To the Question of Legal Responsibility for the Use of Cryptal Currencyin Production
The article discusses the categories of “blockchain” and “mining”, problems of legal regulation of cryptocurrency and tokens both in Russia and abroad. Using the capabilities of the system analysis method, formal logic, as well as linguistic and philological techniques and methods of research, the a...
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| Format: | Article |
| Language: | Russian |
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Omsk Law Academy
2020-11-01
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| Series: | Сибирское юридическое обозрение |
| Subjects: | |
| Online Access: | https://slr.elpub.ru/jour/article/view/118 |
| _version_ | 1818613500196421632 |
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| author | A. A. Maksurov |
| author_facet | A. A. Maksurov |
| author_sort | A. A. Maksurov |
| collection | DOAJ |
| description | The article discusses the categories of “blockchain” and “mining”, problems of legal regulation of cryptocurrency and tokens both in Russia and abroad. Using the capabilities of the system analysis method, formal logic, as well as linguistic and philological techniques and methods of research, the author comments on the norms of the current criminal and administrative legislation on responsibility for the use of cryptocurrency in the calculations.It is concluded that there are significant shortcomings in this area, which does not allow to regulate these public relations in the most efficient way. The fact that modern public law of Russia initially incorrectly interprets the economic and information technology nature of cryptocurrency is noted as a significant drawback, and therefore the legislator leaves the actual issues of cryptocurrency circulation in transactions outside the scope of its regulatory interest. Attention is drawn to the significant shortcomings of the legislative technique, “law-making tongue-tied”, which not only does not contribute to the effective legal regulation of these issues, but also undermines respect for the law as a normative legal act with the highest (with the exception of constitutional acts) legal force in any state. |
| first_indexed | 2024-12-16T16:03:06Z |
| format | Article |
| id | doaj.art-360cb38c22db480288c93feee19cd815 |
| institution | Directory Open Access Journal |
| issn | 2658-7602 2658-7610 |
| language | Russian |
| last_indexed | 2024-12-16T16:03:06Z |
| publishDate | 2020-11-01 |
| publisher | Omsk Law Academy |
| record_format | Article |
| series | Сибирское юридическое обозрение |
| spelling | doaj.art-360cb38c22db480288c93feee19cd8152022-12-21T22:25:26ZrusOmsk Law AcademyСибирское юридическое обозрение2658-76022658-76102020-11-01154428433117To the Question of Legal Responsibility for the Use of Cryptal Currencyin ProductionA. A. Maksurov0P. G. Demidov Yaroslavl State University; School of Law at Sorbonne University of ParisThe article discusses the categories of “blockchain” and “mining”, problems of legal regulation of cryptocurrency and tokens both in Russia and abroad. Using the capabilities of the system analysis method, formal logic, as well as linguistic and philological techniques and methods of research, the author comments on the norms of the current criminal and administrative legislation on responsibility for the use of cryptocurrency in the calculations.It is concluded that there are significant shortcomings in this area, which does not allow to regulate these public relations in the most efficient way. The fact that modern public law of Russia initially incorrectly interprets the economic and information technology nature of cryptocurrency is noted as a significant drawback, and therefore the legislator leaves the actual issues of cryptocurrency circulation in transactions outside the scope of its regulatory interest. Attention is drawn to the significant shortcomings of the legislative technique, “law-making tongue-tied”, which not only does not contribute to the effective legal regulation of these issues, but also undermines respect for the law as a normative legal act with the highest (with the exception of constitutional acts) legal force in any state.https://slr.elpub.ru/jour/article/view/118cryptocurrencyblockchainminingbitcoincurrency |
| spellingShingle | A. A. Maksurov To the Question of Legal Responsibility for the Use of Cryptal Currencyin Production Сибирское юридическое обозрение cryptocurrency blockchain mining bitcoin currency |
| title | To the Question of Legal Responsibility for the Use of Cryptal Currencyin Production |
| title_full | To the Question of Legal Responsibility for the Use of Cryptal Currencyin Production |
| title_fullStr | To the Question of Legal Responsibility for the Use of Cryptal Currencyin Production |
| title_full_unstemmed | To the Question of Legal Responsibility for the Use of Cryptal Currencyin Production |
| title_short | To the Question of Legal Responsibility for the Use of Cryptal Currencyin Production |
| title_sort | to the question of legal responsibility for the use of cryptal currencyin production |
| topic | cryptocurrency blockchain mining bitcoin currency |
| url | https://slr.elpub.ru/jour/article/view/118 |
| work_keys_str_mv | AT aamaksurov tothequestionoflegalresponsibilityfortheuseofcryptalcurrencyinproduction |