А. А. Kud
Methodology for Determining Whether
a Blockchain Token Corresponds to a Digital Asset
Methodical Manual
Kharkiv
“KRPOCH”
2019
2
UDC 001.891.5:330.47:33.053.22(072)
DOI 10.26697/9786177089079.2019
К 88
Recommended for publication by the scientific and methodological
council of the Research Institute KRPOCH
(Protocol No. 01 dated March 30, 2019)
Reviewers:
Kucheriavenko N. P. – Doctor of Legal Science, Candidate of Economic
Sciences, Professor, Head of the Department of Financial Law of the
Yaroslav Mudryi National Law University, First Vice-President of the
National Academy of Legal Sciences of Ukraine.
Marchenko O. S. – Doctor of Economic Sciences, Professor, Professor
of the Department of Economic Theory of the Yaroslav Mudryi National
Law University.
Makarichev А. V. – Doctor of Physics and Mathematics, Associate
Professor, Professor of the Department of Transport Technologies and
Technical Services of the Institute of Mechanics of NUWEE, Lead
Researcher of the Department of Transport Systems and Logistics of
KNAHU.
К 88
Kud А.A. Methodology for Determining Whether a
Blockchain Token Corresponds to a Digital Asset: methodical
manual / Scientific Research Institute KRPOCH. Kharkiv:
KRPOCH, 2019. 52 p. doi: 10.26697/9786177089079.2019
ISBN 978-617-7089-07-9
The publication provides criteria and indicators of the
characteristics of a blockchain token, presents the methodology for
determination and mathematical processing of data. The methodological
manual has been developed in order to establish whether a blockchain
token is a digital asset based on the results of its research, including the
research of the legal characteristics of a blockchain token, and is intended
for specialists in the fields of information and digital economy, lawyers,
financial organizations and representatives of business communities.
UDC 001.891.5:330.47:33.053.22(072)
© Kud А.A., 2019
ISBN 978-617-7089-07-9 © KRPOCH, 2019
3
CONTENTS
INTRODUCTION
4
SECTION 1. THEORETICAL BASIS
OF A BLOCKCHAIN TOKEN AS A DIGITAL ASSET
1.1. Development of the Blockchain Technology:
Cryptocurrencies, Tokens, Digital Assets
1.2. Complex of Definitions of the Basic Concepts Related to
a Blockchain Token
1.3. Components in the Context of the Definition of the Term
“Digital Asset”
1.4. Characteristics of the Criteria and Indicators of a
Blockchain Token’s Correspondence to a Digital Asset
SECTION 2. ORGANIZING AND CONDUCTING
THE RESEARCH OF CHARACTERISTICS
OF A BLOCKCHAIN TOKEN
2.1. Research of Characteristics of a Blockchain Token
2.2. Analysis of Research Results
2.3. Interpretation of Research Results
SECTION 3. MATHEMATICAL FORMALIZATION
OF METHODOLOGY FOR DIAGNOSING WHETHER
CHARACTERISTICS OF A BLOCKCHAIN TOKEN
CORRESPOND TO THOSE OF A DIGITAL ASSET
3.1. Triple Classification Based on the Results of the
Diagnostics on Whether a Blockchain Token Corresponds to
a Digital Asset
3.2. Reliability of the Methodology for Diagnosing the
Blockchain Token Based on the Number of Points Received
CONCLUSIONS
THESAURUS
REFERENCES
5
5
11
16
21
25
25
28
31
32
32
34
41
43
47
4
INTRODUCTION
The modern global financial system is going through significant
changes, which are caused largely by the formation of its new field –
the information economy based on the blockchain technology.
The implementation and development of the distributed ledger
technology similar to account books, each of which has the same data
records and is jointly supported and controlled by a distributed
network of computer servers, have contributed to the emergence of a
new technology – blockchain.
Today, the blockchain technology is considered by society as a
new mechanism for the dissemination of digital information. In
particular, it attracts financial experts, who first became interested in
blockchain as the technology of an account book, but then realizing its
enormous potential, started creating digital currencies on its basis and
looking for other ways of its application. The active implementation
of the blockchain technology and the revealed advantages of its
application reflect global transformations, which affect political, legal,
socioeconomic and other areas of social life.
Thus, it becomes obvious that the sooner institutions and
organizations, both governmental and non-governmental, can use this
technology to optimize their activities, the more innovative and
competitive their products and services will become. The use of
blockchain tokens for registration and exchange of property rights to
assets and, generally, of any kind of rights, will lead to a drastic
transformation in various fields, comparable in importance to the
replacement of typewriters by computers, not to mention the
optimization of processes related to accounting and information
exchange by means of digital assets.
The main objectives of this manual are: to display the
characteristics of a blockchain token that are laid down in the term
“digital asset”; define criteria and indicators of characteristics of a
blockchain token; present a methodology for diagnosing a blockchain
token for correspondence to a digital asset and a method for
mathematical data processing for such evaluation.
Thus, this methodological manual will allow you to establish
the correspondence of any blockchain token to a digital asset.
5
SECTION 1
THEORETICAL BASIS
OF A BLOCKCHAIN TOKEN AS A DIGITAL ASSET
1.1. Development of the Blockchain Technology:
Cryptocurrencies, Tokens, Digital Assets
The development of the digital economy as a whole, and of
digital technologies in particular, has led to the emergence of a new
term “digital asset” and to the stage-by-stage implementation of
related processes.
The use of the term “digital asset” in the modern understanding
is primarily caused by the emergence of the blockchain technology
and cryptocurrencies.
Blockchain is a particular type or subset of the so-called
distributed ledger technology (DLT). This technology is a mechanism
that employs an encryption method known as cryptography and a set
of specific mathematical algorithms to create and verify a constantly
growing data structure, to which you can add data and from which you
cannot delete the existing data – the form of a chain of “transaction
blocks”, which functions as a distributed ledger.
In simple terms, blockchain can be considered as a distributed
database. Additions to this database are initiated by one of the network
nodes, which creates a new block of data that can contain various types
of information. This new block is transmitted to every party in the
network (using cryptography). Other nodes collectively determine the
block’s validity in accordance with a predefined method of
algorithmic validation, commonly referred to as a “consensus
mechanism”. Once validated, the new block is added to the chain of
blocks of the public distributed ledger (blockchain), which,
essentially, results in an update of the transaction ledger and is
distributed across the network.
One of the key advantages of the blockchain technology is that
it allows simplifying the execution of a wide array of transactions that
usually require third-party intermediaries, i.e. eliminating
intermediaries from the process of interaction between the two parties.
6
Despite the fact that the blockchain technology is often
associated with digital or virtual currency schemes, payments and
financial services, its scope of use is much wider. In practice,
blockchain is already used in various sectors (e.g. trade and
commerce, healthcare, public administration, logistics, banking, etc.).
It should be noted that cryptocurrency is the first well-known
application of the blockchain technology, which formed the basis of
the cryptocurrency market and resulted in the whole variety of
cryptocurrencies. At the same time, it can be noted today that
blockchain has clearly outgrown the cryptocurrency context and, as a
technology, it can be applied in many areas of social life.
Since the emergence of the first virtual currency in 2009, the
topic of cryptocurrencies and blockchain has been studied by various
international organizations and state institutions, each of which
approached it differently. The fundamental documents for clarifying
the essence of the terms under consideration are official publications
of international regulatory and supervisory bodies in this area.
The European Central Bank (ECB) classified cryptocurrencies
as a subgroup of virtual currencies. In its report on virtual currency
schemes in 2012, the ECB defined such currencies as a type of
unregulated, digital money, which is issued and usually controlled by
its developers, and used and accepted among the members of a specific
virtual community.
The ECB further clarified that three types of virtual currencies
can be distinguished depending on the interaction with traditional
currencies and the real economy:
1) virtual currencies, which can only be used in closed virtual
systems, usually in online games;
2) virtual currencies that are unilaterally linked to the real
economy: there is a conversion rate for purchasing currency (with
traditional money), and the purchased currency can subsequently be
used to purchase virtual or real goods and services;
3) virtual currencies that are bilaterally linked to the real
economy: there are conversion rates both for purchasing and selling
such currency; the purchased currency can be used to purchase both
virtual and real goods and services [1, p. 13–19].
7
In a more recent report of 2015, the ECB put forward another,
largely updated, definition of virtual currencies. It defined virtual
currencies as digital representations of value not issued by a central
bank, credit institution or e-money institution, which in some
circumstances can be used as an alternative to money [2, p. 4].
Like the ECB, the International Monetary Fund (IMF) has
categorized cryptocurrencies as a subset of virtual currencies, which it
defines as digital representations of value issued by private developers
and denominated in their own unit of account. [3, p. 7].
According to the IMF, the concept of virtual currencies covers
a wider array of currencies ranging from simple derivative financial
instruments (IOUs) of virtual currencies, which are backed by various
assets such as gold or real property, to electronic money and
cryptocurrencies.
The Committee on Payments and Market Infrastructures
(CPMI), a body of the Bank for International Settlements (BIS), has
defined cryptocurrencies as digital currencies or digital currency
schemes.
These schemes have the following key features:
they are assets whose value is determined by supply and
demand, similar in concept to commodities such as gold, but with zero
intrinsic value;
they use a distributed ledger, which allows remote peer-to-
peer exchange of electronic values in the absence of trust between the
parties and without the need for intermediaries;
they are not operated by any specific individual or institution
[4, p. 4–7].
The European Banking Authority (EBA) has proposed to refer
to cryptocurrencies as virtual currencies, which it defines as digital
representations of value that are neither issued by a central bank or a
public authority, nor necessarily attached to a fiat currency, but are
used by natural or legal persons as a means of exchange and can be
transferred, stored or traded electronically [5, p. 11].
The European Securities and Markets Authority (ESMA) also
refers to cryptocurrencies as virtual currencies in a pan-European
warning issued in cooperation with the European Insurance and
8
Occupational Pensions Authority (EIOPA) and the EBA. Fully in line
with the EBA’s definition, virtual currencies are defined as digital
representations of value that are neither issued nor guaranteed by a
central bank or public authority and do not have the legal status of
currency or money [6, p. 1].
The World Bank has classified cryptocurrencies as a subset of
digital currencies, which it defines as digital representations of value
that are denominated in their own unit of account, distinct from e-
money, which is simply a digital payment mechanism, represented and
denominated in fiat money. The World Bank has also defined
cryptocurrencies as digital currencies that rely on cryptographic
methods to achieve consensus [7].
The Financial Action Task Force (FATF) as an
intergovernmental organization, which sets world standards for
combating money laundering and financing of terrorism, has
approached cryptocurrencies as a subset of virtual currencies, which it
defines as digital representations of value that can be digitally traded
and function as a medium of exchange; and/or a unit of account; and/or
a store of value, but do not have legal tender status in any jurisdiction.
Thus, virtual currencies can be divided into two basic types:
convertible virtual currencies that have an equivalent value in
real currency and can be exchanged back-and-forth for real currency;
these virtual currencies can be of a centralized or a decentralized
nature (i.e. they can either have a central administrative authority that
controls the system or no central oversight at all);
non-convertible virtual currencies that are specific to a
particular virtual domain or world, and under the rules governing its
use, cannot be exchanged for fiat currency [8, p. 4–5].
The properties and functions of some blockchain tokens
resemble the properties and functions of traditional financial
instruments, such as shares or bonds, and are commonly referred to as
“security tokens” or “investment tokens”. Other blockchain tokens
provide their owners with access to specific products or services and
are commonly referred to as “utility tokens”. They can be used to
acquire certain products or services, but they do not constitute a
9
general-purpose medium of exchange, because, as a rule, they can
generally only be used on the token platform itself.
The distinctive feature of the legal regulation of these relations
is associated with the coordination of regulation of virtual currency
circulation at the national and international levels. In these conditions,
regulation of the virtual currency circulation is associated with a
certain duality of coordination. Firstly, we are talking about
combining the regulation of these relations both within the framework
of national legislation and at the international level. Secondly, social
relations that have to do with the circulation of virtual currencies are
complex in nature, providing both their regulation by means of private
and public law, and the allocation of certain aspects of these relations
as the subject of civil, economic and financial law.
The multi-level correlation of regulatory requirements within
one country also adds some complexity. In 2017, the Uniform Law
Commission (ULC) developed the Uniform Regulation of Virtual-
Currency Business Act, a unified act on the regulation of activities
related to virtual currencies. Economic activities related to virtual
currencies and specified in this act are identical to services that are
already subject to licensing and prudential regulation in the status of
“money providers” or “money transfers” in many states. In 2018, this
act was supplemented by the Uniform Supplemental Commercial Law
for the Uniform Regulation of Virtual-Currency Businesses Act, a
unified act on commercial law for the uniform regulation of virtual
currencies.
The peculiarity of such uniform acts is that they are not
automatically included either in the US federal law or in the legislation
of the federal subjects. These acts are guidelines for policy makers in
the process of legislation development in the relevant field.
A significant number of negative aspects of the application of
virtual currencies are associated with the lack of a legal assessment of
this phenomenon and the uncertainty of their legal nature, which
greatly complicates the development of an appropriate regulatory
framework.
Today, there is no single well-established approach to the
content of the term “virtual currency” at either international or national
10
levels. In various circumstances, it is defined as money, electronic
money, currency, financial instrument, means of payment, medium of
exchange, type of digital money, digital representation of value, type
of asset, intangible asset, etc. The lack of clarity in the definition of a
virtual currency is also supplemented by numerous identical concepts.
Along with virtual currency, such concepts as “cryptocurrency”,
“cryptoasset”, and “digital financial asset” are used.
The main conclusion that can be drawn from the foregoing is
that there is no generally accepted definition of the term
“cryptocurrency” available in the regulatory space. Most government
agencies and international organizations have refrained from defining
the term altogether. Among those mentioned above, only the World
Bank and the FATF have proposed a clear-cut definition. However, it
is evident that most of the mentioned institutions and organizations
approach cryptocurrencies as a subset or a form of virtual or digital
currencies.
11
1.2. Complex of Definitions of the Basic Concepts Related to
a Blockchain Token
The research works of scientists in the economic, financial and
legal fields, as well as practitioners in the field of information
technology, who employ various definitions of terms “digital
currency”, “virtual currency”, “cryptocurrency”, “digital asset”,
“virtual asset”, “cryptoasset”, “digital money”, “virtual money”,
“electronic money”, constituted the theoretical value and practical
significance for the development of the conceptual and categorical
apparatus. These terms are not identical and have their own essential
features.
Table 1 presents a complex of definitions of the basic terms
related to a blockchain token.
Table 1
Complex of Definitions
Term
Cryptocurrency
Cryptocurrency
Cryptocurrency
12
Term
Cryptocurrency
Cryptocurrency
Cryptocurrency
Cryptocurrency
Cryptocurrency
Cryptocurrency
13
Term
Virtual
currency
Cryptoasset
Cryptoasset
Virtual asset
Virtual asset
Digital asset
Digital asset
14
Term
Digital asset
Digital asset
Electronic
money
Electronic
money
Virtual money
15
Thus, the modern development of new forms of representing
digital technologies is characterized by such a rapid pace that the
formation of the corresponding theoretical basis and of the concrete
conceptual and categorical apparatus significantly falls behind, which
is why scientific publications equate the above-mentioned categories
or replace some of them with different ones.
By analyzing the above-mentioned definitions, it can be stated
that today there is a substitution of concepts in society, and in most
cases, the term “digital asset” means cryptocurrency. Such tendencies
can be explained by a rather ambiguous status of cryptocurrencies and,
therefore, attempts to minimize the negative attitude towards this
phenomenon.
As practice shows, changes in the field of information
technology and the economy are occurring very quickly, therefore, the
essence and nature of digital assets, which are currently at the stage of
development, are not yet fully understood and accepted by the modern
community. At the same time, it is necessary to take into account the
prospects of using digital assets, since in the future they may become
the universally recognized equivalent of value and have the legal
tender status. Therefore, any classification and systematization of
related concepts is somewhat arbitrary and, in modern rapidly
changing conditions, for obvious reasons, cannot be considered
established yet.
16
1.3. Components in the Context of the Definition of the
Term “Digital Asset”
Digital asset is still a poorly studied phenomenon for the
economy, therefore, the essential distinction from other objects seems
extremely necessary in the conditions of the development of the
market of information resources and services based on the blockchain
technology.
Indeed, based on the foregoing, we can conclude that today the
term “digital asset” is interpreted differently, which greatly
complicates the understanding of many processes related to the use of
digital assets and quite often affects the distortion and
misinterpretation of information laid down in the basis of existence of
digital assets. Such terminological confusion creates stable conditions
for further establishment of the inconsistency and ambiguity not only
of the term “digital asset” itself, but also of the prospects for its use.
Due to the fact that digital assets have great potential for the real sector
of economy, there is a need for their legal regulation and consolidation
of the definition of “digital asset” in the economic and legal aspects
based on the established essential semantic features [29].
DIGITAL ASSET is an information resource derivative of the
right to a value and circulating in the distributed ledger in the form of
a unique identifier.
When clarifying the definition of the term “digital asset”,
certain essential semantic features represented by four components
have been analyzed:
1) economic;
2) legal;
3) information;
4) value.
Taking these elements into account, its structural components
have been emphasized in the definition of “digital asset”.
Economic component in the context of the definition of the
term “digital asset” is represented in the financial field by a unique
identifier.
17
The component “in the form of a unique identifier” indicates the
form of representation of a digital asset and the existence of a unique
name. The alphanumeric code assigned by the system, in which the
digital asset circulates, allows distinguishing a specific digital asset in
the distributed ledger and obtaining the necessary information about
it. The given properties of a unique identifier of a blockchain token
transaction allow individuals and business entities to conduct the
balance accounting of a digital asset, which enables them to calculate
the main economic indicators of activity, including production of
goods, cost of production, profit and profitability.
Digital assets obtained a unique property with the emergence of
the distributed ledger technology, whose structure guarantees safe
information storage and the possibility of asset verification. Any
changes made to the distributed ledger (blockchain) automatically lead
to the generation of a new unique identifier, which eliminates the
possibility of duplication and illegal use of the asset. The information
about a digital asset contains the following characteristics: its location,
registration, legal restrictions and other distinctive features and
properties. Blockchain provides the conditions for identifying a digital
asset by giving it a unique hash code, which allows assigning such an
asset to a specific entity.
Legal component in the context of the definition of the term
“digital asset” is represented in the legal field by a derivative of the
right.
Having analyzed different meanings of the term “derivative”,
we can conclude the following: all these terms have a certain basic
phenomenon, the subject (source), which determines the origin of a
derivative. In other words, “derivative” emerges as a result of the
transformation of the source (basic phenomenon) and is able to retain
basic properties or rely on them. In turn, the properties of derivatives
are predetermined by the properties of sources.
The definition of the term “digital asset” uses the subjective
approach to interpreting right as the type and measure of a person’s
possible behavior, which are governed by legal norms.
According to the analysis of the definitions of the component
“derivative of the right”, we can state that they most fully reflect the
18
essence of the principle laid down in the definition of the term “digital
asset”. A digital asset is not the right to a value in its interpretation,
but it has attributes of a derivative of the right to a value.
Information component in the context of the definition of
the term “digital asset” is represented in the IT field by an
information resource circulating in the distributed ledger.
Information resource is information structured and organized in
a certain way and recorded on a tangible medium. Information can be
stored, transmitted, used, and updated. An information resource has
the properties of practical significance and usefulness as well as the
possibility of multiple use (“inexhaustibility”). Unlike other types of
resources (natural, economic, temporary), the quantity and quality of
information resources increase as they are used. Such a cumulative
effect along with the development of modern technologies contributes
to the rapid increase in the information potential of society as a whole.
Thus, a digital asset is an information resource in the sense that
the information on a value presented in a digital form has such main
properties of an information resource as:
a) information is structured according to certain parameters and
categories;
b) information is recorded on a digital medium;
c) information can be stored, transmitted, exchanged, used, etc.
In addition, a digital asset has an additional property –
information on a value is formed by the owner of this value. It should
also be noted that an information resource in the context of the
definition of the term “digital asset” is deprived of such a characteristic
as the possibility of being copied an unlimited number of times. This
is due to the fact that in the distributed ledger, each such resource is
expressed in the form of a unique identifier, which ensures stable
conditions for the guaranteed conformity of a digital asset to a specific
entity. Thus, the following important conclusion can be reached: the
value of a digital asset lies in its uniqueness and credibility, which are
ensured by circulation of the digital asset in the distributed ledger.
Based on these characteristics, one can also designate the high
practical significance of the digital asset in the economic and legal
aspects.
19
One of the key properties of a digital asset is the ability to
circulate in the digital environment, rather than being copied during
transmission from one email address (storage, wallet, cell) to another.
A circulating object (digital asset) must necessarily have not only its
own circulation environment, but also clearly defined rules and
conditions for its existence in such an environment. To be able to
establish and monitor the implementation of such rules and conditions,
a reliable digital scalable and decentralized ecosystem is needed,
which will allow all participants to be confident that the uniqueness of
information resources will be preserved. That is why the component
“distributed ledger” occupies an important place in the definition of a
digital asset.
The distributed data storage system of such ledgers is one of the
most technologically advanced. It provides the highest possible level
of confidence in the information due to the mandatory procedure of
verifying it for accuracy by all nodes of the distributed environment
through a certain method of building consensus. Thus, the problem of
“double-spending” is also solved. The information contained in such
a ledger cannot be deleted or modified, and the reliability and
mechanism of this storage method allow creating records on the right
to values (assets) in the ledger. This is a necessary procedure in the
process of creating a digital asset, which, in turn, requires recording
information about the assessment (audit) and other data of the owner
of the digitized value in the ledger, including his/her property right to
a value. To understand the nature of a digital asset, it is important to
take into account the mandatory conditions: the possibility of
confirming that a digital asset belongs to a particular entity, as well as
the absence of any means of creating a copy of the same digital asset,
including by duplicating its unique identifier. Such conditions can
only be provided by the distributed ledger technology, which allows
guaranteeing the uniqueness of digital asset identifiers and assigning
specific identifiers to specific objects.
Thus, it can be concluded that the ability to circulate in the
distributed ledger for a digital asset is one of the determining ones.
Therefore, the distributed ledger as an information storage system is
the only possible environment for the existence and circulation of
20
digital assets, which are the numerical expression of the rights and
obligations of the owner of the real asset in the space of the distributed
ledger.
Value component in the context of the definition of the term
“digital asset” is represented in the field of tangible and intangible
assets by the “value” component.
Value is relative worth, utility, or importance, which can also
be expressed by different measurement units depending on the area of
practical use of such a value and the ecosystem in which such a value
exists.
The phrase “derivative of the right to a value” is used in the
definition of the term “digital asset”, since, in essence, digital asset is
a kind of a guaranteed right to claim a certain value inherent in this
digital asset. In other words, a digital asset serves as a digital display
of value. Thus, it is the “value” component that is used in the definition
of “digital asset”, since it conveys most widely and comprehensively
the meaning laid down in the definition.
You can read the full text of the paper: Kud A. A. Substantiation
of the Term “Digital Asset”: Economic and Legal Aspects.
International Journal of Education and Science. 2019. Vol. 2. No. 1.
P. 41–52. doi: 10.26697/ijes.2019.1.06. http://culturehealth.org/ijes_
archive/IJES,Vol.2,No1,2019_(6).pdf.
After the theoretical substantiation of the term “digital asset”, it
is extremely important for practice to determine the criteria and
characteristics of a blockchain token as a digital asset.
21
1.4. Characteristics of the Criteria and Indicators of a
Blockchain Token’s Correspondence to a Digital Asset
In the scientific literature and in articles of information and
analytical nature, you can find a lot of publications that highlight the
advantages of a particular type of cryptocurrency based on certain
characteristics. These publications are quite different in purpose and
content, but they have one thing in common: such publications are
often dedicated to the consideration and popularization of a specific
cryptocurrency. At the same time, the criteria and indicators that
should form the basis of the complex characteristics of a blockchain
token are not given.
We have analyzed numerous scientific publications and made
the following conclusion on their basis: the main problem in the
theoretical and practical field is that the industry of information
technology and economy is developing rapidly, and therefore, the
proposed criteria for determining the characteristics of a blockchain
token should be unified and justified in accordance with existing
international economic and legal standards.
It is obvious that in the absence of criteria (a complex or a
system of criteria) it is impossible to assess an object, identify
problems, determine the degree of its perfection, predict further
development, etc.
Considering this, in order to determine the criteria for a
blockchain token as a digital asset, it is necessary to establish the most
significant features that will allow characterizing the indicators to
determine whether a certain object corresponds to a digital asset.
The conducted research allowed us to determine the criteria for
the optimal characterization of a blockchain token as a digital asset.
The optimality is based on a typology of criteria: global – local;
external – internal; maximizing result – minimizing costs.
A multi-criteria analysis of the mentioned above complex of
definitions and optimal choice of criteria allowed us to solve the
problem of determining the criteria and characteristics of a blockchain
token as a digital asset.
22
The methodology for diagnosing whether a blockchain token
corresponds to a digital asset is based on the principle of equivalence
of categories.
The use of a blockchain token is determined by the need to
observe the mandatory compliance of its characteristics with
fundamental and exhaustive categories for a digital asset in the
economic and legal aspects, which correspond to the components that
produce the definition of a digital asset.
It should be noted that, according to the principle of equivalence
of categories, they are all equal in importance for an objective
determination of the correspondence of a blockchain token to a digital
asset. This means that if a blockchain token does not correspond to at
least one of the categories, then such a blockchain token cannot be
considered as a digital asset.
These categories include the following:
1. Definition of a digital asset as an information resource;
2. Determination of the nature of the digital asset as a derivative
of the right to a value;
3. Circulation of a digital asset in the distributed ledger;
4. Circulation of a digital asset in the form of a unique identifier.
The principle of equivalence of categories is established by:
1) determining a list of criteria that are sufficient for diagnosing
a blockchain token for correspondence to a digital asset;
2) sufficiency of the criteria due to the differentiation of 9
digital asset criteria into four categories depending on the ratio of the
criteria to the categories of a digital asset:
1st category: criteria No. 1; 2; 3; 4;
2nd category: criteria No. 5; 6;
3rd category: criteria No. 7; 8;
4th category: criterion No. 9;
3) two questions correspond to each criterion, the answers to
these questions allow determining whether a blockchain token has an
indicator, which in turn, allows determining whether certain
characteristics of a blockchain token correspond to this criterion;
4) assignment of criteria of equal importance to each of the
categories.
23
Thus, the degree of compliance of the characteristics of a
blockchain token with each category is a necessary condition for
determining the degree of correspondence of a blockchain token to a
digital asset.
Let us consider the criteria in detail.
1. Uniqueness. This criterion indicates the uniqueness of a
blockchain token and is characterized by the following indicator: the
existence of a document that records the issue date of a blockchain
token and determines the number of a blockchain token.
2. Identifiability. This criterion points out the creator of the
document and is characterized by the following indicators: the
existence of an indication of а blockchain token’s creator in the
document; the ability to confirm the legal claim of the creator of a
blockchain token in relation to a value.
3. Regulability. This criterion indicates that the process for
implementing legal claim with respect to a blockchain token is
regulated and is characterized by the following indicator: the existence
of a document that establishes the rules and conditions for using a
blockchain token.
4. Sessionality. This criterion is determined by the period
during which a blockchain token exists and is characterized by the
following indicator: the existence of a document that sets the
circulation period of a blockchain token and determines an event that
affects the validity of the blockchain token.
5. Derivativeness. This criterion indicates the nature of a
blockchain token derivative of the right to a value and is revealed
through the following indicator: whether a blockchain token provides
its holder with access to the complex of rights and obligations of the
owner of value; whether a blockchain token provides its owner with
the right to demand the fulfillment of a set of rights and obligations.
6. Verifiability. This criterion indicates the existence of reliable
evidence of the owner’s property rights to the value and is
characterized by the following indicators: the existence of a document
that contains information that reliably indicates the owner’s property
right to the value, from which the blockchain token derives; the
existence of a document that contains reliable information about the
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scope of the rights of the value’s owner and third parties to the value,
from which the blockchain token derives.
7. Transparency. This criterion indicates the possibility of
analyzing the history of transactions with a blockchain token based on
existing accounting methods and is characterized by the following
indicators: whether information on the parties to the transaction is
displayed in the history of transactions with a blockchain token;
transaction accounting is based on previous transactions (UTXO) or
on the balance accounting of a blockchain token.
8. Decentralization. This criterion indicates the independence
of the environment, in which the blockchain token circulates, from
centralized decision-making and is characterized by the following
indicators: the existence of documented mechanisms for management
and development of the blockchain token circulation environment by
the community; maintenance of the infrastructure of the blockchain
token circulation environment by the community.
9. Accountability. This criterion indicates the recording of the
transfer of a certain number of blockchain tokens from one identified
party to another and is characterized by the following indicators: the
ability to account the transfer of the number of blockchain tokens
between identified parties in a transaction; the ability to record the
actions of the parties through a transaction identifier.
It should be noted that today the given number of criteria is
optimal and sufficient to obtain reliable indicators for determining the
characteristics of a blockchain token as a digital asset in order to
comply with existing international legal standards.
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SECTION 2
ORGANIZING AND CONDUCTING THE RESEARCH OF
CHARACTERISTICS OF A BLOCKCHAIN TOKEN
2.1. Research of Characteristics of a Blockchain Token
Blockchain tokens can be studied using various methods: from
a simple observation of its exchange value to complex mathematical
calculations and construction of theoretical models.
The research of characteristics of any blockchain token implies
the use of a special questionnaire developed by us, which does not
require extensive knowledge in the field of information and/or digital
economy and can be completed both individually and collectively. To
conduct the research, the respondent needs to fill in a special form with
a list of questions. After completing the research, i.e. after filling in all
the required fields, the respondent gets an opportunity to analyze the
obtained results using Table 2.
The questionnaire has been developed according to specific
criteria and indicators of a blockchain token, it contains 18 questions,
the answers to which allow specifying the characteristics of a
blockchain token. The respondent must choose only one out of three
answers (A, B, C), which are graded in accordance with the scale in
Table 2.
The information gathered using this methodology allows
determining how much a blockchain token corresponds to a digital
asset and also characterizing a blockchain token as:
- unique/non-unique;
- identifiable/non-identifiable;
- regulated/non-regulated;
- sessional/non-sessional;
- derivative/non-derivative;
- verifiable/non-verifiable;
- transparent/non-transparent;
- decentralized/centralized;
- accountable/non-accountable.
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In order to get the most precise results, the questions are
arranged in a way that they specify every criterion twice. The analysis
of the correspondence of answers to each criterion allows gathering
information about the randomness of answers and/or mistakes.
QUESTIONNAIRE
Instruction: “You have an opportunity to diagnose a
blockchain token (hereinafter referred to as “BT”). In order to do that,
you need to answer 18 questions, which characterize it. In a special
form, fill in the information about yourself and answer every question
by choosing one of the proposed answers: А – Yes; B – Don’t know;
C – No.
Write the selected answer next to each question in a special
column made for that purpose. There is no time limit for answering”.
_________ __________________ _____________________
Date Surname and initials Higher education degree
________________________ _________________________
Specialty Work experience (years)
Table 2
Questions for Testing the Characteristics of a Blockchain Token
No.
Question
Answer
1.
Is there a document that registers the issue date
of the BT?
2.
Is the creator of the BT specified directly in the
document?
3.
Is there a document that establishes the terms of
using the BT?
4.
Is there a document that sets the BT’s
circulation period?
5.
Does the BT provide its owner with access to a
set of rights and obligations of the value’s
owner?