Концепция цифровых валют центральных банков: основные риски в части соблюдения требований AML («противодействия отмыванию денег») и KYC («знай своего клиента»)

Abstract

Objective: to research a new financial tool, namely, digital currencies of central banks, to analyze the essence of stablecoins as a new financial tool, and to assess the risks of non-compliance with the AML (“anti-money laundering”) and KYC (“know your customer”) requirements when stablecoins are distributed.Methods: the research used methods of system analysis, dialectical method and its derivatives, methods and principles of determinism, induction, deduction and hypothesis. Functional and statistical methods were used to systematize the obtained data.Results: digital currencies, though rejected by many states, are becoming more and more widely spread. In this regard, the concept of creating state-owned digital currencies is the most discussed one in the global financial community. In some countries, central banks are already testing them. However, their global spread has been impeded by concerns about the possibility of their use for criminal purposes. In the Russian Federation, where the state has currently no established position on the nature of digital financial assets, discussions are also underway on the possibility of creating an interstate digital currency. The article discusses the features and types of stablecoins and their advantages relative to other types of cryptocurrencies. The main advantages of the Central Bank’s digital currency and its application in accounting are considered. According to the study results, the main risks associated with the spread of state digital currencies were clarified.Scientific novelty: for the first time in the Russian legal science, the study evaluates the concept of digital currencies of central banks from the position of key risks that prevent their widespread distribution and implementation. The main risks in the field of countering money laundering and compliance with the KYC principle, which assumes the final beneficiary identification, are shown.Practical significance: the research results presented in the paper can be used to improve the state policy on the legalization of digital financial assets, including state digital currencies.