Limits of Financial and Legal Regulation of Certain Types of Digital Relations

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Abstract

The purpose of the study. The needs associated with the implementation of various kinds of transactions, the formation of a system of continuous earnings and passive income, the manifestation of personal qualities on the Internet are continuously being formed in society. Technologies determine the processes of transformation of monetary relations. The exchange of goods, works and services is increasingly taking place in the virtual space, which leads to the need for a state response to such processes and the adoption of existing legal norms, the introduction of various settlement tools, the formation of a digital financial ecosystem. Any innovations accompanied by legal tools cannot manifest themselves in an absolutely free form. For effective management, the state is forced to establish various frameworks in which the participants of various public relations are supposed to carry out activities, including financial relations of an innovative type. The article analyzes the issues of circulation of digital currency and digital financial assets. The author conducts a comparative analysis of the concepts of digital currency and national digital currency (in particular, the digital ruble), concluding about their significant differences. The signs of digital currency and digital financial assets are investigated. Attention is paid to changes in legislation that are somehow related to digital currency and digital financial assets. The article also conducts research on the limits of legal regulation of relations related to the issuance and circulation of digital currency, digital financial assets. Conclusions. The author notes that the distinctions in the conceptual apparatus of digital economic relations are becoming increasingly valuable in the formulation of legislative provisions. At the same time, the paper emphasizes that it is necessary to establish a clear division of powers of the Bank of Russia with government authorities implementing programs to optimize digital infrastructure, introduce new innovative elements into socio-economic relations, as well as law enforcement agencies tasked with protecting public interests and preventing illegal circulation of digital currencies and digital financial assets in the for selfish purposes of an illegal nature.

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About the authors

Anna V. Savina

Tambov State University named after G.R. Derzhavin

Author for correspondence.
Email: anna.savina56@mail.ru

Cand.Sci.(Law), Associate Professor of the Department of Civil Law

Russian Federation, Tambov

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