Risks of Smart Contracts Termination in the Investment Sphere
摘要
The presented article is devoted to the study of theoretical development, normative regulation and practical aspects of termination of smart contracts in the investment sphere. The importance of addressing this topic is predetermined both by the generally intensive development of the digital economy, which mediates the need to develop effective means of legal regulation of the relevant processes (including contractual instruments in the field of investment legal relations), and the specificity of smart contracts, which makes it impossible to fully apply to them the traditional civil law rules on contract termination. While the regulation of the issues in question remains inadequate in Russia (despite the fact that the dynamics of legislative development is in line with global trends), analyzing the specifics of normative transformation and trends in law enforcement, one cannot fail to note the special potential for the advanced development of relevant practices within the framework of investment activities. Similar trends, in turn, are observed in a number of foreign legal orders, which is of interest in the comparative legal context. Based on the results of the study, the paper formulates conclusions regarding the possible prospects for improving the Russian legislation in force in the area under consideration and the practice of its application.