On the status of the crypto currency in Russian and foreign law

Abstract

The paper considers domestic and foreign approaches to the definition of virtual currency as an object of civil rights. The main attention is paid to the laws of Japan on the legal regulation of the crypto currency, the recommendations of the Swiss financial regulator and the main trends in the development of the crypto-currency market in Germany. On the basis of the data studied, the author reasonably states that the international community is not ready to develop common criteria for combating the legalization of criminal proceeds and the financing of terrorism in the sphere of regulating the turnover of crypto-currencies and proposes an analysis of doctrinal positions regarding the legal nature of crypto-currencies and tokens.Thus, the subject of the study was the main scientific and practical approaches to the definition of the object of civil rights in terms of their adaptability to cryptocurrencies. The objectives of the work are the search for a universal algorithm for resolving civil disputes related to the circulation of crypto currency in Russian and foreign judicial practice. Through the use of historical, comparative legal and dialectical methods, as well as the method of content analysis, Parallels were drawn between cryptocurrencies and individual objects of civil rights (property item, property rights, other property).