Actual problems of regulatory consolidation of the cryptocurrency in the Russian Federation

The subject of the study is the phenomenon of cryptocurrency, current problems of legal regulation and prospects for legislative development in the Russian Federation. Despite the rapid spread in the economic and financial space, this type of currency actually found itself outside the field of view of the Russian legislator, which in practice creates numerous problems, aggravated by the lack of unity of views on explaining its essential aspects in the modern scientific environment. The purpose of the work is a thorough consideration of the provisions of substantive law that characterize such a fundamentally new segment of public relations as illegal activities with cryptocurrency. The objectives of the research are a detailed examination of the theoretical, legal, economic and conceptual aspects of cryptocurrency in the doctrine and current legislation of the Russian Federation. A wide range of general scientific and private scientific methods was used in the research, including forecasting, modeling, and formal law. Their application allowed us to develop the most effective ways to eliminate the identified problems. For example, using the forecasting method, it was possible to construct a model of legal regulation of cryptocurrency values in the Russian Federation. Development of an optimal model of legal regulation and improvement of criminal law tools for countering the use of cryptocurrencies for criminal purposes. In contrast to the studies that previously existed in the legal doctrine, this work for the first time concludes that it is necessary to comprehensively amend various branches of the current law. The author of the article analyzes the legislative and doctrinal uncertainty of the concept of cryptocurrency, pointing out its "defects". Through the analysis of judicial practice and the opinions of reputable jurists, it is proved that the problematic field of Russian legislation is the status of cryptocurrency, which is relevant due to its multifaceted practical significance in the context of informatization of public relations. It is concluded that it is necessary to classify cryptocurrency valuables as "other property", which should be reflected in both civil and criminal law. The possibility of recognizing cryptocurrencies as the subject of theft, as well as the subject of confiscation, has been determined. The practical significance of the conclusions is proved. The introduction of the proposed amendments to Articles 128 of the Civil Code of the Russian Federation and Article 158 of the Criminal Code of the Russian Federation will help optimize law enforcement practice in terms of countering the illicit trafficking of various types of cryptocurrencies. The results obtained can be used in the course of improving the current Russian legislation.