加密货币作为公法和私法监管的对象

I. Tsindeliani, M. Egorova
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引用次数: 2

摘要

这项研究的目的是确定俄罗斯联邦加密货币的法律现状。这项研究提出的假设需要深刻参考现有的和拟议的立法以及一些国际、超国家和国家管理机构的声明。本研究采用定性研究方法,并以描述性研究为主。理论和比较法研究也是本文的核心,因为它们使作者能够识别,分析和综合许多外国(包括欧盟)和俄罗斯法律。因此,基于新技术突破的新制度的出现和现有制度的现代化,无疑会影响到处于变革影响下的已经存在的制度。货币,作为金融的核心,已经失去了其物质形式的表达和调节属性,经济中出现了替代工具,准备作为这一传统机构的替代品。货币和货币机制的替代方案将影响调节经济关系和整个国家金融体系的基本工具——垄断货币发行。加密货币的性质,它的特征不可能完全归因于支付手段,证券或财产。在现有的国际社会中,加密货币缺乏一个单一的焦点。只有对加密货币的进步观点和现代法律监管,才能为加密货币领域的法律关系,最重要的是安全关系的发展创造条件。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Cryptocurrency as Object of Regulation by Public and Private Law
The aim of this study is to establish the legal status quo of cryptocurrencies in the Russian Federation. The hypothesis presented by this study requires a profound reference to existing and proposed legislation as well as to the statements of a number of international, supranational and national regulatory bodies. This study uses qualitative research methods, and primarily consists of descriptive research. Doctrinal and comparative law research also lie at the very heart of this paper as they enable the author to identify, analyze and synthesize a number of foreign (incl. EU), and Russian laws. As a result, the emergence of new institutions and the modernization of existing ones, based on new technological breakthroughs, undoubtedly affect the already existing institutions that are under the influence of changes. Money, which is at the heart of finance, already loses its material forms of expression and regulating properties, alternative tools emerge in the economy that are ready to act as alternatives to this traditional institution. The alternative to money and monetary mechanisms will affect the basic instrument for regulating economic relations and the financial system of the state as a whole - a monopoly on the issue of currency. The nature of cryptocurrency, its features do not make it possible to attribute it entirely either to the means of payment, or to securities, or property. In the existing international community, cryptocurrency lacks a single focal point. Only a progressive view and modern legal regulation of cryptocurrency will create conditions for the development of legal and, most importantly, safe relations in the field of cryptocurrency.
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