technologies and big data into management and industrial relations, does not happen instantly. This process may involve overcoming several main stages, among which it is most advisable to highlight the following: 1) analysis of current processes (assessment of existing processes and identification of areas where blockchain, artificial intelligence and other technologies can be applied); 2) development of an implementation strategy (definition of goals and objectives, development of a plan for the introduction of new technologies); 3) implementation of pilot projects (launching pilot projects to test and evaluate the effectiveness of solutions based on new technologies); 4) scaling (expansion of successful pilot projects to other territories or areas of activity); 5) training and adaptation (employee training and adaptation of organizational processes to new technologies). An analysis of the current level of technology development allows us to conclude about the increasing role of digital technologies in public relations. In particular, artificial intelligence makes it possible to predict the appearance of new materials in the chemical industry [8, p. 7], the formation of big population data allows the state to create digital services and decision-making systems based on data [9, p. 2]. Blockchain technology is of particular importance for the implementation of such initiatives, providing the ability to store and protect large amounts of data with access to them to the required number of users. For example, this technology allows us to reconsider the approach to the formation of various state registers [10, p. 23]. There is no legal concept of blockchain in Russian legislation, but legal and other sciences have developed doctrinal definitions, for example, blockchain is a distributed digital record of transactions with a timestamp, protected using various cryptographic technologies. It is an ever-growing list of records called "blocks" that are connected to each other using cryptographic tools [11, p. 120]. The authors previously noted that "the blockchain is a distributed, accessible sorted list that can effectively register transactions between two parties in a verifiable and permanent form" [12, p. 74]. Foreign scientists define the concept of blockchain based on its features. For example, Chinese scientists identify 9 features [13, p. 1], among which: 1. Decentralization (absence of a central management body, which reduces the risks of abuse and increases the stability of the system). 2. Autonomy (the system functions independently, without the need for constant human intervention). 3. Integrity (all data in the blockchain is interconnected, which ensures their integrity and continuity). 4. Immutability (records in the blockchain cannot be changed or deleted, which ensures a high level of trust and security). 5. Verification (all transactions and records can be verified by network participants, which increases transparency and accountability). 6. Fault tolerance (the system is resistant to failures and attacks due to the distributed architecture). 7. Anonymity (network members can remain anonymous, which ensures confidentiality). 8. Verifiability (the ability to verify all transactions and records in the blockchain). 9. Transparency (all data in the blockchain is available for verification, which increases trust and accountability). These features make blockchain a powerful tool for various fields, including legal activities, where security, transparency and trust are important. Given such scientific ideas about the blockchain, as well as its actual use in practice, this technology has repeatedly become the subject of attention of Russian courts, for example: 1. By the decision of the Eighteenth Arbitration Court of Appeal dated 07/03/2023 No. 18AP-5714/2023 in case No. A76-3105/2022, it is noted that within the framework of blockchain technology, "each participant in the process works with the data of his node of the distributed registry in accordance with the role assigned to him. ... The platform automates the data verification process... the distributed registry technology used protects data from any unauthorized changes and eliminates the possibility of duplicate applications from the same organization"; 2. By the decision of the Eighteenth Arbitration Court of Appeal dated 05/19/2023 No. 18AP-2222/2023 in case No. A07-18385/2020, it was determined that "the blockchain does not disclose information about the user's identity, but allows tracking data on the balance of the BTC (bitcoin – authors' note) at its address. For transparency, the public registry contains the transaction history"; 3. The decision of the Eleventh Arbitration Court of Appeal dated 03/27/2023 No. 11AP-669/2023 in case No. A65-18296/2021 established that "every transaction of the blockchain can be found. Each transaction has its own unique transaction number (hash). Each transaction contains all information about the transfer of funds (the date of the transaction, the amount of the transfer, the direction of the transfer). Transactions confirmed by the blockchain cannot be changed, deleted, or adjusted." The principle of operation of the blockchain is based on a distributed database of blocks, cryptography and smart contracts. Each member of the network stores a copy of all transactions performed over time, so that the blockchain ensures the security and operability of the network. Blockchain is capable of storing any information (not only records of transactions in the financial system), therefore it can be used in various fields of human activity. The information in the blockchain is available for viewing to all participants and cannot be changed [14, p. 526]. The existing principles of operation of this technology make it possible to exclude hacking, control over data by one person, changes in the content of data, and the introduction of false data. Each record is hashed before being entered into the data block, i.e. it is encrypted using a specific algorithm. These principles of blockchain technologies can be adapted for a variety of applications in the field of law, which contributes to the optimization of procedures and the effectiveness of information resource management systems. Currently, cases of the introduction of blockchain technologies into business and management activities are already known in Russia: 1. The Association for the Development of Financial Technologies was established in the Russian Federation, which includes the Central Bank of the Russian Federation, as well as many other banks. The Association has developed Masterchain, a national blockchain platform. This financial technology opens up prospects for the development of a legal framework for the implementation of a distributed registry [15, p. 31]. 2. Earlier, the Pension Fund of the Russian Federation took the initiative to use blockchain technologies in the field of labor relations, which may contribute to the complete rejection of the need to conclude labor contracts on paper in the future [16]. In addition, it is proposed to use blockchain technologies in the fund's activities to distribute data on employment contracts between employers and certification centers. It is believed that this will save the Pension Fund costs for storing and maintaining a large amount of data. 3. In September 2019, for the first time in the Russian Federation, electronic voting to the Moscow City Duma was implemented in elections, and Federal Law No. 103-FZ of May 29, 2019 "On Conducting an experiment on organizing and implementing remote electronic voting in the elections of Deputies of the Moscow City Duma of the seventh Convocation" regulated the course of elections. The above experience of using blockchain in elections was also applied during the national vote on amendments to the Constitution of the Russian Federation in 2020. Also, from March 15 to 17, 2024, the elections of the President of the Russian Federation were held by remote electronic voting. Such technologies have rapidly entered into established legal relations, which confirms the increase in the diffusion of digital technologies, contributing to the rapid spread of innovations than ever before [17, p. 408]. It must be recognized that the conditions for such a rapid technological transition were, among other things, government decisions aimed at accelerated digital transformation of the economy. At the same time, for further progressive development in the issues of large-scale implementation of blockchain technologies and the transition to a new technological order, it is important to determine all the necessary conditions for this. Taking into account these conditions can create a basis for making scientifically sound government decisions regarding the instruments of modernization of the Russian economy and legal activity. Conditions for changing the elements of the structure of legal activity under the influence of blockchain technologies Blockchain technologies represent a new challenge for legal activities and other spheres of public relations, as they change traditional approaches to the creation, application and protection of law, as well as to the implementation and protection of the rights and obligations of subjects of legal relations. In one of the previous works, the authors noted that the conditions for the modernization of the managerial activities of public authorities under the influence of digitalization are the formation of proper legal regulation, ensuring sufficient technological basis, creating social conditions – preparing the population for the use of new technologies, ensuring financial and political conditions for modernization [18, pp. 156-157]. Developing the idea of fixing these conditions, we note the following: 1. Legal conditions require the adoption of the necessary regulatory legal acts and strategic planning documents, taking into account the adaptation of the principles of building blockchain systems. The most significant from a legal point of view is the settlement of issues of legality of smart contracts and data protection. It is important to note that when designing the legal regime for the use of blockchain technologies, it is also necessary to ensure compliance with ethical standards applicable to activities in information and telecommunications networks on the Internet [19, p. 87]. 2. Technological conditions imply the creation of a developed infrastructure, modern high-performance equipment and communication systems, cloud technologies that will ensure an appropriate level of data protection. These circumstances imply the creation and support of a reliable infrastructure, including high-speed Internet and modern server facilities, extensive training of employees and users in new technologies, as well as the provision of ongoing technical support, ensuring compatibility and integration of various digital systems and platforms for effective data exchange. 3. Social conditions imply ensuring the preparedness of the population for the use of the technologies in question. It is important to overcome the "digital inequality" in the shortest possible time, for this it is important to extend educational programs in the field of digital literacy not only to secondary and higher education, but also to improve the skills of adults [20, p. 85]. 4. Financial and economic conditions require the creation of support funds, the provision of various grants, subsidies, tax incentives for organizations that ensure the implementation of blockchain technologies in their activities and provide access to these technologies for third parties. 5. The key place for a forced transition to a new technological order is occupied by political conditions. The leaders of the state and the subjects of the Russian Federation must have the political will to modernize the management activities of various sectors of the economy and the national economy. We also note the need to comply with organizational and personnel conditions, since: 1. It is necessary to develop and implement new forms and methods of organizing activities (organizational conditions) based on decentralization, automation and smart contracts. It is also necessary to ensure coordination and cooperation between various business entities, including international and intersectoral ones, taking into account the specifics of blockchain technologies. Also, from an organizational point of view, it may be necessary to review the processes of data management and digital identification. 2. It is necessary to provide training and advanced training of specialists in the field of blockchain technologies (personnel conditions), including through educational programs and courses. It is also necessary to train employees in new technologies, i.e. it is necessary to form and develop the competencies and skills necessary to work with blockchain technologies, including technical, legal, and economic ones. Approaches to the formation of legal conditions for the introduction of blockchain technologies in Russia as part of the transition to a new technological order in Russia The digital transformation in the Russian economy has laid the foundation for the transition to a new technological order. Digital transformation in the most general sense is the process of transferring the implementation of individual functions that were previously performed "manually" by people into a digital environment that allows automating managerial actions and business processes. Digital transformation allows you to make decisions and act in accordance with the parameters set by a person, without his participation and "involves the introduction of information technologies into every single aspect of activity" [21, p. 169]. This is made possible by: (a) using software to perform tasks that were previously performed manually; (b) the use of analytical tools for processing large amounts of data and making informed decisions; (c) the use of artificial intelligence to automate complex tasks and improve the quality of services; (d) the use of blockchain to ensure transparency and security of transactions and legal processes. The analysis of legal acts and management practices of public authorities allows the authors to assume that the state policy and regulatory framework in the field of digital transformation of public relations in various spheres of life is currently determined at the following levels: - strategic, which consists of strategic planning documents and other acts containing separate objectives of activities that are not formally strategic planning documents; - the regulatory framework, which is composed of laws and other regulatory legal acts that establish requirements for the use of digital technologies in various types of activities; - conceptual, which consists of various concepts aimed at consolidating the principles and approaches to the implementation of certain aspects of the digital transformation of public relations. The relevant conclusions are confirmed by the results of the analysis. 1. Back in his Message to the Federal Assembly in 2019, the President of the Russian Federation stated that legislation should comply with new technological realities. Therefore, in subsequent years, when defining national development goals, the President repeatedly included ideas about the need to ensure the digital transformation of public administration and the economy among the priorities. Thus, the Decree of the President of the Russian Federation dated 05/07/2024 No. 309 "On National development Goals of the Russian Federation for the period up to 2030 and for the future up to 2036" defines national goals and corresponding targets. One of the goals is the "digital transformation of public and municipal administration, economy and social spheres". It is aimed at achieving digital maturity in key sectors of the economy and the social sphere, including healthcare and education, as well as public administration. In particular, digital transformation implies an increase in the share of mass socially significant services available in electronic form to 97%, which is slightly higher than the indicator defined in the previously valid Decree of the President of the Russian Federation dated 07/21/2020 No. 474 "On National Development Goals of the Russian Federation for the period up to 2030" (previously this indicator was set at 95%). In order to achieve the national development goals set in 2020, the Government of the Russian Federation has developed a Unified plan to achieve the national development goals of the Russian Federation for the period up to 2024 and for the planning period up to 2030 (Decree of the Government of the Russian Federation dated 01.10.2021 No. 2765-r). Among other areas, it highlighted the development of digital end-to-end technologies through the implementation of agreements with leading companies, including blockchain technology. Previously, the tasks of transferring the economy to a digital platform were defined in separate strategies. In particular, Decree No. 203 of the President of the Russian Federation dated 05/9/2017 approved the Strategy for the Development of the Information Society in the Russian Federation for 2017-2030. This strategy is aimed at creating favorable conditions for the development of the digital economy and the integration of advanced technologies such as blockchain into various fields of activity. In addition, strategic instructions in the field of digital transformation have been repeatedly formulated by the President of the Russian Federation following the results of various meetings, conferences, and forums. Thus, following the results of the annual conference "Journey into the world of Artificial Intelligence", instructions are formulated reflecting the state's desire to integrate advanced technologies into the legal system. Starting in 2019, this conference will intensify discussions on the implementation of artificial intelligence technologies in management activities. Over the years, the President has given the following instructions: 1) The Government of the Russian Federation needs to establish mandatory requirements for improving the efficiency of business entities and their mandatory use of modern technologies, including artificial intelligence technologies, when providing subsidies to these entities from the federal budget; 2) the center of competence in the field of labor productivity needs to participate in the introduction of artificial intelligence technologies and modern management systems in economic and social sectors, as well as in government agencies. Such instructions are aimed at creating favorable conditions for the digital transformation of public relations, including the organization of financial support and the development of human resources. It is also important to note that the tasks of digital transformation and the introduction of blockchain technologies are being specified for certain areas of public relations, for example: 1) The strategy for the development of services exports until 2025 (Decree of the Government of the Russian Federation dated 08/14/2019 No. 1797-r) determines that problems for the development of Russian exports of services in the field of information and telecommunication technologies can be overcome by establishing special tax breaks for companies providing digital technologies, including blockchain; 2) The strategy for the development of the electronic industry of the Russian Federation for the period up to 2030 (Decree of the Government of the Russian Federation dated 01/17/2020 No. 20-r) includes among the target indicators in the direction of "Scientific and technical development" the introduction of encryption technology and cryptographic protection, including hardware implementation of blockchain technologies; 3) The comprehensive plan for the modernization and expansion of the backbone infrastructure for the period up to 2024 (Decree of the Government of the Russian Federation dated 30.09.2018 No. 2101-r) refers to the main end-to-end technologies for working with data in the transport complex, planned to be used as part of the implementation of the transport part of the plan, technologies for maintaining distributed registers of accounting and certification of rights. 2. The regulatory and legal level of defining state policy in the field of digital transformation becomes the foundation for the introduction of appropriate technologies into management activities and business processes. The adopted laws define the mechanism for the use of certain digital technologies in legal activities, for example: 1) the prerequisites for the use of blockchain technologies are the introduction in 2020 of Federal Law No. 210-FZ dated July 27, 2010 "On the Organization of the provision of State and Municipal Services" provisions on the registry model for accounting for the results of the provision of state and municipal services (Article 7.4), as well as the introduction in 2021 of the Federal Law from May 4, 2011 No. 99-FZ "On licensing of certain types of activities" of the registry model of licensing business; 2) the grounds for the development of big data technologies are the adoption of federal laws No. 168-FZ dated June 8, 2020 "On the Unified Federal Information Register containing Information about the Population of the Russian Federation", No. 572-FZ dated December 29, 2022 "On the identification and (or) Authentication of Individuals using Biometric Personal Data data on amendments to certain legislative acts of the Russian Federation and invalidation of certain provisions of legislative acts of the Russian Federation" and others; 3) the implementation of digital innovations in the field of artificial intelligence becomes possible thanks to federal laws No. 123-FZ dated April 24, 2020 "On Conducting an Experiment to establish special Regulation in order to create the necessary conditions for the development and implementation of artificial intelligence technologies in the subject of the Russian Federation – the Federal city of Moscow and Amendments to Articles 6 and 10 of the Federal Law "On Personal Data", as well as No. 258-FZ dated July 31, 2020 "On Experimental legal regimes in the field of digital innovations in the Russian Federation" and others. In addition, the development of regulations in these areas becomes possible due to departmental regulation. For example, thanks to the adoption of Federal Law No. 536-FZ dated December 19, 2022, the Federal Tax Service of Russia expanded the practice of unified technology for the exchange of machine-readable powers of attorney (MCHD) by legal entities and individual entrepreneurs through its digital platform based on a distributed blockchain registry. This made it possible to form a "Unified blockchain storage of the Ministry of Emergency Situations - a distributed registry of the Federal Tax Service of Russia" (letter of the Ministry of Finance of Russia dated 05/02/2024 No. P15-257362 "On approval of organizational and technical requirements for the procedure for storing, using and Revoking Powers of Attorney"). 3. Finally, in the absence of legislative regulation, the implementation of certain areas of digital transformation becomes possible through the development of various concepts. The concepts, without seeking to establish rules of conduct, fix in the broadest sense the tasks of digital transformation of individual spheres, establish principles and approaches, directions and measures of digitalization, which can be further taken into account when developing special laws and subordinate legal acts. For example, the Concept of the development of the state information system of industry, approved by Order No. 2091 of the Ministry of Industry and Trade of the Russian Federation dated 06/23/2016, stipulated that, if agreed, a trading platform for the sale of intellectual property using blockchain technology could be created in the interests of implementing a National Project. Examples of other concepts in the field of digital transformation can be the Concept of digital and functional transformation of the social sphere related to the sphere of activity of the Ministry of Labor and Social Protection of the Russian Federation for the period up to 2025 (Decree of the Government of the Russian Federation dated 02/20/2021 No. 431-r) or the Concept of the urban digitalization project "Smart City" (order of the Ministry of Construction of the Russian Federation dated 12/25/2020 No. 866/etc.). Conclusion Currently, society is in the process of transition to the sixth technological order, the foundation of which is artificial intelligence, big data and blockchain technologies. Blockchain technologies are becoming a connecting technology that allows you to create and process arrays of big data and develop artificial intelligence technologies based on them. Blockchain technologies are an innovative tool that can radically transform various management and production processes. The innovativeness of blockchain technologies is based on such principles as: - decentralization (distribution over a network of nodes, which eliminates a single point of failure and increases the stability of the system); - Transparency (transactions are verified by network participants and are open for review, which ensures trust and accountability); - immutability of data (after adding information to a block and including it in the chain, it becomes almost impossible to change data without the consent of the majority of network participants), the blockchain has the potential to increase the efficiency, reliability and security of legal processes. At the same time, the introduction of these technologies requires a number of conditions, including the formation of proper legal regulation, ensuring a sufficient technological basis, creating social conditions – preparing the population for the use of new technologies, ensuring financial and political conditions for modernization. In addition, the development of human resources and the creation of organizational conditions will ensure the comprehensive implementation of these technologies in public relations. One of the key conditions for the transition to a new technological order and the accelerated introduction of blockchain technologies in Russia is the creation of effective legal regulation. Based on the results of the analysis of legal acts, the authors conclude that the state policy and regulatory framework for the transition to a new technological order and the introduction of blockchain technologies in various spheres of life is currently being determined at the following levels: - strategic, which consists of strategic planning documents and other acts containing separate objectives of activities that are not formally strategic planning documents; - the regulatory framework, which is composed of laws and other regulatory legal acts that establish requirements for the use of digital technologies in various types of activities; - conceptual, which consists of various concepts aimed at consolidating the principles and approaches to the implementation of certain aspects of the digital transformation of public relations. At the same time, the existing potential of these technologies is currently not fully used. The authors consider it necessary to continue improving the regulation of the relations in question, including through the use of blockchain technologies in various areas of relations, including in legal activities, for example, for: 1) to improve the quality and relevance of legal information, as well as to prevent its distortion, forgery or loss; 2) promoting the development of civil society and citizen participation in lawmaking, for example, through e-democracy mechanisms such as electronic voting, referendums; 3) maintaining distributed registers of real estate transactions, creating a distributed register of purchases of legal entities with state participation; 4) the introduction of a digital passport, birth certificate, marriage or divorce [22, p. 37]; 5) the introduction of digital certificates of registration of computer programs, digital patents for the results of intellectual activity or means of individualization, recorded in a distributed registry. References
1. DIGITAL 2023: Global Digital Overview. [Electronic resource]. DataReportal: Global Digital Insights. Retrieved from https://datareportal.com/reports/digital-2023-global-overview-report
2. DataReportal: Global Digital Insights. [Electronic resource] Retrieved from https://datareportal.com/ 3. Channov, S. E. (2022). Robot (artificial intelligence system) as a subject (quasi-subject) of law. Topical problems of Russian law, 17(12(145)), 94-109. doi:10.17803/1994-1471.2022.145.12.094-109 4. Arens, Y. A., Katkova, N. A., Halimon, E. A., & Brikoshina, I. S. (2021). The fifth industrial revolution is innovation in biotechnology and neural networks. E-Management, 4(3), 11-19, doi:10.26425/2658-3445-2021-4-3-11-19 5. Andrianova, E. G. (2017). Conceptual aspects of building trusted heterogeneous blockchain-media of the new technological mode. IT-Standard, 3(12), 1-6. 6. Manturov announced the transfer of the economy to a new technological mode. [Electronic resource]. RosBusinessConsulting Retrieved from https://www.rbc.ru/economics/12/05/2024/6640e7c49a79479eaf1ce780 7. Grigoriev, E. A. (2022). New technological mode and the Russian economy. Economics. Informatics, 49(3), 474-482, doi:10.52575/2687-0932-2022-49-3-474-482 8. Oganov, A. R. (2022). Prediction of new materials using artificial intelligence. Proceedings of the All-Russian Scientific Conference with International Participation «IV Baikal Materials Science Forum», Ulan-Ude, 01-07 July, 2022, 7-8. 9. Chugunov, A. V. (2021). To the question about the possibilities of digital platforms application in public administration. Information resources of Russia, 5(183), 2-6, doi:10.52815/0204-3653_2021_05183_2 10. Channov, S. E. (2019). State information systems on blockchain technologies for real estate registers: prospects of use. Citizen and Law, 12, 23-29. 11. Ganne, E. (2018). Can Blockchain revolutionize international trade? Geneva: World Trade Organization. 12. Kozhevnikov, A. K. (2023). Prospects for the Application of Blockchain Technologies in Judicial Activity in Russia. Materials of Afanasiev Readings, 2(45), 74-77. 13. Guo, H., & Yu, X. (2022). A survey on blockchain technology and its security. Blockchain: research and applications, 3(2), doi:100067 14. Lukashova, M. A. (2020). Blockchain: concept, areas of application and prospects of development. Skiff. Student Science Issues, 5-2(45), 525-529. 15. Barakina, E. Yu. (2020). Financial and legal regulation of the introduction of distributed registry systems in the national payment system. Moscow. 16. Pension fund plans to use blockchain technology. [Electronic resource]. Telegraph Agency of the Soviet Union Retrieved from https://tass.ru/ekonomika/5500341 17. Sidorov, Y. V. (2021). Basic model of competencies of a digital economy specialist. State. Politics. Socium: Challenges and Strategic Priorities of Development: Proceedings of the International Symposium on Sustainable Regional and Urban Management, Ekaterinburg, 23-25 November, 2021, 406-410. 18. Mazein, A. V. (2024). Legal regulation of managerial activity. Moscow: Yurait. 19. Kupriyanovsky, B. P., Konev, A. V., & Sinyagov, S. A. [et al.]. (2016). Optimizing the use of resources in the digital economy. International Journal of Open Information Technologies, 4(12), 86-96. 20. Kostina, N. B. (2021). Digital Inequality of Generational Groups in Contemporary Russian Society: Toward a Problem Statement. Ufa Humanitarian Scientific Forum, 1(5), 82-92. doi:10.47309/2713-2358_2021_1_82 21. Mazein, A. V. (2021). Administrative and legal regulation of forms and methods of managerial activity of executive bodies of state power of the subjects of the Russian Federation: new strategies and conditions of modernization. Ekaterinburg. 22. Mazein A.V., & Kozhevnikov A.K. (2023). Grounds and Legal Mechanism of Digital Transformation of the Issuance of Official Documents Using NFT in Russia. NB: Administrative Law and Administration Practice, 1, 30-44. doi:10.7256/2306-9945.2023.1.39720 EDN: HMOFBC Retrieved from http://en.e-notabene.ru/al/article_39720.html
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