Analysis of Russian Legislation on Digital Currency from Legalization to Prohibition

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Abstract

The article analyzes the regulation of cryptocurrencies as an object of civil rights in Russia from the beginning of the introduction into the legal field to the prohibition of legal actions. The amendments to the civil code of the Russian Federation were analyzed, federal laws affecting the regulation of digital currency were studied: «On attracting investments using investment platforms and on amendments to certain legislative acts of the Russian Federation» and «On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation», a legal assessment of the project was given draft law on amendments to the federal law «On digital financial assets, digital currency and amendments to certain legislative acts of the Russian Federation». An assessment of the activities of crypto exchanges and miners is given. The issue of using digital currency in order to circumvent sanctions on the banking system of the Russian Federation and making payments was raised. The judicial practice of applying legislation on disputes related to the alienation of digital currency is analyzed. A conclusion has been formed about the use of digital currency in the conditions of sanctions related to the complexity of currency transfers outside Russia.

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About the authors

Sergey N. Luzan

Academy of Labor and Social Relations

Author for correspondence.
Email: lusanuri@gmail.com
SPIN-code: 1700-4862

post-graduate student

Russian Federation, Moscow

References

  1. The Civil Code of the Russian Federation (Part One) of November 30, 1994 No. 51–FZ (as amended. with changes and additions. dated 07.09.2021 No. 12–FZ) // Collection of Legislation of the Russian Federation, 05.12.94 – No. 32 – Article 3301.
  2. Federal Law No. 259-FZ of August 2, 2019 «On Attracting investments using Investment Platforms and on Amendments to Certain Legislative Acts of the Russian Federation» // URL: http://pravo.gov.ru.
  3. Federal Law No. 259-FZ of July 31, 2020 «On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation» // URL: http://pravo.gov.ru.
  4. Federal Law No. 115-FZ of August 7, 2001 «On countering the legalization (laundering) of proceeds from crime and the financing of terrorism» // Collection of Legislation of the Russian Federation. - August 13, 2001 - No. 33 (Part I). - Article 3418.
  5. Federal Law No. 235-FZ of July 13, 2022 «On Amendments to Article 15.25 of the Code of Administrative Offences of the Russian Federation» // URL: http://pravo.gov.ru.
  6. Cassation ruling of the Ninth Cassation Court of General Jurisdiction dated 20.01.2021 No. 88a-824/2021 in case No. 2a-2281/2020.
  7. Arzumanova L. L. The concept and elements of the monetary system: financial and legal aspect // Gaps in Russian legislation. 2012. No.3.
  8. Chervonyuk V. I., Kalininsky I. V. Direct action of the Constitution // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2019. №2.
  9. Davydenko A.V. Analysis of changes in the processes of the market system in the context of globalization for small and medium-sized businesses in the Russian Federation // Business education in the knowledge economy. 2019. №1 (12).
  10. Kim M. S. The civil-legal regime of cryptocurrencies: the ratio of cryptocurrencies and non-cash funds // Issues of Russian Justice. 2022. No. 20.
  11. Kozhedubova V. A., Kovaleva T. V. Cryptocurrencies in Russia: analysis of the legal status, problems of use and prospects of development // Economics and Business: theory and practice. 2022. №4-1.
  12. Cryptocurrency against sanctions [Electronic resource]. – Access mode: https://www.rbc.ru/crypto/news/621cd7ad9a7947809567b255, free. – (accessed 20.02.2023).
  13. Leonov M. V., Glukhova M. N. The evolution of the private cryptocurrency market and the possibilities of monetary policy // Bulletin of the Academy of Knowledge. 2020. №5 (40).
  14. Maksurov A. A. Mining as a legal and informational category // Russian Journal of Economics and Law. 2018. No. 2 (46).
  15. On Amendments to the Federal Law «On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation» [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/237585-8, free. – (accessed 10.02.2023).
  16. Means of money transportation: how the role of cryptocurrencies has changed for Russians in 2022 [Electronic resource]. – Access mode: https://www.forbes.ru/investicii/482864-sredstvo-peredvizenia-deneg-kak-izmenilas-rol-kriptovalut-dla-rossian-v-2022-godu, free. – (accessed 08.02.2023).
  17. The court recovered unjustified enrichment for the sale of bitcoins [Electronic resource]. – Access mode: https://pravo.ru/news/241296 /, free. – (accessed 11.02.2023).
  18. Telyakova A.M. Problematic issues of regulation of cryptocurrency turnover under the legislation of the Russian Federation // E-Scio. 2021. №4 (55).

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