Parkhomenko Svetlana Valerievna Mikhailov Ivan Nikolaevich

The article examines the legal nature of the relations that arise when owning digital currencies and cryptocurrency as its variety is studied, as well as the place of various digital currencies in the system of objects of civil rights in Russian and foreign legislation. Within the framework of legal science, a scientific discussion regarding approaches to the legal regulation of the circulation of digital currencies has been explored, developed in the following three main areas: civil law, financial law and criminal law. Taking into account the theoretical and practical aspects of the emerging legal regulation of digital currencies, as well as taking into account the economic and technical features of this institution and its subtypes, the corresponding concept and classification have been formed. Based on the results of the study, conclusions were drawn that during the period from 2014 to the present, the Russian regulator changed the direction of its policy in terms of legalizing the legal status of digital currencies from a prohibitive nature to a neutral one, while to date there have been no systemic decisions or framework regulations such as and was not accepted, as a result of which digital currencies continue to be in the “gray zone,” thereby generating legal uncertainty in the field of enforcement. It is concluded that due to the implementation digital ruble as the digital currency of the Central Bank of Russia, by analogy with foreign jurisdictions, the issue of forming basic civil legislation in Russia will be worked out, which will create a regulatory framework for the institutions under consideration, as well as develop a unified approach in terms of legal assessment and interpretation of legal relations arising in this area.

digital currency, cryptocurrency, digital currencies of central banks, electronic money, private money, object of civil rights, non-cash funds, cash

Parkhomenko Svetlana Valerievna – Doctor of Juridical Sciences, Professor, Professor of the Department of Criminal Law Disciplines, Irkutsk Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation (1, Shevtsov st., Irkutsk, 664035, Russian Federation), ORCID: 0000-0002-0370-3102, RSCI AuthorID: 404880, e-mail: psvet@mail.ru

Mikhailov Ivan Nikolaevich – Postgraduate, Faculty of Law, Russian Presidential Academy of National Economy and Public Administration (82, Vernadsky av., Moscow, 119571, Russian Federation), ORCID: 0009-0004-6555-1388, RSCI AuthorID: 1078875, e-mail: subaruwrx98@gmail.com

Parkhomenko S. V., Mikhailov I. N. Cifrovye valyuty v sisteme elektronnyh deneg: pravovye aspekty (chast' 1) [Digital currencies in the electronic money system: legal aspects (part 1)] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2024, no 2(105), pp. 56–62. – DOI 10.26516/2071-8136.2024.2.56 (in Russian)

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