ON THE ISSUE OF CONTRACT LAW DIGITIZATION

Abstract

Today, one of the most discussed technologies affecting the sphere of economic relations in the framework of digital transformation is blockchain and smart contracts created in its environment, which are widely used in various sectors of the national economy. The article analyzes approaches to the implementation of smart technology as a means of supporting classical contractual activity and innovative technology of its integration into the contractual law of Ukraine. The features of the legal regulation of smart contractual relations are considered. The purpose of the study is to determine what place a smart contract occupies within the framework of traditional contractual legal structures, to trace approaches to understanding its legal nature, including on the basis of an analysis of the definitions formulated in Western legal doctrine. In the course of which, it was found that there are two main approaches: a smart contract as a legal document and a smart contract as a computer program. Based on the selected approaches to understanding the legal nature of smart contracts, two models for the incorporation of smart contracts into national contract law were proposed: technological and innovative legal. Technological model of transferring a test to a smart contract, but only as an instrumental one, which is designated for the performance of a contract at a part of an automatic test of a health problem and a warhead-taking over of these results, when it is necessary in the case of a computer it is written in the minds of the contract, rewriting the matime of that scenario, like the prescriptions for the classic contract. The innovative legal model of the incorporation of smart contracts in the contract is the right to transfer the legitimacy and on the basis of the form of the paper version of the contract, the introduction of the legal status of the contract for the land, which is based on smart technologies. As part of this goal, the author analyzes the form, subject, and subject composition of smart contracts, if they are legitimized within the framework of the innovative legal model of incorporation into contract law. The conclusion is made about the sufficiency of the current legal framework and legislative initiatives for the implementation of smart contracts in the economic sphere.