Abstract
The article analyzes the legal nature and specific of legal regulation of cryptocurrency in order to reveal the features of inheritance of cryptocurrency assets. The article aims to reveal whether it is possible to inherit cryptocurrency in terms of the existent legislation and if so, what kind of peculiarities of cryptocurrency should be considered. The financial and legal nature of cryptocurrency are described in the article. The main differences between cryptocurrency and traditional electronic money are revealed. The current legislation of Ukraine and some European countries on cryptocurrency legal status is analyzed. It is stated, that in most countries of the world, cryptocurrency is not considered to be money or currency, but rather a kind of property. It is noted, that while solving the issue of inclusion of cryptocurrency assets in the legacy, it is necessary to take into account the functional features of cryptocurrencies in general and the specifics of a particular type of cryptocurrency. Most of the benefits of cryptocurrencies for their owner (such as anonymous character) are obstacles to their inheritance according to the procedures provided by applicable law. The classification of the methods of inheritance of cryptocurrency assets is made in the article. The differences in the inheritance of cryptocurrency and tokens are revealed.
Highlights
Modern technologies are changing human life daily, enriching it with new opportunities for self-realization, communication, knowledge dissemination,| v. 10 (I) (2021), p. 104Features of Inheritance of Cryptocurrency Assets meeting other human needs
The logical-legal method allowed to analyze the content of current legislation of Ukraine, identify gaps contained in certain regulations, as well as identify inconsistencies in certain regulations governing the terms and conditions of inheritance of cryptocurrency
Given the civil legal nature of both the rights and obligations in respect of digital objects, the issue of the inheritance of such digital objects should remain within the limits of the permissive legal regime
Summary
Modern technologies are changing human life daily, enriching it with new opportunities for self-realization, communication, knowledge dissemination,. The modern degree of development of information technologies causes the widening of the spectrum of social relations that may arise in the virtual environment. The achievements of today's industry, expressed in the widespread use of modern information technology and the emergence of new digital objects that have tangible and intangible value, are slowly being reflected in legislation. We still feel the lack of legal regulation of relations, which arise while using cryptocurrencies in Ukraine and all over the world. That is why it is extremely important to investigate the legal nature of cryptocurrencies and reveal their features, which would allow treating them as money. The rapid development of blockchain technology and the global proliferation of cryptocurrencies and cryptocurrency transactions have led to a legislative loophole in regulating cryptocurrency relationships
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