虚拟资产易受非法资金流动的影响

V. Rysin, N. Rysin
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摘要

在过去的几年里,虚拟资产在市场上变得越来越普遍,这体现在与它们的交易增长和加密货币市场资本化的快速增长上。国际社会和各国政府已经出台了虚拟资产市场的监管规定,但透明度仍然很低。这带来了使用虚拟资产作为各种洗钱或恐怖主义融资计划工具的风险。本文的目的是确定虚拟货币在影子现金流影响下的潜在脆弱性,并评估规范其流通和防止将这些资产用于洗钱目的的现有方法。本文重点介绍了世界实践中制定的确定虚拟货币法律地位及其国家监管的标准,评估了乌克兰引入虚拟资产流通监管的过程。监管不完善和市场监测经验不足导致虚拟资产容易被用于非法现金流动,特别是用于洗钱计划。作者还指出了虚拟货币的其他一些脆弱性,包括它们可能被用于金融欺诈、逃税、虚拟货币的不稳定性、对其流通的有限控制,以及对市场参与者权利的低水平保护。克服这些漏洞需要公共和私营部门的共同努力,其目的应是为犯罪资本进入虚拟资产市场创造保障措施,并确保市场透明度,保护参与者的利益免受潜在损失和可能的欺诈。虚拟资产市场是金融市场的一个创新和有发展前景的细分市场,因此我们认为对其进行有效监管的重要任务是促进合法交易并将其与非法交易明确区分开来。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Vulnerability of virtual assets to illicit financial flows
Over the last few years, virtual assets have become more widespread in the market, which has manifested itself both in the growth of transactions with them and in the rapid growth of the capitalization of the cryptocurrency market. The international community and individual governments have introduced regulations for the virtual asset market, but the degree of transparency remains low. This poses risks of using virtual assets as a tool for various schemes of money laundering or terrorist financing. The purpose of the article is to identify potential vulnerabilities of virtual currencies to the impact of shadow cash flows, as well as to assess existing approaches to regulating their circulation and prevent the use of these assets for money laundering purposes. The article highlights the standards developed in world practice for determining the legal status of virtual currencies and their state regulation, assesses the process of introducing regulation of the circulation of virtual assets in Ukraine. Imperfect regulation and insufficient experience in market monitoring lead to the vulnerability of virtual assets to their use in the movement of illicit cash flows, in particular in the schemes of money laundering. The authors identified some other vulnerabilities in virtual currencies, including the possibility of their use for financial fraud, tax evasion, instability of virtual currencies, limited control over their circulation, as well as the low level of protection of the rights of market participants. Overcoming these vulnerabilities requires a combination of public and private sector efforts, which should be aimed at creating safeguards for criminal capital to enter the virtual asset market, as well as to ensure market transparency and protect the interests of participants from potential losses and possible fraud. The virtual asset market is an innovative and promising segment of the financial market, so we consider the important task of its effective regulation to stimulate legal transactions and clearly separate them from illegal transactions.
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