Criminal law protection of public relations in field of digital financial assets and digital currency

 
PIIS0023126-8-1
DOI10.31857/S102694520023126-9
Publication type Article
Status Published
Authors
Occupation: Prosecutor of the Main Criminal-Judicial Department, Prosecutor General’s Office of the Russian Federation
Affiliation: Prosecutor General's Office of the Russian Federation
Address: Russian Federation, Moscow
Journal nameGosudarstvo i pravo
EditionIssue 11
Pages132-138
Abstract

Differences in the definitions of digital financial assets, digital currency and cryptocurrencies cause difficulties not only for law enforcement officers, but also in the science of Criminal Law. The author’s research has shown that the term “cryptocurrency” is not included in the concept of digital currency, and moreover cryptocurrencies are not digital financial assets. Cryptocurrencies are defined by the author as a virtual asset that can be an object of financial activity and, together with digital rights and digital currency, all types of virtual assets are involved in monetary circulation, and, accordingly, the relations that develop in this area are subject to criminal protection as a type of financial activity. The author substantiates the conclusion that the list of objects protected by criminal law should include economic (financial) relations, part of which are legal relations in the sphere of turnover of virtual assets. The place of such legal relations in the section of crimes against the economy has been determined.

Keywordsdigital financial assets, digital currency, digital rights, cryptocurrency, virtual assets, financial crimes
Received18.11.2022
Publication date04.12.2023
Number of characters24088
Cite  
100 rub.
When subscribing to an article or issue, the user can download PDF, evaluate the publication or contact the author. Need to register.

Number of purchasers: 0, views: 76

Readers community rating: votes 0

1. Dolgieva M.M. Crypto crime against the background of a special military operation and Western sanctions // Actual problems of Russian law. 2022. No. 8. P. 144–149 (in Russ)..

2. Dolgieva M.M. Tax crimes committed using digital financial assets and cryptocurrencies: issues of criminal liability // Herald of the Far Eastern Law Institute of the Ministry of Internal Affairs of Russia. 2022. No. 3 (60). P. 42 - 48 (in Russ).

3. Lyaskalo A.N. Financial crimes in Russian Criminal Law: modern concept and problems of qualification: dis. ... Doctor of Law. M., 2022. P. 15 (in Russ).

4. Nikiforov B.S. The object of a crime under Soviet Criminal Law. M., 1960. P. 4 (in Russ).

5. O’Sullivan A., Sheffrin S.M. Economics: principles in action. Washington, DC, 2021. P. 271 (in Russ).

6. Pikurov N.I. Theoretical problems of intersectoral relations of Criminal Law: abstract dis. ... Doctor of Law. Volgograd, 1998. P. 36 (in Russ).

7. Polyakova V.V., Tokun L.V. Formation of the digital financial assets market in the Russian Federation // Herald of the GUU. 2019. No. 6. P. 150–153 (in Russ).

8. Razgildiev B.T. Tasks of the Criminal Law of the Russian Federation and their implementation: abstract dis. ... Doctor of Law. M., 1994. P. 16–18 (in Russ).

9. Criminal and legal protection of the financial and budgetary sphere: scientific and practical manual / eds: I.I. Kucherov, O.A. Zaitsev, S.L. Nudel. M., 2021 (in Russ).

10. Criminal law and economic activity (the ratio of private and public interests): scientific and practical manual / eds: I.I. Kucherov, O.A. Zaitsev, S.L. Nudel. M., 2020 (in Russ).

11. Fedorov M.I. The concept of the object of a crime according to Soviet Criminal Law // Scientific notes of Gorky Perm State University. 1957. Vol. XI. Issue 4. Book 2. P. 180 (in Russ).

12. Tsaregradskaya Yu. K. Cryptocurrency, digital financial assets, digital rights: terminological diversity in the process of formation of legal reality // Law and the digital economy. 2021. No. 2. P. 32 - 38 (in Russ).

13. Economics: textbook / ed. by A.S. Bulatov. 2nd ed. M., 1997. P. 783 (in Russ).

Система Orphus

Loading...
Up