The Potential of Criminal Legislation in the Field of Counteraction to Crimes Related to Cryptocurrency

Abstract

The study of certain indicators of modern crime related to the use of information and telecommunication technologies allows us to state a steady growth of cryptocurrencies both globally and in Russia. In the Russian Federation a legal and regulatory framework for the regulation of digital rights is actively forming, but the criminal law means, which are important for the prevention of cryptocrime, need to be adjusted, because in light of the emerging trend of commercialization and informatization of crime, primarily – transnational organized crime – the areas of criminal use of digital currency are constantly expanding. The article provides analytical data of companies conducting research in the field of cryptocurrency and blockchain, analyzes the areas of criminal use of cryptocurrency, provides an overview of existing criminal law means of combating these crimes, considers the problems of criminal liability for such crimes related to cryptocurrency as legalization (laundering) of money or other property acquired by a person as a result of his crime or acquired by other persons by criminal means; stealing and expropriation of funds or other property. On the basis of a comprehensive analysis of individual features of these corpus delicti the authors formulate possible options to improve the criminal law means of combating the use of cryptocurrency for criminal purposes.