The Legal Status of Cryptocurrencies in the Russian Federation

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Virtual Currency ◽  
Content Analysis Method ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.

scholarly journals DIGITAL CURRENCY AS A SUBJECT OF CRIME AND A MEANS OF COMMITTING CRIMES

2021 ◽  
pp. 5-8
Author(s):  
A.A. Korennaya
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Federal Law ◽  
Digital Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Official Recognition

In this article, the author examines the issues of the criminal legal status of digital currency as an objectand as a means of committing a crime. In 2020, a special Federal law was adopted defining the legal status ofdigital assets, as well as amendments were made to the Civil Code of the Russian Federation concerning theestablishment of the legal status of cryptocurrency or digital currency in the terminology of these regulationsas an object of civil rights. Significant changes in the civil legal regulation of cryptocurrencies have led to achange in approaches to assessing the criminal legal status of virtual money. In particular, the recognitionof digital currency by other property has allowed solving a number of qualification issues, but until now,criminal law is very cautious about the official recognition of cryptocurrency as the subject of a crime. Theauthor of the work offers options for the qualification of crimes committed using digital currency, in theabsence of changes in the criminal law and explanations of the Highest Court.

scholarly journals On the legal aspects of digital economy development

2019 ◽  
pp. 163-167
Author(s):  
Дмитрий Смирнов ◽  
Dmitriy Smirnov ◽  
Лейла Боташева ◽  
Leyla Botasheva
Keyword(s):  
Russian Federation ◽  
State Policy ◽  
Legal Status ◽  
Legal Aspects ◽  
Digital Economy ◽  
Economic Relations ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation

The article deals with the issues of legal support for active digitalization processes, including in the sphere of economics. State policy on the active digitization of economic relations found expression in the program «Digital Economy of the Russian Federation», the provisions of which were the subject of research in the article. The authors of the article paid attention to problems of giving the legal status of such digitalization tools as: blockade, bitcoin, crypto currency.

scholarly journals ECONOMIC NATURE AND LEGAL STATUS OF CRYPTOCURRENCY

2020 ◽  
pp. 3-13
Author(s):  
Ирина Александровна Астраханцева ◽  
Роман Геннадьевич Астраханцев
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Civil Law ◽  
Virtual Currency ◽  
Legal Norms ◽  
Digital Version ◽  
Starting Point ◽  
The Subject ◽  
Definition Of ◽  
Tangible Asset

The article focuses on the relevance of establishing legal norms for virtual currency, which is currently working in the gray zone. The article substantiates why cryptocurrency was referred to other property in the framework of civil law. The issues of referring cryptocurrency to such objects of civil rights as monetary funds, currency values, securities, intellectual property, intangible assets, etc. are considered in detail. Based on a comprehensive analysis, the classification of cryptocurrency as a different property within the framework of civil law is substantiated. The author's definition of cryptocurrency is given as a cryptographically protected property with signs of cryptographic authentication, decentralization, management through consensus, and the use of distributed ledgers. The economic essence and legal status of the cryptocurrency proposed by the authors emphasize the exclusively digital version of the existence and use of this object, indicates the possibility of the turnover of this asset, delimits the concept of cryptocurrency, non-cash and electronic money. The definition of a crypto asset as property makes it possible to develop tax legislation, since the implementation of cryptocurrency is close to investment instruments, which makes it possible to clarify the issue of paying such a tax as VAT. Cryptocurrency as property describes not the thing itself, but the legal relations associated with it, that is, those rights that, according to the rules of law, can be exercised. The article also raises one of the main issues that must be resolved - this is the recognition of ownership of this specific type of property. According to the authors, the starting point for determining the ownership of the cryptocurrency should be that the subject of the right will be the owner of this asset if he legally gained access to the private key by analogy as the subject acquired the ownership of a tangible asset on a legal basis.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

scholarly journals Land dispute as an object of arbitration process

2021 ◽  
Vol 39 (3) ◽  
pp. 118-122
Author(s):  
M. A. Magomedova ◽  
Keyword(s):  
Russian Federation ◽  
Structural Elements ◽  
Legal Concept ◽  
Land Dispute ◽  
Correct Definition ◽  
Arbitration Process ◽  
The Subject ◽  
The Russian Federation ◽  
Characteristic Features ◽  
Definition Of

In the current legislation of the Russian Federation, there is no concept of a land dispute, which causes difficulties in determining the competence of an arbitration court in cases in which the object of the dispute is land. The article analyzes the general legal concept of a dispute and the sectoral concept of a land dispute developed by scientists. The author identified the characteristic features of a land dispute and its structural elements. The work reveals the influence of the structural elements of the land dispute on the type of production in which the dispute will be considered. In addition, the author concludes that the correct definition of the structural elements of the land dispute enables the arbitration court to determine the appropriate persons participating in the case, the subject of proof, the relevance and admissibility of evidence, and ultimately make a lawful and wellgrounded court decision.

Features of legal regulation of the state debt of the Russian Federation subject in the context of changes in budget legislation

2020 ◽  
pp. 98-104
Author(s):  
Iu. K. Tsaregradskaya
Keyword(s):  
Russian Federation ◽  
Public Debt ◽  
Legal Regulation ◽  
Maximum Amount ◽  
The State ◽  
Debt Management ◽  
The Subject ◽  
The Russian Federation ◽  
Public Debt Management ◽  
Definition Of

The main changes in the budget legislation related to digitalization and public debt managementof the Russian Federation, that are manifested in the functioning of the electronic budget of the state and the consolidation of the legal definition of "public debt management", are considered. The author concludes that currently the legislator pays special attention to the issues of setting the upper limit of public debt, the maximum amount of borrowing by the subjects of the Russian Federation, as well as determining the debt sustainability of regions. Foreign experience of regulating such issues is analyzed on the example of a number of countries-Germany, Spain and Italy. Subjects of the Russian Federation with different debt loads are considered, as well as trends related to its increase or change. Also the possibilities of assigning the region to one of the groups with a certain level of debt stability of the subject are analyzed.

Tendencies of Development of Legal Regulation Emission and Turnover Bonds in the Legislation of Poland

10.12737/397 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 0-0
Author(s):  
Андрей Богустов ◽  
Andrei Bogustov
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Civil Law ◽  
Legal Regulation ◽  
Securities Market ◽  
Concept Definition ◽  
Current Trends ◽  
The Subject ◽  
Definition Of ◽  
Debt Holders

The subject of research is the notion and the features of a bond as a subject of the Polish civil law. The aim of research is the exposure of the current trends of legal regulation of bond issue and handling on example of the legislation of Poland. The methodological basis of the research contains the comparative law approach. In the course of investigation the author has come to the conclusion that the legislation of Poland governing the issue and handling of bonds reflects a number of current trends of the development of civil law as following: the differentiation of legal regulation of the securities market, the unacceptance of the universal concept definition of the term «security», the dematerialization of the securities, the approximation of the legal status of a share and a bond, the enhancement of the measures of the corporation’s shareholders and debt holders protection, the approximation and mutual loanword of the common and continental law countries legislation, the extention of the frame of reference of legal civil rights represented with securities.

scholarly journals Criminal Procedural Code of the Russian Federation: evaluation of effectiveness and measures for its improvement

2021 ◽  
pp. 868-877
Author(s):  
Boris Gavrilov
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Procedural Code ◽  
The Russian Federation ◽  
Historical Comparative

Introduction: the article analyzes provisions of the Criminal Procedural Code of the Russian Federation and its impact on the implementation of key legal institutions designed to ensure respect for the rights and legitimate interests of criminal proceedings participants by law enforcement and judicial authorities. Purpose: having studied effectiveness of the amendments made in the CPC and conducted statistical analysis of the results of criminal cases investigation, the author presents shortcomings in the legislation identified by the scientific community and law enforcement practice and proposes measures to improve both certain legal norms of the CPC RF and its procedural institutions in order to ensure constitutional provisions on the state protection of human and civil rights and freedoms. Methods: the researcher used historical, comparative legal and empirical methods for describing quality and legality issues in the investigation of criminal cases; theoretical methods of formal and dialectical logic. Private scientific and legal technical methods, as well as the method for interpreting specific legal norms were applied. Results: the analysis of development of Russian and foreign criminal procedural legislation and law enforcement practice objectively indicates that the absolute majority of the amendments made to the Code contributed to enhancing performance of pre-trial investigation or initial inquiry bodies in implementing the provisions of Article 6 of the CPC. It stipulates protection of the rights and lawful interests of the persons and organizations, who (which) have suffered from the crimes, as well as their protection from unlawful accusations and conviction, and other restrictions of their rights and freedoms. Betterment of the criminal procedural legislation is also aimed at overcoming formalization of its individual provisions and bureaucratization of actions of the inquirer, investigator, prosecutor’s office and judicial community in the investigation and trial of criminal cases. Conclusions: to adapt the modern Russian criminal process to modern realities (new types of crimes and methods of their commission, increased requirements for ensuring legality in activities of pre-trial investigation bodies, their compliance with procedural deadlines in criminal cases and improving investigation quality) it is necessary to make changes in pre-trial proceedings, in particular, to reorganize procedural rules for commencement of criminal proceedings; bringing investigation terms into line with the provisions of Article 61 of the CPC on a reasonable period of criminal proceedings; differentiating investigation forms, etc. All this is focused on improving effectiveness of the fight against crime and its most dangerous types.

scholarly journals Unrestricted (absolute) rights and freedoms of man and citizen in the Constitution of the Russian Federation of 1993 and international acts

2019 ◽  
Vol 2019 (4) ◽  
pp. 69-75
Author(s):  
Aleksandr Podmarev
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Religious Affiliation ◽  
International Standards ◽  
Constitutional Court ◽  
Federal Law ◽  
The Russian Federation ◽  
The Individual

The 1993 Constitution of the Russian Federation as one of the principles of the legal status of an individual establishes the possibility of restricting human and civil rights and freedoms, while also providing for the necessary conditions for imposing such restrictions (the existence of a constitutional goal of restriction; setting restrictions only by federal law; proportionality; compliance with international standards of restrictions; prohibition restrictions on rights based on social, racial, national, linguistic or religious affiliation). The need for the existence of restrictions on the rights and freedoms of the individual is due to various reasons: the protection of the foundations of the constitutional order, the rights and freedoms of other persons, and the interests of the state. However, certain human rights and freedoms cannot be restricted under any circumstances; this so-called absolute rights and freedoms. But neither national legislation nor international law contain a precisely defined list of absolute rights and freedoms. The aim of the article is to identify in the Constitution of the Russian Federation of 1993 and in international acts unrestricted (absolute) rights and freedoms of a person and citizen. The relevance of the research topic for the Russian constitutional legal science is due to the fact that certainty in the understanding of the list of unrestricted rights and freedoms is necessary for the improvement of lawmaking and law enforcement activities. The article examines the provisions of the Constitution of Russia, the main international legal acts on human rights, the legal positions of the Constitutional Court of the Russian Federation.

scholarly journals Petty crime: quo vadis?

2020 ◽  
pp. 20-29
Author(s):  
Elena Aleksandrovna Suponina ◽  
Igor' Petrovich Dolgikh
Keyword(s):  
Russian Federation ◽  
Academic Community ◽  
Public Place ◽  
Federal Law ◽  
Legal Norms ◽  
Systemic Analysis ◽  
The Subject ◽  
The Russian Federation ◽  
Quo Vadis ◽  
Definition Of

The subject of this research is the normative gaps that have been an intrinsic part of petty crime for many years. Among most discussible within the academic community problems related to such legal violation, the author selected the following: absence of legal definition of the concept of obscenities in the national legislation; complexity of delimitation of petty crime from the adjacent administrative and criminal offences; disaccord in interpretation of the concept of “public place”. Particular attention is paid to the prospects of optimization of administrative-legal norms established in the Article 20.1 of the Code of Administrative Offences of the Russian Federation. The main conclusion of the conducted research lies in the statement that from the perspective of legal technique, the article 20.1 of the Code of Administrative Offences of the Russian Federation is in a permanent motion. However, this motion is chaotic and inconsequential. The introduced amendments to the text of codified law did not enhanced the protection of public order, as well as created the additional difficulties for the law enforcer. This article makes an attempt of systemic analysis of provisions of the Federal Law No.28-FZ of 03.18.2019 that complemented the article 20.1 of the Code of Administrative Offences of the Russian Federation with the Sections 3-5.

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