DIGITAL ASSETS AS AN OBJECT OF FINANCIAL LEGAL RELATIONS

In Russia and abroad, intensive legislative measures are being taken in relation to digital objects in order to regulate them from the financial and legal standpoints, and in order to determine their place in national legal systems. The article reveals the issues that are cornerstone for any approach to the analysis of legal institutions that regulate modern law: What is defined as a digital financial asset (more broadly - a digital asset) in modern legal systems? What are the key issues of legal regulation of such assets that the legislator is currently facing in Russia and the world? The analysis of laws and bills revealed the conceptual contradictions contained in them. The authors, using Russian and foreign sources, carried out a general analysis of the basic concepts of legal regulation of digital financial assets. As a result, significant differences were revealed in the approaches of various legislators in Russia and a number of other countries, and their analysis and comparison were carried out. The authors conclude that Russia has not yet defined a clear State financial policy and has not created a legal mechanism for State regulation of digital assets and digital financial assets. The novelty of the article is to justify the need for legislative introduction of a comprehensive concept of digital financial assets using the example of foreign legislation. A legislative consolidation of the concept of digital assets, which includes the concept of digital financial assets (cryptocurrencies, tokens) as one of the varieties, but which also opens up the possibility of legal regulation of other types of digital assets (for example, domain names, virtual values in online games) that currently exist or may appear in the near future was scientifically substantiated and proposed. The practical significance of the work lies in the formulation of recommendations when developing legislative proposals for introducing the concept of «digital financial asset» into the legislation.

cryptocurrency, tokens, financial control, digital asset, digital financial asset