Andrianova N.G. —
Financial Legal Aspects of Legal Regulation of Digital Currency Circulation
// Law and Politics. – 2024. – ¹ 8.
– P. 36 - 44.
DOI: 10.7256/2454-0706.2024.8.71464
URL: https://en.e-notabene.ru/lpmag/article_71464.html
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Abstract: In the context of unprecedented sanctions pressure on the Russian Federation, there is an increasing need to search for alternative tools for making settlements on cross-border payments outside the banking system. In this regard, the issue of detailing the procedure for legal regulation of the circulation of digital currencies in the Russian Federation becomes relevant. In the article, the author analyzes the latest legislative changes in terms of legal regulation of digital currency mining, proposed in the Federal Law of 08.08.2024 No 221-FZ "On Amendments to Certain Legislative Acts of the Russian Federation". In the article the existing doctrinal approaches to the definition of the concept of "mining" of digital currency and proposed approaches to the legal regulation of entities that can carry out operations in the field of digital currency mining and the main requirements for them are analyzed. As a result of the study, a positive assessment of the changes made to the legislation, which initiated the process of legal regulation of the circulation of digital currencies, was made, but it was established that at the moment the process of exchanging digital currencies for fiat money and the process of transferring digital currencies from one person to another still remains outside the framework of legal regulation. In order to protect the rights and legitimate interests of persons carrying out transactions of the exchange of digital currencies for fiat money and the transfer of digital currencies from one person to another, it seems necessary to expand the range of subjects in the field of digital currency circulation by including a new subject – the operator of the exchange of digital currencies. It is proposed to add a new subject in the Federal Law of 31.07.2020 No 259-FZ.
Andrianova N.G. —
Financial Legal Aspects of the Use of Digital Tools in International Settlements
// Law and Politics. – 2024. – ¹ 6.
– P. 41 - 50.
DOI: 10.7256/2454-0706.2024.6.71051
URL: https://en.e-notabene.ru/lpmag/article_71051.html
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Abstract: In the context of sanctions pressure on the Russian Federation, active search for alternative mechanisms for carrying out international settlements outside the use of the banking system is needed. In the article the problems and prospects for the use of such digital instruments as digital rights (digital financial assets, utilitarian digital rights), digital currency and digital ruble for international settlements are analyzed. The changes that came into force in March 2024, which allowed the use of digital financial assets and utilitarian digital rights for international settlements, are analyzed. The main problems and risks of the use of digital currencies (cryptocurrencies) for international settlements have been considered. An analysis of possible ways to start international settlements in central bank digital currencies was carried out. In this study, the following methods were used: analysis, synthesis, deduction, induction, formal legal method. Based on the results of the study on the use of digital tools as alternative mechanisms for international settlements in the face of sanctions pressure, it was found that mechanisms with a lower level of risk are international settlements using central bank digital currencies and digital rights (digital financial assets and utilitarian digital rights). It was proposed to develop a mechanism that allows international settlements using foreign digital financial assets to increase the attractiveness of an alternative settlement tool for non-residents. It was established that the emergence of the possibility of making international settlements using digital financial assets and utilitarian digital rights will entail the need to improve the rules for currency control over such transactions. The legal regime for the use of cryptocurrencies for international settlements should provide detailed conditions for its use by most exporters and importers, which will allow it to be used as an alternative mechanism for settlements in the context of economic sanctions.
Andrianova N.G. —
Digital Ruble: Features of Financial Legal Regulation
// Legal Studies. – 2023. – ¹ 8.
– P. 31 - 38.
DOI: 10.25136/2409-7136.2023.8.43816
URL: https://en.e-notabene.ru/lr/article_43816.html
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Abstract: The features of the financial legal regulation of the digital ruble are analyzed in the article. The author analyzes the key provisions of the Digital Ruble Concept proposed by the Bank of Russia, as well as the latest amendments to the legislation introduced at the end of July 2023, regulating the specifics of the legal regulation of the digital ruble. It is indicated that the allocation of the digital ruble as a separate form of money was carried out by the Bank of Russia in the economic aspect, the digital form of the Russian national currency by its legal nature refers to non-cash funds. The definitions of the concepts of "digital ruble", "digital currency" and "cryptocurrency" are analyzed in the article, their main features are highlighted. As a result of the study, the author has found that the digital form is common to the digital ruble, digital currencies and cryptocurrencies. The digital ruble is a Central Bank digital currency and cannot be classified as a digital currency. Unlike digital currencies, the digital ruble is legal tender on the territory of the Russian Federation and refers to fiat money. These essential features of the digital ruble make it possible to conclude that it is impossible to apply Federal Law No. 259-FZ of 31.07.2020 "On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation" to the regulation of the digital ruble and on the implementation of legal regulation of the digital ruble mainly by the rules of financial legislation.
Andrianova N.G. —
Approaches of international organizations to determining the essence of cryptocurrencies
// International Law and International Organizations. – 2023. – ¹ 2.
– P. 61 - 69.
DOI: 10.7256/2454-0633.2023.2.41023
URL: https://en.e-notabene.ru/mpmag/article_41023.html
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Abstract: The active development of cryptocurrencies around the world began about 10 years ago, but despite the rather long period of time, the world has not yet developed a unified approach to understanding the essence of cryptocurrencies and the general rules for their legal regulation. This article examines the essence of cryptocurrencies from the standpoint of a general theoretical approach, and also analyzes the positions of international organizations regarding the definition of the essence of cryptocurrencies. The creation of a common approach to determining the essence of cryptocurrencies at the global level will make it possible to choose a single most optimal approach to the issue of their further legal regulation by countries at the national level. The analysis allowed to conclude that the concept of cryptocurrencies can be considered in several different aspects, each of which has its own specifics, but at the same time reflects the essential features of cryptocurrencies. Many international organizations classify cryptocurrencies as virtual/digital currencies, noting, at the same time, the significant risks of their use and the need to create a coordinated and systematic regulation of the sphere of cryptocurrency turnover to reduce the ways and possibilities of their illegal use.