Риски объектоспособности криптовалют в реалиях нарастающей цифровизации российской экономики

Abstract

The high pace of development of digitalization processes of the national and world economy inevitably requires optimization and adaptation of the rules of civil and trade turnover to the changing operating conditions of traditional markets for goods, services and capital. Russian law in this direction has introduced new norms and even separate laws corresponding to the digital challenges of the economy, regulating the processes of circulation of objects of law in digital form with varying degrees of certainty. Cryptocurrency is one of these. However, Russian legislation still shows signs of legal uncertainty regarding the place of cryptocurrency in the system of objects of civil rights and obligations. At the same time, the recognition by Russian law of the global practice of identifying cryptocurrencies as a full-fledged alternative to fiat currencies creates risks for the national financial system of Russia. Particular attention is drawn to the risk of cryptocurrency acquiring unofficial payment power in the conditions of its uncontrolled circulation due to objective reasons. The latent nature of this asset cannot go unnoticed when developing a system of legal conditions for civil circulation of digital currencies. The method proposed by the legislator to protect the rights of cryptocurrency owners, which depends on the will of the subject of the right to disclose or not disclose information about the ownership of cryptocurrency and transactions made with it, allows us to speak about the aleatory nature of transactions with cryptocurrency. The noted problems do not allow us to talk about the completion of the process of searching for an answer to the question about the legal nature of cryptocurrency and transactions with it.