PROSPECTS FOR THE ESTABLISHMENT OF CRIMINAL LEGAL PROHIBITIONS IN THE SEGMENT OF THE INNOVATIVE FINANCIAL MARKET

The innovative financial market is the most promising direction for the development of the country’s economy. The financial attractiveness of digital financial assets provokes the development of the shadow part of this sector. But criminal law protection mechanisms should work to prevent, but without unnecessary interference with the actual economic relations within the system between bona fide participants in the innovative financial market. Based on the analysis of the strategic planning documents of the Bank of Russia, the results of the work of the first innovative platforms, a forecast is presented for the establishment of a criminal law regime for the innovative financial market, the essence of which is to prohibit the participation of illegal participants in the financial services market under threat of criminal liability. The formulation of criminal law prohibitions related to the violation of CFA turnover is still premature, because The regulatory legal framework is at the stage of formation, only the “framework” conditions for legal regulation of the Federal Law “On Digital Financial Assets, Digital Currency and Amendments to Certain Legislative Acts of the Russian Federation” and the Federal Law “On Attracting Investments using Investment Platforms and on Amendments to Certain Legislative Acts of the Russian Federation” have been defined. An attempt to synchronize the signs of the elements of crimes provided for in Articles 185-185.6 of the Criminal Code of the Russian Federation cannot give positive results.

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Publication Details

Journal
LEGAL ORDER History Theory Practice
Published
2024-10-21
DOI
https://doi.org/10.47475/2311-696x-2024-42-3-150-154
Primary Topic
Securities Regulation and Market Practices
Type
article
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article

PROSPECTS FOR THE ESTABLISHMENT OF CRIMINAL LEGAL PROHIBITIONS IN THE SEGMENT OF THE INNOVATIVE FINANCIAL MARKET

Светлана Шевелева
LEGAL ORDER History Theory Practice
Securities Regulation and Market Practices
article

PROSPECTS FOR THE ESTABLISHMENT OF CRIMINAL LEGAL PROHIBITIONS IN THE SEGMENT OF THE INNOVATIVE FINANCIAL MARKET

Светлана Шевелева
article en

Abstract

The innovative financial market is the most promising direction for the development of the country’s economy. The financial attractiveness of digital financial assets provokes the development of the shadow part of this sector. But criminal law protection mechanisms should work to prevent, but without unnecessary interference with the actual economic relations within the system between bona fide participants in the innovative financial market. Based on the analysis of the strategic planning documents of the Bank of Russia, the results of the work of the first innovative platforms, a forecast is presented for the establishment of a criminal law regime for the innovative financial market, the essence of which is to prohibit the participation of illegal participants in the financial services market under threat of criminal liability. The formulation of criminal law prohibitions related to the violation of CFA turnover is still premature, because The regulatory legal framework is at the stage of formation, only the “framework” conditions for legal regulation of the Federal Law “On Digital Financial Assets, Digital Currency and Amendments to Certain Legislative Acts of the Russian Federation” and the Federal Law “On Attracting Investments using Investment Platforms and on Amendments to Certain Legislative Acts of the Russian Federation” have been defined. An attempt to synchronize the signs of the elements of crimes provided for in Articles 185-185.6 of the Criminal Code of the Russian Federation cannot give positive results.

LEGAL ORDER History Theory PracticeVol. 42(3)
Southwest Minnesota State University (US)
Openalex Percentile: Top 64%
Securities Regulation and Market Practices
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