PDF: |
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Author(s): |
Sukhomlinov N. M., |
Number of journal: |
2(71) |
Date: |
June 2025 |
Annotation: |
The article is devoted to the public legal regulation of mining and the stages of its formation in Russia. During the review of the first stage, which lasted until August 2024, the main views of researchers on the legal nature of mining and the directions of its regulation are given. The key problems of this stage are highlighted, the arguments of supporters and opponents of mining for the legalization of mining in Russia are presented, and the role of economic research is also touched upon, which proposed criteria for evaluating the effectiveness of mining activities. A detailed analysis of the work of the second stage, which was marked by the legalization of mining and the adoption of legislative provisions dedicated to it, notes the significant role of the adopted law in consolidating the conceptual and categorical apparatus of almost all mining entities, depending on the functions of each and the powers of public authorities in this area. At the same time, it is pointed out that this law regulates only the issues of energy consumption and taxation of mining against the background of a much larger number of other important unresolved issues that were repeatedly discussed even before the start of work on the mining bill both in the scientific community and in the Government of the Russian Federation and the Federal Assembly of the Russian Federation. Due to the recent work on the regulatory framework for mining and the lack of consensus on many legal issues of its implementation in Russia, the author refers to the experience of foreign countries that have achieved significant results. Based on the results of the study, it is concluded that it is advisable to recognize mining as an entrepreneurial activity and further work on its regulation, for which the author’s definitions of digital entrepreneurship, mining associations and other terms are given. There are additional types and participants of mining that are not mentioned in the legislation, but whose activities require regulation. It talks about the rationality of a differentiated approach to the legal regulation of mining, depending on the type of equipment used, the type of mining and the blockchain platform. It is also proposed to introduce free circulation of digital currency within the framework of experimental legal regimes for the development of this sphere. |
Keywords: |
mining, digital currency, mining infrastructure,
mining infrastructure operator, cloud mining, mining pool,
cryptocurrency, digital financial asset exchange operators,
crypto exchange, digital entrepreneurship |
For citation: |
Sukhomlinov N. M. Legal regulation of mining in Russia. Biznes. Obrazovanie. Pravo = Business. Education.
Law. 2025;2(71):216—221. DOI: 10.25683/VOLBI.2025.71.1257. |