The Legal Nature of Digital Currency

Student: Moldacheva Elizaveta

Supervisor: Tatiana Tereshchenko

Educational Programme: Civil Law and Commercial Law (Master)

Year of Graduation: 2021

In this paper, through the prism of Federal Law No. 259-FZ of July 31, 2020, "On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation", the controversial aspects of cryptocurrency are analyzed: the legal nature, the applicable legal regime and limitation of turnover. The text of the law itself does not answer the questions of participants of the crypto market, so you have to resort to positions from the doctrine and judicial practice. The author comes to the conclusion that cryptocurrency can be recognized as an "incorporeal thing" with the corresponding distribution of the legal regime of things in relation to it, and the conclusion about its recognition as a monetary surrogate and limiting its turnover as a means of payment is based on a misunderstanding of the essence of cryptocurrency.

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