Activity of public control entities and development of distributed computing and distributed data storage systems
https://doi.org/10.24833/2073-8420-2018-1-46-14-22
Abstract
Introduction. This article is devoted to legal regulation of digital assets turnover, utilization possibilities of distributed computing and distributed data storage systems in activities of public authorities and entities of public control. The author notes that some national and foreign scientists who study a “blockchain” technology (distributed computing and distributed data storage systems) emphasize its usefulness in different activities. Data validation procedure of digital transactions, legal regulation of creation, issuance and turnover of digital assets need further attention.
Materials and methods. The research is based on common scientific (analysis, analogy, comparing) and particular methods of cognition of legal phenomena and processes (a method of interpretation of legal rules, a technical legal method, a formal legal method and a formal logical one).
Results of the study. The author conducted an analysis which resulted in finding some advantages of the use of the “blockchain” technology in the sphere of public control which are as follows: a particular validation system; data that once were entered in the system of distributed data storage cannot be erased or forged; absolute transparency of succession of actions while exercising governing powers; automatic repeat of recurring actions. The need of fivefold validation of exercising governing powers is substantiated. The author stresses that the fivefold validation shall ensure complex control over exercising of powers by the civil society, the entities of public control and the Russian Federation as a federal state holding sovereignty over its territory. The author has also conducted a brief analysis of judicial decisions concerning digital transactions.
Discussion and conclusion. The use of the distributed data storage system makes it easier to exercise control due to the decrease of risks of forge, replacement or termination of data. The author suggests defining digital transaction not only as some actions with digital assets, but also as actions toward modification and addition of information about legal facts with a purpose of its establishment in the systems of distributed data storage. The author suggests using the systems of distributed data storage for independent validation of information about activities of the bodies of state authority. In the author’s opinion, application of the “blockchain” technology may result not only in the increase of efficiency of public control, but also in the creation of a new form of public control – automatic control. It is concluded there is no legislation basis for regulation of legal relations concerning distributed data storage today.
About the Author
D. V. GribanovRussian Federation
Dmitry V. Gribanov, Doctor of Juridical Science, Associate Professor, Vice-Rector for Academic Affairs
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Review
For citations:
Gribanov D.V. Activity of public control entities and development of distributed computing and distributed data storage systems. Journal of Law and Administration. 2018;(1):14-22. (In Russ.) https://doi.org/10.24833/2073-8420-2018-1-46-14-22