Analysis of foreign experience in the regulatory framework of distributed ledgers and ico (initian coin offering) within innovative

Ruchkina, G.F.; Ermakov, D.N.

Авторы: Ruchkina G.F., Ermakov D.N.
Журнал: Humanities and Social Sciences Reviews
Том: 7
Номер: 4
Год издания: 2019
Издательство: Gyandhara International Academic Publications
Местоположение издательства: India
Первая страница: 1
Последняя страница: 5
DOI: 10.18510/hssr.2019.74121
Аннотация: From the point of view of civil law, ICO is a proposal to conclude a preliminary contract for the sale and purchase of assets of a binding nature at the stage of formation of a legal entity. Tokens (or digital coupons) are used here as securities. They are released on the blockchain, which guarantees the irrevocability and transparency of transactions, as well as the accuracy of the execution of agreements through the use of smart contracts1. According to Autonomous NEXT, since 2014, the yield of the initial investors averaged 123%, and the investments were distributed in the following sectors: cryptocurrency, service blockchain, cloud investments and payments. And although in 2017, the share of other areas of investment through ICO (media, computer games, Internet of things, etc.) significantly increased, areas with high economic and criminological risks (cryptocurrency and payment solutions for the crypto market) remain the most popular. According to Chainalysis estimates, in 2017 alone, about 1.6 billion US dollars were attracted to ICO. At the same time, already 10% of the projects were considered fraudulent. So, according to Bloomberg, the number of victims of cybercriminals in ICO this year is about 30 thousand. Each of the victims lost an average of $7.5002. Specifically, the calculations were based solely on phishing fraud, when the withdrawal of investors' funds is carried out through the transfer of money to fake addresses. If we start from the intentional non-fulfillment by startups of obligations to investors, then the number of fraudulent projects will increase at least five times. High fraud risk now forces states to look for optimal controls over the ICO market. In general, we can underline the formation of three main strategies for the legal regulation of the primary token allocation3
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