Mining as juridical and information category

Abstract

Objective: to formulate the notion of mining, to define its essence, properties, types and features.Methods: dialectical approach to the cognition of social phenomena, enabling to analyze them in their historical development and functioning in the context of a set of objective and subjective factors, which determined the choice of the following research methods: formal-logical, comparative-legal, sociological.Results: it is substantiated that mining is a new complex economic-legal technology and, at the same time, a new type of human economic activity, which does not belong to entrepreneurial activities. Therefore, it is stated that mining should not be subject to taxation, it does not imply specialized state-legal regulation (licensing, control, etc.), cannot be regarded as illegal business activity in the absence of registration, and does not entail any other negative consequences. Scientific novelty: the definition of mining is viewed for the first time in the scientific literature, taking into account its two main components: informational and legal. In contrast to the definition of mining given in the draft Federal Law “On digital financial assets”, the reference to electricity consumption was removed, as there are other types of mining that are difficult to detect by a steadily high level of energy consumption in the system.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law-making activities in the consideration of issues related to the legal regulation of mining.

Keywords

• экономика и управление народным хозяйством
• майнинг
• цифровые финансовые активы
• криптовалюта
• блокчейн
• биткойн
• валюта
• детекция