When searching and systematizing educational programs in digital law and FinTech Law, it reviewed the literature on the research topic and the comparative method. Organizing national strategies for the digitalization of the economy used a formal legal process. It is also a platform where companies use new financial technologies and solutions to compete with traditional financial institutions for the hearts and funds of customers. Most often, these are tech startups and companies that improve their services with the help of fintech tools.
When formulating the author’s concept of the system of financial law, the place of the legal institution FinTech Law in this system, systematic and integrated approaches were used. A competency-based approach was used when formulating methodological proposals for integrating legal, financial, and digital literacy.
The History of FINTECH
It first embodied the idea of fintech in the form of the Diners Club credit card payment system in the 1960s. It was focused on paying for entertainment and travel and appeared because one of its founders, Frank McNamara, one day did not have enough money to pay for a dinner at a New York restaurant. Then came the first bank credit card. In the 60s and 70s, self-service points at gas stations, supermarkets, and public transport created the environment for the emergence of ATMs. In the 80s, the first electronic trading appeared. In the 90s, big data took its first steps, and Peter Knight, in his article for the Sunday Times, mentions the word fintech for the first time. To them, he described the bot that made changes to his email.
- Personal Finance – mobile and desktop applications from startups that help users manage their finances, analyze costs, and receive forecasts of future expenses through detailed reports.
- Lending – is one of the most popular directions, based on the possibility of borrowing without the participation of banks. Startups work based on distributed registries and help lenders and borrowers from the consumer and business sectors cooperate profitably.
- Money transfers – startups in this area allow users to transfer money without the participation of banks. They use mobile platforms and simple authentication in their work.
- Cryptocurrencies are digital currencies that work automatically without a central payment system and are mined by miners using robust computing systems. Many startups, exchanges, exchangers, and investment platforms are built on cryptocurrency, and millions of dollars are capitalized on them, but financial experts cannot see the future of this industry.
- Blockchain is a technology for distributed data registries. Each participant in its chain is a server for itself, confirming the legitimacy of the operations of other users. The technology is distinguished by its reliability; the Bitcoin cryptocurrency is built on it. This technology has spawned many solutions and startups. For example, it is used for smart contracts, copyright proof, biometric security, trade and deal-making, energy distribution, and voting.
Main Findings
As a prerequisite for the scientific and educational conceptualization of the FinTech Law Institute, the author substantiates globalization, which manifested itself in the field of Finance, both negatively and positively – through the creation of a new risk-oriented system of international and national financial and legal regulation sensitive to the digital challenges of our time. Based on a review of the scientific and educational experience of conceptualizing the FinTech Law sphere in the US and abroad, the author formulates proposals for the development of the subject and the transformation of the system of financial law, including the allocation of three large formations (sub-branches) in this system in the form of monetary regulation, fiscal law, and the law of financial markets, as well as the complex institute FinTech Law.
The author highlights the problems of the synthesis of legal and financial literacy in the training of lawyers as a prerequisite for the effective digitalization of professional competencies and proposes methodological approaches to forming such a synthesis.
Conclusion
The article formulates conceptual and practical proposals for transforming the system of financial law and improving the methodological foundations for the formation of complex financial and legal literacy of lawyers in the context of globalization and digitalization, substantiating the place of FinTech Law in the professional training system of lawyers.
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