DIGITAL FINANCIAL ASSETS: CONFLICT CONTROL ISSUES

Abstract

The paper deals with the problems of applying the conflict method of regulating relations connected with the introduction into the Russian Federation of digital assets that have become particularly relevant in recent times. A number of legislative initiatives aimed at regulating relations on the creation and / or exchange of digital financial assets are analyzed. The author defines digital rights — digital codes or designations that exist in the decentralized information system, they certify the rights of the holder of unique access to them to other («real») objects of civil rights, with the exception of intangible benefits. The author proposes to legislatively fix the rules that determine the location of an auction, competition or exchange location on the Internet by the location of the party organizing such an auction, competition or exchange. If that is not possible, the location is determined based on information on their location or location on the corresponding website, or by the domain name that provides the holding of such an auction, competition or access to an electronic exchange.