To the issues of legal regulation of nft-tokens as virtual benefits

Abstract

Introduction. This scientific article dedicated to certain aspects of such virtual benefits/assets as the NFT token (non-fungible token) and place of them in the obligations relationship. The legal framework and legal practice regarding non- non-fungible token is currently absent, which is a characteristic situation not only for domestic jurisprudence, but also for the world. In view of the above, there is a need to investigate the nature of this phenomenon.

Summary. The article analyzes the proposed legislative definition of "virtual asset" in relation to the NFT token. The study of individual features of this phenomenon makes it necessary to turn to its displayed technical characteristics at the current stage. Yes, it is determined that the NFT token performs an authentication function and cannot exist independently without its attachment to another object of civil rights. Without such a combination, exclusively as a code (a set of signs), the token cannot be regarded as an intangible (virtual) benefits, since the token certifies a subjective right to another object of civil rights, and therefore should be considered precisely as an asset (benefits), which has a providing nature. Attention is focused on the fact that one of the main problems of legal uncertainty in this category is the question of what exactly individuals acquire when buying an NFT token, since in fact the token is usually associated with another object, which gives it a real value. The relationship between the non-fungible token and the start-contract was analyzed and the possible legal consequences of their interaction determined.

Conclusions. Non-fungible tokens exist in a decentralized system and are closely related to the smart contract already at the stage of their creation, therefore, provided there are no imperative requirements from the law, the latter can be considered as a type of civil law contract, which, in turn, due to constant interaction the connection between them makes it possible to single out certain features of the binding nature of this phenomenon.