Digital Rights as a Tool for Attracting Investments in Business Projects: Problems of Establishing a Legal Regime

Vollständiger Abstract

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Digital assets that can be used in practice to attract investments in business projects are only partially regulated by Russian law. There are a number of unresolved issues regarding utilitarian digital rights and digital financial assets that have already been regulated by Russian legislation. The dual legal regime of shares issued in the form of digital financial assets, which are both digital rights and securities, does not contribute to the effective protection of shareholders’ rights. It is necessary to explicitly establish in the law what constitutes a confirmation of a shareholder’s rights in such joint-stock companies. In the future, it is proposed to combine the legal regime of digital financial assets and non-documentary securities. In Russia, the legal regime for a significant portion of digital assets has not yet been established.