Perspectives for controlling liability in the economic area of the digital space with regard to the implementation of the Federal law on digital financial assets, digital value (No 259-FZ of 31.07.2020)
Автор: Sergeyev A.B.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Уголовный процесс
Статья в выпуске: 2 (33), 2022 года.
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The state of the legal framework regulating the issuance, accounting and circulation of digital financial assets, digital currency is being investigated. In methodological terms, the study is carried out on the basis of an integrated approach using a ystematic method of analyzing federal legislation, taking into account the features of the elemental composition, structural relationships, functional directions, the target content of legal regulation of public relations in the field of digital circulation of financial assets and digital currency. An attempt is formulated and made to solve the problems of identifying and researching factors contributing to the development of financial and economic processes in the digital space; to give a conclusion on the possibility of developing legal measures that prevent the criminalization of the virtual sphere of the financial and economic sphere. Based on the results obtained, a judgment is formulated that to date the legislator has failed to develop a legal regime to ensure the development of economic relations through the organization of the issuance and circulation of digital currency. At the same time, the normative definition of the categorical apparatus of the elements of the future mechanism of circulation of digital currency creates certain conditions for solving this complex task. The author substantiates the fallacy of the statement that transactions with digital financial rights are “not visible” to law enforcement agencies, which excludes the possibility of detecting crimes in the digital information space. It is proved that the federal legislation has developed a legal mecha.
Cryptocurrency, digital currency, digital financial assets, seizure of property, methodology
Короткий адрес: https://sciup.org/14124291
IDR: 14124291