Crafting Balanced Regulations for Decentralized Finance: Comparative Analysis and Policy Recommendations

Makhamadkhujaeva Munisakhon Nematkhujaevna

doi:doi:10.11648/j.ijafrm.20230804.11

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Crafting Balanced Regulations for Decentralized Finance: Comparative Analysis and Policy Recommendations

Makhamadkhujaeva Munisakhon Nematkhujaevna

Published in International Journal of Accounting, Finance and Risk Management (Volume 8, Issue 4)

Received: 18 September 2023 Accepted: 5 October 2023 Published: 14 October 2023

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Abstract

Decentralized finance (DeFi) built on public blockchain technology has introduced groundbreaking financial innovation through disintermediated peer-to-peer transactional architectures. By eliminating centralized intermediaries, DeFi expands access to an open ecosystem of decentralized financial services including lending, trading, derivatives, insurance, savings, asset management, crowdfunding and more. However, DeFi's disruptive nature also introduces significant regulatory challenges worldwide. Most DeFi platforms operate autonomously outside existing policy frameworks crafted around regulated entities in traditional finance. The pseudo-anonymous execution of transactions via non-custodial wallets and smart contracts risks enabling illicit activities like money laundering at unprecedented scale. Furthermore, the complexity of cross-border DeFi structures stresses traditional financial oversight dependent on fragmented national regimes. As innovation continues outpacing governance adaptation, regulators across jurisdictions grapple with crafting balanced oversight solutions without constraining beneficial advancement. This paper undertakes a comparative legal analysis of emerging legislative approaches to governing Decentralized finance (DeFi) across major developed and developing economies. It examines key tensions between DeFi's unique technical architecture and regulations designed around centralized intermediaries. Challenges are identified in combating illicit finance, protecting consumers, ensuring stability and promoting fair competition in the rapidly evolving DeFi ecosystem. The analysis assesses risks including money laundering, investor protection, systemic threats and blockchain immutability. It also reviews regulatory initiatives and debates involving global standard-setters and national authorities in jurisdictions like the United States, European Union, China, Singapore, Switzerland and United Arab Emirates. While most countries remain at early stages of tailored DeFi governance, recommendations are presented on crafting international regulatory strategies and oversight coalitions to harness DeFi’s opportunities while safeguarding public interests. Promising policy directions include regulating activities over entities, proactive developer engagement, leveraging regulatory technologies, incentivizing accountability, enabling pilot programs, and nurturing open-source collaboration. With prudent regulatory modernization centered on multi-stakeholder collaboration and industry consultation, DeFi has the potential to fulfill its promise of expanding financial access, efficiency and resiliency for the benefit of economies and communities worldwide.

Published in	International Journal of Accounting, Finance and Risk Management (Volume 8, Issue 4)
DOI	10.11648/j.ijafrm.20230804.11
Page(s)	89-93
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2023. Published by Science Publishing Group

Keywords

Decentralized Finance, DeFi, Crypto-Assets, Blockchain, Financial Regulation, Governance

References

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[3]	Baum, R. (2022). On the Money Trail: Financial Action Task Force Policy and the Rise of Crypto-Money Laundering. Georgetown Journal of International Affairs, February.
[4]	Blandin, A., Cloots, A. S., Hussain, H., Rauchs, M., Saleuddin, R., Allen, J. G., Zhang, B. Z., & Cloud, K. (2022). Legal perspectives on decentralized finance (DeFi). Cambridge University.
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[8]	Didenko, A., & Buckley, R. P. (2022). RegTech for Regulators: Blockchain, Big Data and Machine Learning for Supervisory Technology. Univ. N. S. Wales LJ, 45, 1234.
[9]	Diver, A. (2022). DeFi Derivatives: On the Emerging Transnational Governance of Decentralized Finance. Stanford Journal of Blockchain Law and Policy, 5 (2).
[10]	EU Parliament (2022). Regulation of Markets in Crypto-assets (MiCA). https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020PC0593
[11]	FCA (2022). Guidance on Cryptoassets. https://www.fca.org.uk/publication/policy/ps19-22.pdf
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[16]	MAS (2022). A Guide to Digital Token Offerings. https://www.mas.gov.sg/-/media/MAS-Media-Library/resource/fintech/A-Guide-to-Digital-Token-Offerings-Last-Updated-on-30-Nov-2021.pdf
[17]	PBOC (2021). Notice on Preventing Risks from Bitcoin and Other Virtual Asset Transactions. http://www.pbc.gov.cn/en/3688110/3688172/4157443/4293696/2021093022085917918.pdf
[18]	Reijers, W., Wuisman, I., Mannan, M., De Filippi, P., Wray, C., Rae, J., Nemitz, P., & Panayi, C. (2022). Now the code runs itself: On-chain and off-chain governance of blockchain technologies. Topoi, 1-11.
[19]	Rohr, J. & Wright, A. (2022). Blockchain-Based Financial Markets in the New Token Economy: Governance and Regulation. Harvard Business Law Review, 12 (1), 221-239.
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[21]	Wyden, R., Lummis, C., Toomey, P. (2021). Wyden, Lummis, Toomey Demand Changes To Crypto Tax Provision In Infrastructure Bill. [online] United States Senator Ron Wyden of Oregon. Available at: https://www.finance.senate.gov/chairmans-news/wyden-lummis-toomey-demand-changes-to-crypto-tax-provision-in-infrastructure-bill
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APA Style

Makhamadkhujaeva Munisakhon Nematkhujaevna. (2023). Crafting Balanced Regulations for Decentralized Finance: Comparative Analysis and Policy Recommendations. International Journal of Accounting, Finance and Risk Management, 8(4), 89-93. https://doi.org/10.11648/j.ijafrm.20230804.11

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ACS Style

Makhamadkhujaeva Munisakhon Nematkhujaevna. Crafting Balanced Regulations for Decentralized Finance: Comparative Analysis and Policy Recommendations. Int. J. Account. Finance Risk Manag. 2023, 8(4), 89-93. doi: 10.11648/j.ijafrm.20230804.11

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AMA Style

Makhamadkhujaeva Munisakhon Nematkhujaevna. Crafting Balanced Regulations for Decentralized Finance: Comparative Analysis and Policy Recommendations. Int J Account Finance Risk Manag. 2023;8(4):89-93. doi: 10.11648/j.ijafrm.20230804.11

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@article{10.11648/j.ijafrm.20230804.11,
  author = {Makhamadkhujaeva Munisakhon Nematkhujaevna},
  title = {Crafting Balanced Regulations for Decentralized Finance: Comparative Analysis and Policy Recommendations},
  journal = {International Journal of Accounting, Finance and Risk Management},
  volume = {8},
  number = {4},
  pages = {89-93},
  doi = {10.11648/j.ijafrm.20230804.11},
  url = {https://doi.org/10.11648/j.ijafrm.20230804.11},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijafrm.20230804.11},
  abstract = {Decentralized finance (DeFi) built on public blockchain technology has introduced groundbreaking financial innovation through disintermediated peer-to-peer transactional architectures. By eliminating centralized intermediaries, DeFi expands access to an open ecosystem of decentralized financial services including lending, trading, derivatives, insurance, savings, asset management, crowdfunding and more. However, DeFi's disruptive nature also introduces significant regulatory challenges worldwide. Most DeFi platforms operate autonomously outside existing policy frameworks crafted around regulated entities in traditional finance. The pseudo-anonymous execution of transactions via non-custodial wallets and smart contracts risks enabling illicit activities like money laundering at unprecedented scale. Furthermore, the complexity of cross-border DeFi structures stresses traditional financial oversight dependent on fragmented national regimes. As innovation continues outpacing governance adaptation, regulators across jurisdictions grapple with crafting balanced oversight solutions without constraining beneficial advancement. This paper undertakes a comparative legal analysis of emerging legislative approaches to governing Decentralized finance (DeFi) across major developed and developing economies. It examines key tensions between DeFi's unique technical architecture and regulations designed around centralized intermediaries. Challenges are identified in combating illicit finance, protecting consumers, ensuring stability and promoting fair competition in the rapidly evolving DeFi ecosystem. The analysis assesses risks including money laundering, investor protection, systemic threats and blockchain immutability. It also reviews regulatory initiatives and debates involving global standard-setters and national authorities in jurisdictions like the United States, European Union, China, Singapore, Switzerland and United Arab Emirates. While most countries remain at early stages of tailored DeFi governance, recommendations are presented on crafting international regulatory strategies and oversight coalitions to harness DeFi’s opportunities while safeguarding public interests. Promising policy directions include regulating activities over entities, proactive developer engagement, leveraging regulatory technologies, incentivizing accountability, enabling pilot programs, and nurturing open-source collaboration. With prudent regulatory modernization centered on multi-stakeholder collaboration and industry consultation, DeFi has the potential to fulfill its promise of expanding financial access, efficiency and resiliency for the benefit of economies and communities worldwide.},
 year = {2023}
}

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TY  - JOUR
T1  - Crafting Balanced Regulations for Decentralized Finance: Comparative Analysis and Policy Recommendations
AU  - Makhamadkhujaeva Munisakhon Nematkhujaevna
Y1  - 2023/10/14
PY  - 2023
N1  - https://doi.org/10.11648/j.ijafrm.20230804.11
DO  - 10.11648/j.ijafrm.20230804.11
T2  - International Journal of Accounting, Finance and Risk Management
JF  - International Journal of Accounting, Finance and Risk Management
JO  - International Journal of Accounting, Finance and Risk Management
SP  - 89
EP  - 93
PB  - Science Publishing Group
SN  - 2578-9376
UR  - https://doi.org/10.11648/j.ijafrm.20230804.11
AB  - Decentralized finance (DeFi) built on public blockchain technology has introduced groundbreaking financial innovation through disintermediated peer-to-peer transactional architectures. By eliminating centralized intermediaries, DeFi expands access to an open ecosystem of decentralized financial services including lending, trading, derivatives, insurance, savings, asset management, crowdfunding and more. However, DeFi's disruptive nature also introduces significant regulatory challenges worldwide. Most DeFi platforms operate autonomously outside existing policy frameworks crafted around regulated entities in traditional finance. The pseudo-anonymous execution of transactions via non-custodial wallets and smart contracts risks enabling illicit activities like money laundering at unprecedented scale. Furthermore, the complexity of cross-border DeFi structures stresses traditional financial oversight dependent on fragmented national regimes. As innovation continues outpacing governance adaptation, regulators across jurisdictions grapple with crafting balanced oversight solutions without constraining beneficial advancement. This paper undertakes a comparative legal analysis of emerging legislative approaches to governing Decentralized finance (DeFi) across major developed and developing economies. It examines key tensions between DeFi's unique technical architecture and regulations designed around centralized intermediaries. Challenges are identified in combating illicit finance, protecting consumers, ensuring stability and promoting fair competition in the rapidly evolving DeFi ecosystem. The analysis assesses risks including money laundering, investor protection, systemic threats and blockchain immutability. It also reviews regulatory initiatives and debates involving global standard-setters and national authorities in jurisdictions like the United States, European Union, China, Singapore, Switzerland and United Arab Emirates. While most countries remain at early stages of tailored DeFi governance, recommendations are presented on crafting international regulatory strategies and oversight coalitions to harness DeFi’s opportunities while safeguarding public interests. Promising policy directions include regulating activities over entities, proactive developer engagement, leveraging regulatory technologies, incentivizing accountability, enabling pilot programs, and nurturing open-source collaboration. With prudent regulatory modernization centered on multi-stakeholder collaboration and industry consultation, DeFi has the potential to fulfill its promise of expanding financial access, efficiency and resiliency for the benefit of economies and communities worldwide.
VL  - 8
IS  - 4
ER  -

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Author Information

Makhamadkhujaeva Munisakhon Nematkhujaevna

Private International Law Department, Tashkent State University of Law, Tashkent, Uzbekistan

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APA Style

Makhamadkhujaeva Munisakhon Nematkhujaevna. (2023). Crafting Balanced Regulations for Decentralized Finance: Comparative Analysis and Policy Recommendations. International Journal of Accounting, Finance and Risk Management, 8(4), 89-93. https://doi.org/10.11648/j.ijafrm.20230804.11

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ACS Style

Makhamadkhujaeva Munisakhon Nematkhujaevna. Crafting Balanced Regulations for Decentralized Finance: Comparative Analysis and Policy Recommendations. Int. J. Account. Finance Risk Manag. 2023, 8(4), 89-93. doi: 10.11648/j.ijafrm.20230804.11

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AMA Style

Makhamadkhujaeva Munisakhon Nematkhujaevna. Crafting Balanced Regulations for Decentralized Finance: Comparative Analysis and Policy Recommendations. Int J Account Finance Risk Manag. 2023;8(4):89-93. doi: 10.11648/j.ijafrm.20230804.11

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@article{10.11648/j.ijafrm.20230804.11,
  author = {Makhamadkhujaeva Munisakhon Nematkhujaevna},
  title = {Crafting Balanced Regulations for Decentralized Finance: Comparative Analysis and Policy Recommendations},
  journal = {International Journal of Accounting, Finance and Risk Management},
  volume = {8},
  number = {4},
  pages = {89-93},
  doi = {10.11648/j.ijafrm.20230804.11},
  url = {https://doi.org/10.11648/j.ijafrm.20230804.11},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijafrm.20230804.11},
  abstract = {Decentralized finance (DeFi) built on public blockchain technology has introduced groundbreaking financial innovation through disintermediated peer-to-peer transactional architectures. By eliminating centralized intermediaries, DeFi expands access to an open ecosystem of decentralized financial services including lending, trading, derivatives, insurance, savings, asset management, crowdfunding and more. However, DeFi's disruptive nature also introduces significant regulatory challenges worldwide. Most DeFi platforms operate autonomously outside existing policy frameworks crafted around regulated entities in traditional finance. The pseudo-anonymous execution of transactions via non-custodial wallets and smart contracts risks enabling illicit activities like money laundering at unprecedented scale. Furthermore, the complexity of cross-border DeFi structures stresses traditional financial oversight dependent on fragmented national regimes. As innovation continues outpacing governance adaptation, regulators across jurisdictions grapple with crafting balanced oversight solutions without constraining beneficial advancement. This paper undertakes a comparative legal analysis of emerging legislative approaches to governing Decentralized finance (DeFi) across major developed and developing economies. It examines key tensions between DeFi's unique technical architecture and regulations designed around centralized intermediaries. Challenges are identified in combating illicit finance, protecting consumers, ensuring stability and promoting fair competition in the rapidly evolving DeFi ecosystem. The analysis assesses risks including money laundering, investor protection, systemic threats and blockchain immutability. It also reviews regulatory initiatives and debates involving global standard-setters and national authorities in jurisdictions like the United States, European Union, China, Singapore, Switzerland and United Arab Emirates. While most countries remain at early stages of tailored DeFi governance, recommendations are presented on crafting international regulatory strategies and oversight coalitions to harness DeFi’s opportunities while safeguarding public interests. Promising policy directions include regulating activities over entities, proactive developer engagement, leveraging regulatory technologies, incentivizing accountability, enabling pilot programs, and nurturing open-source collaboration. With prudent regulatory modernization centered on multi-stakeholder collaboration and industry consultation, DeFi has the potential to fulfill its promise of expanding financial access, efficiency and resiliency for the benefit of economies and communities worldwide.},
 year = {2023}
}

Copy | Download

TY  - JOUR
T1  - Crafting Balanced Regulations for Decentralized Finance: Comparative Analysis and Policy Recommendations
AU  - Makhamadkhujaeva Munisakhon Nematkhujaevna
Y1  - 2023/10/14
PY  - 2023
N1  - https://doi.org/10.11648/j.ijafrm.20230804.11
DO  - 10.11648/j.ijafrm.20230804.11
T2  - International Journal of Accounting, Finance and Risk Management
JF  - International Journal of Accounting, Finance and Risk Management
JO  - International Journal of Accounting, Finance and Risk Management
SP  - 89
EP  - 93
PB  - Science Publishing Group
SN  - 2578-9376
UR  - https://doi.org/10.11648/j.ijafrm.20230804.11
AB  - Decentralized finance (DeFi) built on public blockchain technology has introduced groundbreaking financial innovation through disintermediated peer-to-peer transactional architectures. By eliminating centralized intermediaries, DeFi expands access to an open ecosystem of decentralized financial services including lending, trading, derivatives, insurance, savings, asset management, crowdfunding and more. However, DeFi's disruptive nature also introduces significant regulatory challenges worldwide. Most DeFi platforms operate autonomously outside existing policy frameworks crafted around regulated entities in traditional finance. The pseudo-anonymous execution of transactions via non-custodial wallets and smart contracts risks enabling illicit activities like money laundering at unprecedented scale. Furthermore, the complexity of cross-border DeFi structures stresses traditional financial oversight dependent on fragmented national regimes. As innovation continues outpacing governance adaptation, regulators across jurisdictions grapple with crafting balanced oversight solutions without constraining beneficial advancement. This paper undertakes a comparative legal analysis of emerging legislative approaches to governing Decentralized finance (DeFi) across major developed and developing economies. It examines key tensions between DeFi's unique technical architecture and regulations designed around centralized intermediaries. Challenges are identified in combating illicit finance, protecting consumers, ensuring stability and promoting fair competition in the rapidly evolving DeFi ecosystem. The analysis assesses risks including money laundering, investor protection, systemic threats and blockchain immutability. It also reviews regulatory initiatives and debates involving global standard-setters and national authorities in jurisdictions like the United States, European Union, China, Singapore, Switzerland and United Arab Emirates. While most countries remain at early stages of tailored DeFi governance, recommendations are presented on crafting international regulatory strategies and oversight coalitions to harness DeFi’s opportunities while safeguarding public interests. Promising policy directions include regulating activities over entities, proactive developer engagement, leveraging regulatory technologies, incentivizing accountability, enabling pilot programs, and nurturing open-source collaboration. With prudent regulatory modernization centered on multi-stakeholder collaboration and industry consultation, DeFi has the potential to fulfill its promise of expanding financial access, efficiency and resiliency for the benefit of economies and communities worldwide.
VL  - 8
IS  - 4
ER  -

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