This article is devoted to the analysis of issues regarding the problems and prospects of legal regulation of digital economy in a modern state. It is noted that in the current legal system of the Russian Federation relations related to the development of digital processes are not regulated in a comprehensive and systematic manner. In particular, at both the legislative and by-law levels, such institutions of the digital economy as "block chain," crypto currency" , "startup," "smart-contact", "ICO" (primary placement of obligations in the market of crypto currency) and some others are still not properly regulated. Within the framework of this work, the authors have attempted to define the peculiarities of the legal regulation of the digital economy in Russia and in the world, to highlight some discussion and problematic points on this problem and to express their own position for their solution. At the end of the study, the authors ?propose how to use foreign positive experience in this direction and determine ?the directions of its refraction in the Russian legal system.