?
Об особенностях правового режима различных видов цифровых финансовых активов и гибридных цифровых прав
The article addresses topical issues related to the peculiarities of the legal regime of certain types of digital financial assets. First, the author pays attention to the absence of special regulation of tokens certifying monetary claims, due to which this type of tokens allows to build both simple contractual relations, mediating debt relations, and complex structured transactions, being derivative financial instruments. Secondly, the author considers the possibility of entering into a loan agreement for issuance securities and a repo transaction, through the issuance of digital financial assets. Thirdly, the article considers the peculiarities of the legal regime of tokens certifying the rights from issuance securities and the peculiarities of the subject composition related to the issuance of such digital financial assets. Fourth, the article analyzes the legal risks of creating digital companies. As a result of the article, the author concludes that various types of digital financial assets are significantly heterogeneous, which significantly affects the regulation of their circulation.