To the Question of Legal Responsibility for the Use of Cryptal Currencyin Production

Abstract

The article discusses the categories of “blockchain” and “mining”, problems of legal regulation of cryptocurrency and tokens both in Russia and abroad. Using the capabilities of the system analysis method, formal logic, as well as linguistic and philological techniques and methods of research, the author comments on the norms of the current criminal and administrative legislation on responsibility for the use of cryptocurrency in the calculations.It is concluded that there are significant shortcomings in this area, which does not allow to regulate these public relations in the most efficient way. The fact that modern public law of Russia initially incorrectly interprets the economic and information technology nature of cryptocurrency is noted as a significant drawback, and therefore the legislator leaves the actual issues of cryptocurrency circulation in transactions outside the scope of its regulatory interest. Attention is drawn to the significant shortcomings of the legislative technique, “law-making tongue-tied”, which not only does not contribute to the effective legal regulation of these issues, but also undermines respect for the law as a normative legal act with the highest (with the exception of constitutional acts) legal force in any state.

Keywords

• cryptocurrency
• blockchain
• mining
• bitcoin
• currency