Digital Currency in Modern Russia: Legal Essence and Place in Turnover

Keywords: Internet, legislation, digital currency, information technologies, mathematical calculations, information in electronic form, network node, property turnover, other property

Abstract

The information society of our time is characterized by large-scale and intensive use of computer technologies in most areas of economic relations. Many procedures of interaction between people and business entities are computerized and digitized. Remote technologies used on the Internet allow groups of people, in particular, to perform mathematical calculations and use the data obtained in the interests of participants in such collective calculations. The totality of such electronic data in the Russian Federation is legitimized as a digital currency. The legal content and place of digital currency in property turnover and the system of its state regulation seems to be an actual object of scholar development. The article solves the following tasks based on the study of domestic legislation and doctrinal publications: the legal content of digital currency as encrypted information and the type of other property is substantiated; legislative constructions providing for the functioning of digital currency as a means of payment and investment are analyzed; qualitative features of digital currency inherent in the object of civil rights are identified. Digital currency is studied as a set of electronic data and information, the author’s definition of digital currency is presented. Digital currency in circulation is disclosed as encrypted information, settlement and exchange equivalent and investment asset. The fallacy of the legislative recognition of digital currency as a means of payment is argued. The legal constructions on the possibility of using digital currency as an investment are critically evaluated. The features of turnover and the development of regulatory regulation of digital currency in the Russian legal order are analyzed. A legal analysis of the parliamentary bill on the “mining” of digital currencies is being carried out. The essence is substantiated; the definition of activities aimed at obtaining digital currencies by mathematical calculations on private computers is formulated. Digital currency is considered as a kind of other property, the conclusion is made about the possibility of recognizing the “coin” of digital currency as an object of civil rights. The article examines the modern doctrinal developments of mainly Russian researchers on the subject of research, as well as encyclopedic and normative sources. Proposals are being made to improve the legal regulation of public relations in the field of property turnover of digital currency.

Author Biographies

Alexander Goncharov, Volgograd State University

Doctor of Sciences (Law), Doctor of Economics, Professor

Andrey Sadkov, Volgograd State University

Candidate of Sciences (Law), Associate Professor

Vitaly Sadkov, Volgograd Academy, Ministry of Internal Affairs

Candidate of Sciences (Law), Lecturer

Davud Davudov, Volgograd State University

Candidate of Sciences (Law), Associate Professor

References

Blandin A., Pieters G. et al. (2020) CCAF 3rd global cryptoasset benchmarking study. SSRN Electronic Journal. DOI: https://doi.org/10.2139/ssrn.3700822

Boikova K.O. (2022) Problematic aspect of determining legal nature of digital financial assets and digital currency in the investigation of their turnover. Kriminalistika=Criminalistics, no. 2, pp. 181-192 (in Russ.). DOI: https://doi.org/10.55001/2587-9820.2022.84.17.018

Dolgieva M.M. (2022) Operations with cryptocurrencies: applying criminal law. Aktualnye problemy rossiyskogo prava=Issues of Russian Law, no. 4, pp. 128-139 (in Russ.)

Gabov A.V. (2021) The digital ruble of the Central Bank as object of civil rights. Aktualnye problemy rossiyskogo prava=Issues of Russian Law, no. 4, pp. 55-65 (in Russ.) DOI: https://doi.org/10.17803/1994-1471.2021.125.4.055-065

Haentjens M. et al. (2020) Failed hopes of disintermediation: crypto-custodian insolvency, legal risks and how to avoid them. DOI: https://doi.org/10.2139/ssrn.3589381

Jianqiang G. et al. (2022) Data element embedding and firm performance: the influence of ESG investment. Frontiers in Environmental Science, vol. 10, art. 974399. DOI: https://doi.org/10.3389/fenvs.2022.974399

Kochergin D.A. (2022) Crypto assets: economic nature, classification and regulation of turnover. Bulletin of International Organizations, no. 3, pp. 75-130. DOI: https://doi.org/10.17323/1996-7845-2022-03-04

Kucherov I.I. (2018) Legal approaches to the legitimization of cryptocurrencies. Vestnik Nizhegorodskoi akademii MVD=Nizhny Novgorod Academy of the Ministry of Internal Affairs Bulletin, no. 2, pp. 183-193 (in Russ.)

Kuligin V.D. et al. (2022) Evolution of money in the direction of digital currency. Vestnik universiteta=Bulletin of the University, no. 4, pp. 146-152 (in Russ.) DOI: https://doi.org/10.26425/1816-4277-2022-4-146-152

Lucchesi M. (2021) Blockchain and financial law: which legal responses to a technological evolution that could transform the sector? International Business Law Journal, no. 2, pp. 167-178.

Lunyakov O.V. (2021) Cryptocurrency: inflationary hedge of the money market or pure speculation? Bankovskoe delo=Banking Business, no. 5, pp. 8-11 (in Russ.)

Mosakova E.A. (2021) Risks of using cryptocurrencies as the newest form of money in the digital economy. Informatcionnoe obschestvo=Information Society, no. 3, pp. 2-8 (in Russ.) DOI: https://doi.org/10.52605/16059921_2021_03_02

Nagl L. (2022) Digital technology: reflections on the difference between instrumental rationality and practical reason. Kantian Journal, no.1, pp. 60-88. DOI: https://doi.org/10.5922/0207-6918-2022-1-3

Objects of civil rights (2019) Textbook. A.O. Inshakova (ed.). Volgograd: University, 567 p. (in Russ.)

Oluyeju M. (2022) Legal protection of investors from the corporate malfeasance of insider dealings: A South African-Canadian Comparative Review. BRICS Law Journal, no. 9, pp. 136-167. DOI: https://doi.org/10.21684/2412-2343-2022-9-1-136-167

Vasilevskaya L. Yu. (2023) Digital ruble: a civilist's view. Russkiy zakon=Lex Russica, no. 1, pp. 9-19 (in Russ.) DOI: https://doi.org/10.17803/1729-5920.2023.194.1.009-019

Vergeles E.R. (2022) Crypto assets: a place in modern legislation. Akademicheskaya mysl=Academic Thought, no. 1, pp. 35-37 (in Russ.)

Umarov H.S. (2021) The impact of blockchain and cryptocurrencies on the global financial system: prospects and contradictions. Financy i credit=Finance and Credit, no. 9, pp. 2096-2117 (in Russ.) DOI: https://doi.org/10.24891/fc.27.9.2096

Yankovsky R.M. (2020) Cryptocurrencies in Russian law: surrogates, “other property” and digital money. Law. Journal of the Higher School of Economics, vol. 13, no. 4, pp. 43-77 (in Russ.) DOI: https://doi.org/10.17323/2072-8166.2020.4.43.77

Published
2023-03-28
How to Cite
GoncharovA., SadkovA., SadkovV., & DavudovD. (2023). Digital Currency in Modern Russia: Legal Essence and Place in Turnover. Law Journal of the Higher School of Economics, 16(3), 128-153. https://doi.org/10.17323/2072-8166.2023.3.128.153
Section
Russian Law: Condition, Perspectives, Commentaries