Цифровое свидетельство: понятие и место в системе ценных бумаг

Журнал российского права. 2022. Т. 26. № 4. С. 93–102.

Lapteva A.

The article analyzes the legal regime of a new investment instrument - a digital certificate, which was introduced into Russian legislation recently. It should be stressed that the appearance of this investment instrument in Russian law is determined by the requirement to introduce digital rights (utilitarian digital rights) to the securities market. The requirement of the introducing digital rights will help to increase the circle of potential investors, because they haven’t to obtain the status of a participant in the investment platform.

The purpose of this article is to investigate insufficiently developed problems related to the legal nature, the legal regime of the digital certificates, also the conditions of their turnover.

Methodological basis of the research consists of general scientific and special methods of cognition, in particular system-structural, formal-legal, formal-logical methods, method of interpretation of law.

In the article, the author notes that the existing legal regulation of relations arising over a digital certificate can hardly be considered satisfactory. In particular, the current legislation contains contradictions and gaps that need to be eliminated. For example, the legislator doesn’t answer to the question of who is the original owner of the digital certificate. As a result of the conducted research, the author of the article came to the conclusion that the digital certificate is a non-emissive, non-documentary, investment security intended for the introduction of such investment instruments as digital rights (utilitarian digital rights) into the securities market.

Keywords: инвестиции, ценные бумаги, securities, цифровая экономика, investments, digital economy, digital certificate, цифровое свидетельство