LEGAL REGULATION OF THE TURNOVER OF DIGITAL ASSETS IN THE REPUBLIC OF KAZAKHSTAN AND THE POSSIBILITY OF THEIR INHERITANCE

The article analyzes the state of legal regulation of the turnover of digital assets in the Republic of Kazakhstan and the possibility of their inheritance. The legislation governing digital assets classifies them as property. At the same time, digital assets are divided into secured and unsecured. The article shows that a secured digital asset certifies the right to tangible, intellectual services and assets, with the exception of money and securities, and is accordingly associated with objects already familiar to the law. In this regard, the release of a secured digital asset is possible only after checking the availability of its collateral. In addition, the person who owns the digital asset is known according to the stipulated legal requirements. The activity of a person issuing secured digital assets is subject to licensing. There are no special restrictions for persons acquiring such assets. The article notes that an unsecured digital asset is not associated with any property that exists independently of electronic and digital technologies and digital mining is required to create it. The subject of the relationship regarding an unsecured digital asset can be a miner, as well as the owner of informatization facilities. The release of unsecured digital assets is subject to licensing. The turnover of such assets is possible only on the territory of the «Astana» International Financial Center. Thus, digital assets can be alienated by their owners during their lifetime, which means they can pass to heirs after their death. Solving practical problems of licensing unsecured digital assets, centralizing the control of their turnover will streamline the issues of legal regulation of electronic digital technologies and their inheritance at the national level. Thereby, digital assets can be alienated by their owners during their lifetime, which means they can pass to heirs after their death. Solving practical problems of licensing unsecured digital assets, centralizing the control of their turnover will streamline the issues of legal regulation of electronic digital technologies and their inheritance at the republican level.

Authors

Publication Details

Journal
Bulletin of Institute of Legislation and Legal Information of the Republic of Kazakhstan
Published
2024-09-30
DOI
https://doi.org/10.52026/2788-5291_2024_78_3_124
Citations
1
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
4.07
Controls
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article

LEGAL REGULATION OF THE TURNOVER OF DIGITAL ASSETS IN THE REPUBLIC OF KAZAKHSTAN AND THE POSSIBILITY OF THEIR INHERITANCE

Assel Bulatkazіyevna Zhanabilova
1 citations
Bulletin of Institute of Legislation and Legal Information of the Republic of Kazakhstan
Legal and Policy Issues
4.07
article

LEGAL REGULATION OF THE TURNOVER OF DIGITAL ASSETS IN THE REPUBLIC OF KAZAKHSTAN AND THE POSSIBILITY OF THEIR INHERITANCE

Assel Bulatkazіyevna Zhanabilova
article en
1 citations

Abstract

The article analyzes the state of legal regulation of the turnover of digital assets in the Republic of Kazakhstan and the possibility of their inheritance. The legislation governing digital assets classifies them as property. At the same time, digital assets are divided into secured and unsecured. The article shows that a secured digital asset certifies the right to tangible, intellectual services and assets, with the exception of money and securities, and is accordingly associated with objects already familiar to the law. In this regard, the release of a secured digital asset is possible only after checking the availability of its collateral. In addition, the person who owns the digital asset is known according to the stipulated legal requirements. The activity of a person issuing secured digital assets is subject to licensing. There are no special restrictions for persons acquiring such assets. The article notes that an unsecured digital asset is not associated with any property that exists independently of electronic and digital technologies and digital mining is required to create it. The subject of the relationship regarding an unsecured digital asset can be a miner, as well as the owner of informatization facilities. The release of unsecured digital assets is subject to licensing. The turnover of such assets is possible only on the territory of the «Astana» International Financial Center. Thus, digital assets can be alienated by their owners during their lifetime, which means they can pass to heirs after their death. Solving practical problems of licensing unsecured digital assets, centralizing the control of their turnover will streamline the issues of legal regulation of electronic digital technologies and their inheritance at the national level. Thereby, digital assets can be alienated by their owners during their lifetime, which means they can pass to heirs after their death. Solving practical problems of licensing unsecured digital assets, centralizing the control of their turnover will streamline the issues of legal regulation of electronic digital technologies and their inheritance at the republican level.

Bulletin of Institute of Legislation and Legal Information of the Republic of KazakhstanVol. 3(78)
Openalex Percentile: Top 8%
Legal and Policy Issues
4.07
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LEGAL REGULATION OF THE TURNOVER OF DIGITAL ASSETS IN THE REPUBLIC OF KAZAKHSTAN AND THE POSSIBILITY OF THEIR INHERITANCE — Assel Bulatkazіyevna Zhanabilova · Bulletin of Institute of Legislation and Legal Information of the Republic of Kazakhstan (2024) | TGRS Research Map | TGRS