Suspension of Disposal of Digital Currency in Criminal Proceedings: The Procedural Mechanism and Judicial Practice

The article, drawing on Russian judicial practice and the doctrine of criminal procedure, examines the suspension of disposal of digital currency as a form of seizure of property. The analysis highlights the specific features of digital currency as an object of seizure and confiscation and explores the relationship between Articles 111 and 115 of the Criminal Procedure Code of the Russian Federation and special legislation on digital assets with law-enforcement decisions in cases involving illicit drug trafficking and the laundering of criminal proceeds. The article further examines the significance of Federal Law No. 38-FZ of February 20, 2026, which recognized digital currency as property for the purposes of criminal law and established special rules for its seizure (Parts 7.1–7.2 of Article 115 of the Criminal Procedure Code of the Russian Federation) and the procedure for its seizure during investigative actions (Article 164.2 of the Criminal Procedure Code of the Russian Federation). The paper describes models of digital currency flows in criminal cases, the procedural steps taken by investigators and courts when preparing and considering motions for seizure, as well as the set of technical actions and practical guidelines for cooperation between investigative authorities, courts, Rosfinmonitoring, credit institutions and operators of exchange services.

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Publication Details

Journal
Russian investigator
Published
2026-11-03
DOI
https://doi.org/10.18572/1812-3783-2026-11-19-23
Primary Topic
Education, Law, and Society
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article
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article

Suspension of Disposal of Digital Currency in Criminal Proceedings: The Procedural Mechanism and Judicial Practice

Виктор Сергеевич Мельник
Russian investigator
Education, Law, and Society
article

Suspension of Disposal of Digital Currency in Criminal Proceedings: The Procedural Mechanism and Judicial Practice

Виктор Сергеевич Мельник
article en

Abstract

The article, drawing on Russian judicial practice and the doctrine of criminal procedure, examines the suspension of disposal of digital currency as a form of seizure of property. The analysis highlights the specific features of digital currency as an object of seizure and confiscation and explores the relationship between Articles 111 and 115 of the Criminal Procedure Code of the Russian Federation and special legislation on digital assets with law-enforcement decisions in cases involving illicit drug trafficking and the laundering of criminal proceeds. The article further examines the significance of Federal Law No. 38-FZ of February 20, 2026, which recognized digital currency as property for the purposes of criminal law and established special rules for its seizure (Parts 7.1–7.2 of Article 115 of the Criminal Procedure Code of the Russian Federation) and the procedure for its seizure during investigative actions (Article 164.2 of the Criminal Procedure Code of the Russian Federation). The paper describes models of digital currency flows in criminal cases, the procedural steps taken by investigators and courts when preparing and considering motions for seizure, as well as the set of technical actions and practical guidelines for cooperation between investigative authorities, courts, Rosfinmonitoring, credit institutions and operators of exchange services.

Russian investigator
Moscow Academy of the Investigative Committee of the Russian Federation (RU)
Openalex Percentile: Top 6%
Education, Law, and Society
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