Legal Explanations

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Legal Status of Gifts in DP Smart

The DP Smart Community is a decentralized association of people who voluntarily and gratuitously transfer digital assets (USDT) to each other in the form of gifts. Each gift is an act of free will by a member.

Key Characteristics of a Gift

Characteristic	Description
Gratuitousness	The gift is transferred without any reciprocal obligation. The Giver receives nothing in return from the Recipient and cannot demand a refund.
Voluntariness	The decision to send a gift is made exclusively by the member themselves. No one can force anyone to send a gift.
Irrevocability	After confirmation of a transaction on the blockchain, the gift cannot be canceled or returned. This is a property of blockchain, not a limitation of the Community.
Direct Transfer	The gift is sent directly from the Giver to the Recipient. Funds do not pass through intermediaries, administration, or a common fund.
No Guarantees	Sending a gift does not guarantee receiving gifts in the future. No one in the Community can make such promises.

What a Member Confirms Before Sending a Gift

Before each gift is sent, the member confirms the following in the bot:

✓	The gift is sent voluntarily and gratuitously
✓	The funds are not borrowed or the last in the budget
✓	Sending does not guarantee receiving gifts from other members
✓	The gift is irrevocable — it cannot be canceled after sending

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Status of USDT and the TON Blockchain

Gifts in the DP Smart Community are transferred in USDT (Tether) — a stablecoin pegged to the US dollar. Transactions are carried out on the TON (The Open Network) blockchain.

What is USDT

Parameter	Value
Asset Type	Stablecoin — a cryptocurrency with a stable exchange rate
Peg	1 USDT ≈ 1 US dollar
Issuer	Tether Limited
Blockchain	TON (The Open Network) — fast and cheap transactions
Advantage	Unlike bank transfers, USDT can be sent without borders, instantly, and with minimal fees

Legal Status of Digital Assets

The legal status of cryptocurrencies varies by country. Below is a general overview:

Jurisdiction	Status
Russia	Digital currency is recognized as property (Federal Law No. 259 "On Digital Financial Assets"). Circulation is permitted with restrictions: it cannot be used as a means of payment for goods and services on the territory of the Russian Federation, but ownership and transfer between individuals is not prohibited.
CIS Countries	Regulation varies. In Belarus, cryptocurrencies are legalized through the HTP. In Kazakhstan, AIFC operates with a separate regime. In Uzbekistan, circulation is permitted through licensed platforms.
EU	Since 2024, the MiCA (Markets in Crypto-Assets) regulation has been in effect, creating a unified legal framework for digital assets. Ownership and transfer of cryptocurrencies between individuals is permitted.
International Level	In the vast majority of countries, owning cryptocurrencies is legal. Restrictions typically apply to commercial activities (exchanges, exchangers), not the transfer of assets between private individuals.

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Principles of Interaction in the Community

The DP Smart Community is built on principles that exclude commercial activity, investment schemes, and financial obligations between members.

Fundamental Principles

1	All gifts are transferred exclusively between members The Community does not accumulate, store, or distribute members' funds. Each gift goes directly — from the Giver's wallet to the Recipient's wallet.
2	No investments, no income, no interest It is impossible to "invest" funds in the Community with the aim of generating income. There are no interest rates, no guaranteed payments, no promises of profit.
3	Voluntary participation Each member independently makes the decision to join, send gifts, and leave the Community. Coercion in any form is prohibited.
4	Peer-to-peer system All members are equal. There are no privileged levels, no "head" account, no leadership receiving income from the activities of others.
5	Transparent infrastructure fee The smart contract withholds a fixed technical fee, which is directed to the maintenance and development of the Community infrastructure (servers, bot, development). The fee amount depends on the Board level, is publicly known, and is the same for all members. In addition, a minimal network fee of the TON blockchain is charged for each transaction.
6	Developers are equal members The creators of the bot have no privileges over other members and do not profit from gifts. They participate in the Community on the same terms.

What is NOT in the DP Smart Community

❌ NOT in DP Smart • Centralized fund or "cash register" • Investment or commercial activity • Guarantees of profitability or speed of receiving gifts • Income from inviting new members • Multi-level hierarchy and pyramid structure • Third-party control over members' funds • Collection of personal data (except Telegram username/ID and wallet address)

✅ IN DP Smart • Direct transfer of gifts between wallets • Voluntary gratuitous interaction • Transparent algorithm for movement through Boards • Equal conditions for all members • Full member control over their wallet • Open source smart contracts • Bot as an accounting tool, not fund management • Transparent fixed infrastructure fee

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Absence of Financial Pyramid Characteristics

One of the most frequently asked questions by members is how the DP Smart Community differs from a financial pyramid. Let's examine this in detail by comparing the generally recognized characteristics of pyramid schemes with the principles of DP Smart.

Generally Recognized Characteristics of a Financial Pyramid

International regulators (SEC in the USA, Central Bank of Russia, FCA in the UK) identify the following key characteristics of financial pyramids:

№	Pyramid Characteristic	Situation in DP Smart
1	Promise of guaranteed income Members are promised fixed income, interest rates, or "passive earnings".	Absent. The Community explicitly states: sending a gift does not guarantee receiving gifts from others. It is prohibited to promise profitability when inviting new members.
2	Accumulation of funds The organizer collects members' money into a single account and distributes it at their discretion.	Absent. There is no single account or common fund. All gifts go directly from wallet to wallet via blockchain. Every transaction is publicly verifiable.
3	Payments from new members The income of existing members is formed exclusively from contributions of new ones.	Absent. Gifts are not "contributions" or "payments". This is a voluntary gratuitous transfer of assets. There is no link between receiving gifts and the number of invited members.
4	Hierarchical structure Early members receive more than late ones. There are "levels" with different income.	Absent. DP Smart has a peer-to-peer system. There are no privileges for early members. The algorithm for advancement through Boards is the same for everyone and is based on activity and qualification, not registration date.
5	Commissions for recruitment Members receive a percentage of the "contributions" of people they invited.	Absent. There is no income from invitations in the Community. When a new member makes a gift, it is directed to the Recipient on the Board, not to the inviting member.
6	Absence of real product or service The organization does not provide real value, except for the "opportunity to earn".	Not applicable. DP Smart is not positioned as a business and does not sell goods or services. This is a Community of mutual gifting. The bot is an accounting tool for gifts, not a commercial product.
7	Aggressive advertising and pressure The organization actively advertises "success stories", pressures emotions, and creates a sense of urgency.	Absent. Information about the Community is distributed between members. It is prohibited to use the words "earnings", "business", "investments", "income" in the context of the Community.
8	Organizer receives main income The creators of the pyramid enrich themselves at the expense of members' contributions.	Does not correspond. The smart contract includes a fixed technical fee for the development and maintenance of the Community infrastructure. The fee amount is publicly known, the same for all members of a specific Board, and written into the smart contract. This is fundamentally different from pyramids, where founders extract personal profit from members' contributions.

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Role of the Bot and Smart Contract

The DP Smart bot and its associated smart contracts perform a strictly technical function — accounting and routing of gifts in accordance with the Community Rules.

Function	Description
Accounting for positions on Boards	The bot automatically tracks members' positions (Giver, Builder, Creator, Recipient) and movement through Boards.
Connecting members	The algorithm determines to whom and from whom the next gift is directed. Members do not choose each other manually.
Rules control	The bot checks compliance with Rules: activity, qualification, timers. This ensures fairness for everyone.
Transaction routing	The smart contract automatically distributes received funds: part — to the Recipient's wallet, part — to the member's entry to the next Board.

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Legal Grounds for the Community's Existence

DP Smart is not a legal entity, commercial organization, or financial institution. It is a decentralized association of people connected by common Rules of interaction.

Why This is Legal

1	Freedom of contract The principle of freedom of contract is recognized by the legal systems of most countries in the world. Individuals have the right to enter into any transactions that do not contradict the law, including gift agreements.
2	Absence of commercial activity The Community does not provide services, does not sell goods, does not attract investments. Therefore, it does not fall under financial market regulation and does not require licensing.
3	Decentralization Interaction occurs peer-to-peer (from member to member) on the blockchain. There is no central body controlling funds.
4	Blockchain transparency All transactions are recorded on the TON blockchain and are available for verification by anyone. This fundamentally distinguishes DP Smart from schemes where the movement of funds is opaque.
5	Freedom of association The right to freedom of association is enshrined in the Universal Declaration of Human Rights (Art. 20), the constitutions of most countries. People have the right to associate for non-commercial purposes without registering a legal entity.

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Taxation Issues

General Principles

In most legal systems, taxation of gifts depends on several factors: the amount, the relationship between the giver and recipient, and the specific laws of the country.

Jurisdiction	Key Features
Russia	Monetary gifts between individuals are not subject to personal income tax regardless of the amount (clause 18.1 of Article 217 of the Tax Code of the Russian Federation). However, USDT is classified as "digital currency" under Federal Law No. 259, and the tax regime for gifts in cryptocurrency may be interpreted differently. Consultation with a tax specialist is recommended.
Belarus	Until 2025, a special tax regime is in effect in the HTP — cryptocurrency transactions by individuals are not taxed. After 2025 — it is recommended to clarify the current regime.
Kazakhstan	Cryptocurrency transactions are regulated through AIFC. Gifts between individuals do not fall under special regulation, but it is recommended to clarify current rules.
Other Countries	In most countries, gift tax depends on the amount and family ties. Cryptocurrency gifts may require declaration. Check local legislation.

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Member Responsibilities

Each member of the DP Smart Community assumes certain obligations and risks.

Area	Member Responsibility
Legal Compliance	The member independently ensures that participation in the Community and operations with USDT do not violate the legislation of their country.
Taxes	The member independently pays taxes if they are provided for by the legislation of their jurisdiction.
Wallet Security	The member bears full responsibility for storing the seed phrase, device security, and access to the wallet.
Financial Awareness	It is prohibited to send borrowed funds, last money from the budget, or funds whose loss may affect financial well-being as a gift.
Correct Behavior	It is prohibited to position the Community as a business, investment, project, or source of income. It is prohibited to insult or mislead other members.
Risk Awareness	The member understands that the cryptocurrency market is subject to technological risks (network failures, protocol vulnerabilities), and accepts these risks voluntarily.

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Final Conclusions

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Disclaimer. This document has been prepared for informational and reference purposes and reflects the principles of interaction in the DP Smart Community as of the date of publication. It is not legal advice, a public offer, or a legal opinion. The DP Smart Community is not responsible for decisions made by members based on this document. To obtain professional legal advice, it is recommended to consult a qualified specialist in your jurisdiction.

Regulation of digital assets and cryptocurrencies is actively developing around the world. Members are advised to independently monitor changes in the legislation of their country.