Cryptoassets as Contemporary Threats to the Economic Security of the Country

Jacek Charatynowicz
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引用次数: 1

Abstract

Aim: The aim of this article is to present the conclusions of a research conducted in the area of identifying threats to the economic interests of the state related to the trading of cryptoassets, as well as the presentation of legal solutions functioning in the cryptoasset environment and possible remedial actions to be taken by the state authorities competent in this regard. Introduction: Due to the technological features, undefined legal status, regulatory and organizational risks of this instrument, the threats related to the trading of cryptoassets are one of the most important current threats from the point of view of the economic security of the country. They are identified both by domestic and foreign financial market supervision authorities, tax and law enforcement authorities, and those dealing with counteracting money laundering and the financing of the terrorists. The article presents the identified risk areas, legal regulations in the field of trading in these assets, and regulatory perspectives. An attempt was also made to describe the actions necessary to be taken to mitigate the threats. Methodology: In this work, theoretical research was used, such as: analysis of literature, on legal and strategic studies as well as industry literature, synthesis, generalization and inference. In addition, analysis was carried out of the legal acts related to the regulation of the market of cryptoassets, international strategic documents describing this market and the Polish financial supervision. Draft legal acts of a legislative nature were also presented. Conclusions: The market of cryptoassets is subject to constant legal, organizational and institutional transformations. Its socio-economic environment is also changing. Due to the characteristics of cryptoassets, their dispersed and unregulated nature, institutions of this market, both entities participat - ing in transaction brokerage, as well as natural persons, can be used for money laundering, concealing property from various forms of crime. However, the identified vulnerabilities do not pose a significant threat to the economic security of the country – they are of a sectoral nature. The relevant state institutions undertake specific activities in order to counteract threats, both of a legal, institutional and organizational nature. Keywords: cryptoassets, threats to economic security, legal regulations in the area of cryptoassets, counteracting money laundering and financing of terrorism, mitigation of threats related to cryptoassets Type of article: review article
加密资产对国家经济安全的当代威胁
目的:本文的目的是介绍在识别与加密资产交易相关的国家经济利益威胁领域进行的一项研究的结论,以及在加密资产环境中发挥作用的法律解决方案的介绍,以及在这方面主管的国家当局可能采取的补救行动。导言:由于该工具的技术特点、未定义的法律地位、监管和组织风险,从国家经济安全的角度来看,与加密资产交易相关的威胁是当前最重要的威胁之一。它们是由国内外金融市场监管当局、税务和执法当局以及反洗钱和资助恐怖分子的部门确定的。本文介绍了确定的风险领域,这些资产交易领域的法律法规以及监管观点。会议还试图说明为减轻这些威胁而必须采取的行动。方法论:本工作采用理论研究方法,如:文献分析、法律研究、战略研究、行业文献、综合、归纳、推理等。此外,还分析了与加密资产市场监管相关的法律行为、描述该市场的国际战略文件和波兰金融监管。还提出了具有立法性质的法律草案。结论:加密资产市场受到不断的法律、组织和制度变革的影响。中国的社会经济环境也在发生变化。由于加密资产的分散和不受监管的特性,这个市场的机构,无论是参与交易经纪的实体,还是自然人,都可以被用来洗钱,隐藏财产免受各种形式的犯罪。然而,已查明的脆弱性并不对该国的经济安全构成重大威胁- -它们是部门性的。有关的国家机构开展具体活动,以消除法律、体制和组织性质的威胁。关键词:加密资产,对经济安全的威胁,加密资产领域的法律法规,打击洗钱和恐怖主义融资,减轻与加密资产相关的威胁。文章类型:评论文章
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