The Law on Digital Financial Assets as a Modern Mechanism for Achieving a Balance of Private and Public Interests

Abstract

Relevance. The use of new mechanisms for fixing property rights (on the example of the phenomenon of "digital financial assets") allows not only to ensure the satisfaction of private interests, but also contributes to the efficiency of attracting investments into the national economy; the digital form of fixing property rights acts as a certain means of achieving a balance of private and public interests, characterized by the use of new legal structures, subject to comprehensive research.The purpose of the study is to clarify the place of digital technologies (using the example of digital financial assets) in ensuring a balance of private and public interests. Objectives: to identify the essence of the category "balance of private and public interests"; to determine the place of the construction of "digital financial assets" in ensuring the proper level of consistency of private and public interests.Methodology. When writing the work, methods of analysis and synthesis, the system method, the dogmaticlegal method and the method of interpretation of the norms of law were used.Results. The authors argue that the essence of the balance of private and public interests at the present stage of the development of Russian society should be considered not only to ensure the free disposal of individuals with their property and abilities, but also to provide them with confidence in the effectiveness of the requirements imposed on the state in compliance with its own Basic Law – the Constitution to prevent the arbitrariness of public authorities. The authors formulate proposals to improve the turnover of property rights recorded in digital form by the design of digital financial assets.Conclusions. Digital financial assets are a promising investment financial instrument that allows meeting the needs of individuals in preserving and incrementing their property, which contributes to the efficiency of attracting investments into the national economy and ensuring a balance of private and public interests.