Qualification of the acts committed in the sphere of cryptocurrency
Автор: Dolgiev M.M.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Уголовное право и криминология. Уголовно-исполнительное право
Статья в выпуске: 1 (88), 2019 года.
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Introduction: the article deals with the specific issues of qualification of crimes related to the theft of cryptocurrency, theft of funds committed using cryptocurrency, corruption crimes are considered, the subject of which is cryptocurrency. The author studies the concepts of cryptocurrency and property within the framework of existing scientific opinions and analyzes judicial practice, which, in particular, tends to classify cryptocurrencies as types of property. Materials and methods: the Normative basis of the research is the criminal and criminal procedure legislation of the Russian Federation. The goals and objectives of the study are to determine the range of features and properties of the objects of crimes committed with the use of cryptocurrency, as well as committed against the cryptocurrency as an object of infringement. In the preparation of the article, mainly formal logical methods were used, as a result of which the author analyzes social and legal phenomena. The results of the study: it allowed to clarify certain provisions concerning the legal characteristics of acts committed in the sphere of cryptocurrency turnover and to determine that the main feature of the assessment of the subject of the crime committed in the sphere of cryptocurrency turnover is the presence of its property and cost characteristics, the possibility of determining the damage in order. Conclusions and conclusions: the Author substantiates the conclusion that the cryptocurrency can be both the subject of theft and the subject of corruption crime on the basis of scientifically grounded opinion about the paid nature of the benefits provided by cryptocurrencies.
Cryptocurrency, digital currency, theft of cryptocurrency, fraud, bribe in cryptocurrency, corruption crime
Короткий адрес: https://sciup.org/143166716
IDR: 143166716 | DOI: 10.24411/2312-3184-2019-10001