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LEGAL REGULATION OF TRANSACTIONS WITH DIGITAL FINANCIAL ASSETS

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PDF: Author(s): Tatoyan A. A.,
Number of journal: 4(61) Date: November 2022
Annotation:

Digital financial assets (crypto assets) have become widespread after the consolidation of digital rights as objects of civil rights in civil legislation and the adoption of a special law regulating transactions with these assets. Currently, the issues of legal regulation of transactions with digital financial assets have not received an unambiguous solution, due to the short practice of introducing digital financial assets into civil circulation. The legal regulation of digital financial assets is associated with the adoption of the relevant federal law, however, along with this, legal relations related to the implementation of transactions with digital financial assets have complex regulation, since they are regulated by the norms of various branches of law. The Russian legislator focuses the content of digital financial assets on digital rights and the specifics of their civil law regulation. Since the emergence of digital financial assets is due to the formation of the digital economy, transactions with digital financial assets are also regulated by financial and legal norms. Taxation is recognized as the main direction of financial and legal regulation of transactions with digital financial assets. It is noted that until recently, the legislation did not regulate the specifics of taxation of transactions with digital financial assets, in connection with which the author analyzes the taxation regimes used in the legislation of foreign countries. The process of organizing and implementing the turnover of digital financial assets is mostly self-regulated by information system operators, in connection with which the author highlights the positive and negative aspects of such self-regulation, and also points out the need to develop, implement and legislate uniform requirements for such systems, which will improve the effectiveness of monitoring operations with digital financial assets.

Keywords:

digital financial assets, legal regulation, taxation, information systems, digital rights, crypto asset, legal regime, exchange operator, self-regulation, token, tax administration

For citation:

Tatoyan A. A. Legal regulation of transactions with digital financial assets. Business. Education. Law, 2022, no. 4, pp. 253—257. DOI: 10.25683/VOLBI.2022.61.469.