UNNAMED IT METHODS OF ENSURING THE FULFILLMENT OF FOREIGN ECONOMIC CONTRACTUAL OBLIGATIONS IN THE FIELD OF FINANCIAL ACTIVITIES

Abstract

The current stage of development of foreign economic activity is characterized by a deep digital 
transformation of contractual relations, due to the introduction of information and telecommunication 
technologies, automated supply chain management systems, blockchain platforms and smart contracts. 
In these conditions, traditional methods of ensuring the fulfillment of obligations, named in the current legislation, 
are not always able to effectively guarantee the proper fulfillment of foreign economic contracts due to their 
territorial limitations, the complexity of cross-border enforcement and the increase in the speed of commercial 
turnover, which leads to the formation and practical application of new, unnamed in the law means of security, 
based on the use of digital technologies and having an algorithmic nature.
Such tools are of particular importance in the field of international trade, where the fulfillment of contractual 
obligations is increasingly ensured not so much by legal sanctions as by the technical impossibility of their 
violation thanks to automated control mechanisms, blocking of assets, conditional deposit of funds and self
executing program codes.
The article substantiates that the use of unnamed IT methods of ensuring the performance of foreign 
economic contracts entails the transformation of classical ideas about the accessory nature of security 
obligations and the change in the role of jurisdictional coercion, which is gradually being replaced by mechanisms 
of algorithmic inevitability of performance. It is proven that such tools form a new model of preventive protection 
of the rights of the creditor, in which the key value is not further collection, but technically guaranteed compliance 
with the terms of the contract in the digital environment of international commercial turnover.