Regulation Of Cryptocurrencies Research Articles

Cryptocurrency Legality and Regulations – An International Scenario

Cryptocurrency Legality and Regulations – An International Scenario

Pengenaan Hukum Pajak Pada Cryptocurrency Dan NFT Di Indonesia

This research aims to look at the potential of government revenue through taxes on digital currencies or better known as cryptocurrencies and against digital assets called NFT. With normative research methods to analyze how cryptocurrencies and digital assets (NFT) should be taxed at low or high tax rates. In addition to understanding cryptocurrency taxation policies as well as NFT, the study also looked at the taxation policies of various countries on cryptocurrencies and digital assets. Each country has different guidelines and considerations for the legal status and policies of the regulation of cryptocurrencies and NFT. There is no consensus between countries about this.
 Keywords; taxes, cryptocurrencies, digital assets, NFT

Проблемы легализации криптовалюты в России: законодательные противоречия

The purpose of the study is to assess changes in Russian legislation and legislative initiatives related to cryptocurrencies and digital financial assets. The article focuses on the possible economic consequences of using cryptocurrency for Russian business; determining the degree of impact of transactions with digital assets on the country's economy in connection with the introduction of the Federal Law of the Russian Federation regarding cryptocurrency. The scientific novelty lies in the development and theoretical justification of the legal principles of regulation of cryptocurrency and its place in the domestic legal system, the need to improve the legislation of the Russian Federation in relation to cryptocurrency is substantiated. As a result, the existing legal framework governing the circulation of cryptocurrencies and digital assets in Russia was analyzed, measures of responsibility for failure to report on transactions with cryptocurrencies were identified, and the need to eliminate disagreements on the legalization of cryptocurrencies in the country was substantiated.

The comparative analysis of regulations in the Italian Republic and the Russian Federation against cryptolaundering techniques

PurposeIn the age of DarkNetMarkets proliferation, combatting money laundering has become even more complicated. Constantly evolving technologies add a new layer of difficulty to already intricated schemes of hiding the cryptocurrency’s origin. Considering the latest development of cryptocurrency- and blockchain-related use cases, this study aims to scrutinize Italian and Russian antimoney laundering regulations to understand their preparedness for a new era of laundering possibilities.Design/methodology/approachOne of the most recommended ways to buy and sell cryptocurrencies for illegal drug trade on DarkNet was discovered using machine learning, i.e. natural language processing and topic modeling. This study compares how current Italian and Russian laws address this technique.FindingsDespite differences in cryptocurrency regulation, both the Italian Republic and the Russian Federation fall behind on preventing cryptolaundering.Originality/valueThe main contributions of this paper: consideration of noncustodial wallet projects and nonfungible token platforms through the lens of money laundering opportunities, comparison of Italian and Russian antimoney laundering regulations related to cryptocurrency, empirical analysis of the preferred method of trading/exchanging cryptocurrency for DarkNet illegal trade using machine learning techniques and the assessment of how Italian and Russian regulations address these money laundering methods.

Research contributions and challenges in DLT-based cryptocurrency regulation: a systematic mapping study

The purpose of this paper is to identify research that has been carried out about cryptocurrency regulation contributions and the current challenges that need to be addressed in future studies. The methodology used to conduct this research and report the findings was systematic mapping. We use this methodology to search, identify, and select all relevant primary studies on cryptocurrency regulation. The findings reveal that the key cryptocurrency regulation research topics are distributed governance, central bank digital currency, monetary policy, cryptocurrency adoption, security, regulation, cryptocurrency market, cybercrime economy and money laundering. The research proposals for cryptocurrency regulation comprise tools, protocols, methods, models, frameworks and, knowledge. The cryptocurrency regulatory challenges are cryptocurrency adoption, central bank digital currency regulation, accounting for cryptocurrencies and risk for cryptocurrencies. This systematic mapping provides an overview of the solutions proposed to regulate cryptocurrency as well as the current research challenges.

Regulation of Cryptocurrencies in Kenya

Regulation of Cryptocurrencies in Kenya

The Regulation of Cryptocurrencies in the United States of America

The Regulation of Cryptocurrencies in the United States of America

U.S. Cryptocurrency Regulation: A Slowly Evolving State of Affairs

U.S. Cryptocurrency Regulation: A Slowly Evolving State of Affairs

Features of the Russian legal regulation of cryptocurrencies in the context of their worldwide recognition as a means of payment

Features of the Russian legal regulation of cryptocurrencies in the context of their worldwide recognition as a means of payment

Current state and prospects for the legal regulation of cryptocurrencies in the European Union

The author analyzes the existing legal regulation of relations related to the use, issuance, trade and other operations with cryptocurrencies in the European Union law. It was noted that the development of cryptocurrency markets in the EU requires a well-built legal framework clearly defining the regulation regime for all cryptocurrencies that are not subject to current legislation on financial services. The main directions of regulatory influence on the cryptocurrency market in some EU Member States are identified. The problems of the system of legal acts covering legal relations with cryptocurrencies are analyzed. It was stated that creating a high-quality and effective legal framework within the EU internal market is an extremely important though challenging task. Perspective directions of legal regulation of crypto-assets according to the Proposal for a Regulation of the European Parliament and of the Council on Markets in Crypto-assets, and amending Directive (EU) 2019/1937, COM/2020/593 final, are analyzed. When analyzing the draft Regulation, it was found that its adoption would be an important step towards maximum harmonization of cryptocurrency legislation. A number of problems of the future legal act have been revealed. These include ambiguous legal regulation of cryptocurrency market participants’ cybersecurity. In addition, the legislative bodies should bear in mind that cryptocurrencies are in the process of constant transformation and transition from one type of token to another. In this case, the rules of the upcoming Regulation should be more flexible to future changes. It was concluded that according to the current draft Regulation, it is extremely unlikely that any types of crypto-assets will remain unregulated in the EU.

Legal regulation of cryptocurrencies in Russia: problems and prospects

Legal regulation of cryptocurrencies in Russia: problems and prospects

The model of legal regulation of cryptocurrencies in the Russian Federation

The model of legal regulation of cryptocurrencies in the Russian Federation

Legal Regulation of Cryptocurrencies and NFT in the Russian Federation

Legal Regulation of Cryptocurrencies and NFT in the Russian Federation

СОВРЕМЕННЫЕ ТЕНДЕНЦИИ РЕГУЛИРОВАНИЯ ПРОЦЕССА ЦИФРОВИЗАЦИИ ФИНАНСОВОГО РЫНКА. ЧАСТЬ I

In this paper, the author explores current trends in regulating the process of digitalization of the financial market. In the first part of the article, international trends in the development of financial markets were considered, modifying classical approaches to the provision of financial and banking services, including: transformation of the needs and behavior of customers; creation of ecosystems of financial and non-financial services; use of «Open API» in the financial and non-financial sectors of the economy; application of financial technologies on a global scale; strict regulation of cryptocurrencies and the development of digital currencies of central banks; active growth of operational risks and information security risks. Based on the results of the material of the first part, a conclusion was drawn about the legislative provision for regulating the process of digitalization of the financial market, which is the most important priority for national development. This study consists of three parts.

The unintended consequences of the regulation of cryptocurrencies

AbstractThis paper investigates whether the application of the latest guidance of the Financial Action Task Force (FATF) for regulating cryptocurrencies may engender unintended consequences at odds with the initial purposes of transparency and technology neutrality. For instance, we will ask whether regulation strengthening may incite a category of investors to flight to unregulated and non-compliant decentralised exchange platforms to stay under the radar of regulators. Furthermore, we ask whether regulation may lead to a two-tier industry, fragmented between compliant trading venues that attract mainstream users and non-compliant trading venues that attract privacy-centric users. We argue that somewhat paradoxically, regulation may push part of the crypto-industry to the ‘dark side’ of financial innovation and drives privacy-centric investors out of the scope of regulators.

Cryptocurrency as a payment agent

The paper examines the essence of cryptocurrency as a method of payment has been investigated and identifies its key features (exchange for goods or services; exchange for classic currency; payment for goods and services; minimum level of possibility of abduction; payments, fast and direct transactions; investment asset; business development in cryptocurrency). Different approaches to determining the legal nature of cryptocurrency are analyzed (cryptocurrency as a method of payment; cryptocurrency as a foreign currency; cryptocurrency as a financial asset; cryptocurrency as a financial pyramid). The conclusions of the EU court, the courts of the national system on the use of cryptocurrency as a means of payment are analyzed. The legal nature of cryptocurrency is determined through the prism of world practices of its use. The possibility of using cryptocurrencies in terms of their ability to perform the basic functions of money is analyzed. The paper examines two attempts of legislators to regulate the issues of taxation, legal nature and legal regulation of cryptocurrency in 2019 and 2020. Attention is also paid to the relevant institutions where you can pay with cryptocurrencies, namely: “Spendabit”, “CoinATMRadar”, exchange office in online networks – WebMoney. According to the National Bank of Ukraine, the danger of cryptocurrency transactions is indicated. Examples of the main risks associated with the purchase, sale, exchange and conversion of cryptocurrencies are given (possibility of loss of funds due to theft, possibility of fraud, lack of infrastructure, significant price fluctuations of cryptocurrencies, lack of guarantees for return of invested funds in cryptocurrencies). In conclusion, attention is drawn to the need for legislative regulation of the essence of cryptocurrency for further effective evolution.

Preying on the poor? Opportunities and challenges for tackling the social and environmental threats of cryptocurrencies for vulnerable and low-income communities

The rate of adoption of some cryptocurrencies is triggering alarm from energy researchers and social scientists concerned about the industry’s growing environmental and social impacts. In this paper we argue that the unsustainable trajectory of some cryptocurrencies disproportionately impacts poor and vulnerable communities where cryptocurrency producers and other actors take advantage of economic instabilities, weak regulations, and access to cheap energy and other resources. Globally, over 100 million people hold cryptocurrency, mostly as a speculative asset. The digital infrastructure behind the most popular cryptocurrency, bitcoin, currently requires as much energy as the whole of Thailand, with a carbon footprint exceeding the gold mining industry. Should bitcoin’s mass adoption continue, an escalating climate crisis is inevitable, disproportionately exacerbating social and environmental challenges for communities already experiencing multiple dimensions of deprivation. In mitigating these impacts, the paper considers 4 potential regulatory pathways, including: 1) promoting voluntary private-sector commitments to using only renewable energy, 2) encouraging a system of voluntary carbon offsetting, 3) using existing financial regulations and tax frameworks, and 4) imposing national and/or international bans on cryptocurrency ‘mining’. The paper argues that effective environmental regulation of cryptocurrencies is urgently required, both to reduce the threat of catastrophic climate change, and to help the world’s poorest towards sustainable development. However, regulating cryptocurrency mining in any context is likely to require a combination of efforts and is unlikely to result in win-win outcomes for all.

DIGITAL CURRENCY AS A SUBJECT OF CRIME AND A MEANS OF COMMITTING CRIMES

In this article, the author examines the issues of the criminal legal status of digital currency as an objectand as a means of committing a crime. In 2020, a special Federal law was adopted defining the legal status ofdigital assets, as well as amendments were made to the Civil Code of the Russian Federation concerning theestablishment of the legal status of cryptocurrency or digital currency in the terminology of these regulationsas an object of civil rights. Significant changes in the civil legal regulation of cryptocurrencies have led to achange in approaches to assessing the criminal legal status of virtual money. In particular, the recognitionof digital currency by other property has allowed solving a number of qualification issues, but until now,criminal law is very cautious about the official recognition of cryptocurrency as the subject of a crime. Theauthor of the work offers options for the qualification of crimes committed using digital currency, in theabsence of changes in the criminal law and explanations of the Highest Court.

Cryptocurrency in transnational offenses: criminal and civil legal aspects

The emergence of digital technologies contributed to the emergence and rapid development of digital commerce, and at the same time, the number of electronic payments, the use of digital and virtual currencies increased. The article presents an analysis of the legal nature of such a financial instrument as cryptocurrency, characterizes the distinctive features, highlights the advantages and disadvantages. The purpose of the work is to consider the regulatory legal position of cryptocurrency in the modern world, to highlight the legal practice in cases of the circulation of cryptocurrency, to study the role of cryptocurrency in transnational offenses, to explore possible options for combating cybercrime, which is carried out using the use of cryptocurrency. The methodology of the work is represented by a set of methods and techniques, operations that are used to study the topic and achieve the set goal, namely: hermeneutic, historical, extrapolation, comparative-legal, comparison and generalization, analysis, synthesis, deduction. Results of the work: in today's reality there is no unified international legal regulation of cryptocurrency, which complicates the prevention and fight against transnational offenses, the means or subject of which are cryptocurrencies and mining.

Understanding regulatory trends: digital assets & anti-money laundering

Purpose To evaluate the global anti-money laundering regulation of digital assets and cryptocurrencies. Design/methodology/approach This article provides an analysis of macro trends in digital asset money laundering regulation and explores the regulatory frameworks in some of the leading international crypto markets. Findings As the popularity and public adoption of digital assets have grown, global regulators have turned their attention to the risks of anti-money laundering. Monitoring the evolving international regulatory landscape is essential for organizations looking to successfully take advantage of digital asset-related investment opportunities. Practical implications Market participants should understand all applicable laws and procedures before they decide to enter the digital asset market. These considerations can become even more complex as businesses interact with multiple international regulators. Originality/value This article is designed to help investors understand the global anti-money laundering regulatory landscape regarding digital assets, particularly for those institutions interested in diversifying with crypto-related investment opportunities.