Tendencies of the Legal Regulation of Electronic Transactions in Contemporary Russian Law

This article discusses the basic aspects of concluding civil law transactions in electronic format. The procedure for recognizing the legal force of documents executed with the help of electronic technical means is analyzed. The interpretations of the main terms associated with the concept of “electronic transaction” are investigated: “digital law” and “smart contract”, the innovations that arose after the entry into force of Law No. 34-FZ on October 1, 2019 are considered. The amendments to the Russian civil legislation made after October 1, 2019 are detailed. The basic provisions of regulation of the electronic transactions market have been fixed. The specifics of electronic transactions are revealed. The characteristic of the concept of “holders of digital rights” is given. The main trends in the legal regulation of electronic transactions in modern Russian law are determined. An attempt is made to differentiate the concepts of “digital” and “electronic” based on the results of research by other specialists. The conceptual approaches of specialists to the concept of “smart contract” are analyzed. The reasons for the departure of Russian law to the concept of “smart contract” are considered. The necessity of legitimizing the institution of smart contracts in modern Russian law and the consolidation of the legal regime of a smart contract is analyzed. The relationship between the need to legalize the institution of smart contracts and cybercrime is considered. The author gives his own interpretation of the concept of “smart contracts” and its basics.