Emergence and Exercise of Digital Currency Rights

This article considers the ways of storing and transferring digital currency in order to determine when the rights to digital currency arise. In order to comprehensively consider the issue, attention is also paid to the essence of digital currency. As a result of the study it is concluded that it is necessary to recognise digital currency as property at the legislative level. The study identifies custodial and non-custodial ways of holding digital currency. The main ways of transferring digital currency within the framework of Blockchain technology are also identified, namely: transferring digital currency by giving an order and its processing by communication nodes (direct transfer); transferring digital currency by transferring a private key to the wallet; transferring digital currency by transferring within the loop of the custodial wallet operator’s platform. The variants of determining the moment when the rights to digital currency arise within each of the above methods of transferring digital currency are proposed. The law enforcement practice in terms of establishing the fact of possession of digital currency is also considered.