Crimes Related to Cryptocurrencies: Features of Qualification

Abstract

Process of penetration of digital financial assets into the daily lives of citizens and theactivities of business entities, as well as the steady increase in crimes committed using, withrespect to and about cryptocurrencies, actualizes the need for a scientific understandingof the features and problems of their qualifications. The purpose of the study is to developtheoretical recommendations to overcome the problems that arise in connection with thequalification of crimes committed using, in relation to and about cryptocurrencies. Theimplementation of this goal was achieved by examining the existing positions on the problemin the domestic doctrine of criminal law, assessing the state of domestic criminal legislation,identifying problems in judicial investigative practice. The study is based on the applicationof general and special methods of research (analysis, synthesis, induction, formal legal,abstract logical, etc.). Based on the study, the author formulates the following conclusions:in modern conditions the following main groups of crimes associated with the use of digitalfinancial assets (cryptocurrencies) in one form or another can be distinguished: a) crimes inwhich cryptocurrency acts as a means of committing them; crimes in which cryptocurrencyacts as an object of encroachment; crimes committed for the purpose of generating(mining) cryptocurrency; the use by a person of cryptocurrency cannot a priori indicate thatlegalization has taken place. A simple disposal of virtual currency (in order to pay for goodsor services) without the intention of giving a legitimate form to criminal proceeds does notcontain signs of corpus delicti provided for in Art. 174.1 of the Criminal Code; as an illegalbusiness (Article 171 of the Criminal Code of the Russian Federation), one should qualify aperson to carry out activities related to the exchange of cryptocurrency for fiat money andvice versa, aimed at making profit by charging a commission for each operation. Consideringthat obtaining a license to provide such services is not possible under applicable law, aperson will be liable for illegal business, provided that he carried out the specified activitywithout registration; when qualifying encroachments on cryptocurrency, law enforcementauthorities as a systemic problem note the absence in the territory of Russia of a bodyauthorized to assess its value on a specific date. Currently, in the investigation of criminalcases, the determination of the amount of damage caused to the victim is based either onthe expert’s opinion or by obtaining information about the cryptocurrency rate at the timethe crime was committed.
For citation: Russkevich E.A., Malygin I.I. (2021) Crimes Related to Cryptocurrencies: Features of Qualification. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 106–125 (in Russian) DOI: 10.17323/2072-8166.2021.3.106.125