Socio-legal conditionality of criminal law counteraction to crimes in the field of illicit trafficking in digital financial assets and digital currency

In the modern world, digital financial assets and digital currency are no longer new, these financial instruments have firmly entered the financial and economic field and continue to develop with confidence, attracting more and more people's attention. However, in Russian law, the turnover of digital financial assets and digital currency has been settled relatively recently and cannot be said to be fully fledged. A study of the legislation of the Russian Federation in this area makes it clear that it is still in the process of being formed. This situation does not leave without attention intruders who have the opportunity to carry out various kinds of illegal acts that violate the order of legal turnover of digital financial assets and digital currency. The subject of research in this article is social and legal factors that determine the need to implement criminal law counteraction to crimes in the field of illicit trafficking in digital financial assets and digital currency. The methodological basis of the work is based on the dialectical method, which made it possible to establish the legal and social issues of the need for criminal legal counteraction to illicit trafficking in digital financial assets and digital currency, the method of induction, deduction, as well as comparative legal, statistical, formal and logical methods. The scientific novelty of the research is expressed in the identification of social and legal factors that necessitate the implementation of criminal counteraction to the illicit trafficking of digital financial assets and digital currency. The author has clearly identified social and legal factors that indicate the need to protect the institution of legal circulation of digital financial assets and digital currency from unlawful encroachments. In conclusion, the author came to the conclusion that the development of digital financial instruments is already an irreversible process that is constantly being modernized, which simultaneously opens up new opportunities for society, but at the same time creates serious threats to the security of the financial system of the state. The legislation regulating the legal turnover of digital financial assets and digital currency is dispersed across various legal acts and has visible gaps that are very favorable for criminal activity, which is why the criminal law investigation of the illicit trafficking of digital financial assets and digital currency has a high socio-legal need.