The importance of cryptocurrency regulation issues for criminal proceedings

Authors

  • A. L. Aristarkhov University of the Prosecutor's Office Of the Russian Federation

DOI:

https://doi.org/10.17308/law/1995-5502/2024/3/184-190

Keywords:

digital acts, digital currency, currency, cryptocurrency, transactions, property

Abstract

It is analyzes the provisions of the current legislation regulating the use of cryptocurrencies. It is noted that Federal Law No. 259-FZ dated 07/31/2020 «On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation» (hereinafter referred to as Law No. 259) does not provide for this concept. At the same time, cryptocurrency regulation is found in other legislative acts. Taking into account the above in relation to other property specified in Article 128 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), cryptocurrency can be attributed to. As a result of this importance, arguments are made about the need to extend civil law relations to the practice of using cryptocurrency as part of a transaction. It is this approach that can allow the interests of the parties to the transaction to be respected, as well as the application of clarified legislation in criminal proceedings.

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Author Biography

  • A. L. Aristarkhov, University of the Prosecutor's Office Of the Russian Federation

    PhD in Law, Leading Researcher at the Department of Scientific Support for Prosecutorial supervision of the execution of laws in the implementation of operational investigative activities and the participation of the prosecutor in criminal proceedings of the Research Institute

References

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Published

2025-01-14

Issue

Section

Criminal Law. Criminal Process. Criminalistics