Публично-правовые и частно-правовые начала в регулировании цифровой валюты

Abstract

Introduction. The article discusses issues of interdisciplinary regulation of centralized digital currencies issued by central banks. Attention is paid to the public legal and fair principles of digital currency of the Central Bank. Materials and Methods. The theoretical basis was formed by scientific publications of domestic and foreign authors on research issues. The study is based on the analysis of legal provisions of financial and civil legislation that determine the legal regime of the digital ruble. The formal legal method, as the main method of the research, made it possible to reveal the content of the intersectoral legal nature of digital currency. Analysis. The issues of the legal nature of the Central Bank digital currency are explored. Close attention is paid to the provisions “On the Digital Ruble”, concentrated in the norms of public and private law. It is noted that the lack of a clear conceptual apparatus causes difficulties in the interpretation of basic categories. The dual legal nature of the digital ruble is substantiated. This duality is manifested in the fact that the digital ruble is an object of financial law, as a national digital currency issued by the Bank of Russia, on the other hand, the obligatory nature of the digital ruble, reflected in the provisions of private law and the Federal Law “On the National Payment System”. Results. Central bank digital currencies (CBDCs) are being considered or are in the process of being implemented by many central banks around the world. Despite the importance and potential consequences of such dramatic changes in national currencies, many uncertainties remain.