Legal Relations with Digital Money in the Russian Federation

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Abstract

The purpose of the study. The article is devoted to topical issues of legal relations with digital money that exist in the Russian Federation today. The history of digitalization of legal relations is connected with the digitalization of the economy, which forced the actualization of existing civil legal relations in accordance with digital realities. The purpose of the study is to analyze the current regulation of legal relations with digital money in Russian legislation.

Conclusions. As a result of the conducted research, it was concluded that digital money differs from all previously used types of money – traditional and electronic, therefore, being objects of legal relations, they require changes in them, starting from the theoretical base in the form of developing a unified approach to the definition of digital money, to creating a single list of their key features, and ending with the analysis of judicial practice and the creation of uniform recommendations for courts in cases related to digital money.

Digital money and legal relations, which have been digitalized following the popularization of digital money, have become a response to modern realities, which cannot be imagined without reference to widespread digitalization. Digital money has become a new object of legal relations, a new boon.

The relevance of the topic is due to the fact that digital money and digital legal relations are quite new phenomena for Russian practice, therefore, the issues of their regulation are only being worked out. There are still gaps in legislation, lack of unity in judicial practice, etc.

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About the authors

Aleksandr A. Komlev

International Law Institute

Author for correspondence.
Email: komlevalexander@gmail.com

postgraduate student, Department of Civil Law and Procedure

Russian Federation, Moscow

References

  1. Federal Law "On the National Payment System" No. 161-FZ as amended on 07/24/2023 [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_115625/ (date of request: 12/29/2023).
  2. Federal Law "On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation" No. 259-FZ as amended on 07/14/2022 [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_358753/ (date of request: 12/19/2023).
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  4. Glossary of terms used in payment and Settlement systems (approved by the Committee on Payment and Settlement Systems of the Bank for International Settlements, March 2003) [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_123166/ (date of request: 12/20/2023).
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  7. Maksurov A.A. Legal regulation of cryptocurrency circulation abroad // Bulletin of the VSU. Series: Law. – 2018. – No. 3. – Pp. 287-296.
  8. Plekhova Yu.O. Digital money as a factor in the development of an innovative economy / Yu.O. Plekhova, M.S. Aldabaeva, Ya.V. Batsyna // StudNet. – 2020. – No.8. – Pp. 313-325.

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