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The Russian main federal research body proposes a new legislation for Bitcoin that could potentially criminalize its transfer via third.
The Russian Investigation Committee made a proposal that could potentially influence the cryptocurrency market in the country. At the beginning of February, the Alexander Bastrykin agency president announced during the extended meeting of the Committee that the Committee proposed legally to recognize the crypto currency as assets, the Russian news Interfax reports.
He also suggested criminal responsibility for the transfer of electronic instruments to pay on third parties. Russian legal experts interviewed by Crypto.news has been divided into whether the crypto currency is under that mandate. But one thing is clear: if approved, changes would make clear rules on how the curine of currency can be taken away or seized during the investigation.
From the time of the press, the Russian law does not have a standardized way to cope with a crypto currency in criminal cases. However, that could change soon. The proposed amendments would officially classically classic as assets, allowing the authorities to treat this as evidence. The new rules would also set guidelines for freezing and seizure of the Crypto Currency.
One key question that the Committee is resolved in its call is illegal use of third-party bank accounts-which are often called “droplets”-how to make it easier to transactions with the cryptocurrency valut. Because of this, the authorities propose criminal responsibility.
According to Russian law, electronic payment instruments refer to methods that allow individuals to manage and transfer funds through electronic systems, such as bank cards or digital wallets. But when it comes to cryptocurrency currency, enforcement of the law faces technical challenges in identifying and monitoring illegal transactions.
Vladimir Sobinsky, a legal expert at Drc’s law firm, who represented Binance in 2020, explained in the Crypto.news comment that the question of how cryptocurrencies was bought in Russia. Many newborns crypto rely on peers of centralized crypto exchange, he says.
There they basically “bought access” to someone else’s banking app because Russian banking rules limit their ability to buy cryptocurrencies directly. This mechanism of technical account is being used as droplets, Sobinsky explains.
“In most cases, this is due to the fact that when they often carry out the crypto or sell transactions, the user-blocked bank card cards according to the Federal Law 115-FL and are forced to close their accounts. As a result, an individual who often buys and sells cryptocurrencies forced is to ‘buy an approach to’ third party banking application to carry out transactions through your account, effectively using the falling services for their purposes.
Vladimir Sobinsky
Bastykin’s proposal seems to criminalize this practice in an effort to suppress an increasing number of crimes associated with the cryptocurrency currency, especially those involving young individuals. Sobinsky says droplets are often “young or migrants” who are ready to “sell access to” their bank account for 50,000-60,000 Russian rubles (about $ 500-600).
According to the Russian Research Committee, there were 10% increase in digital crimes in 2024 compared to the previous year, with almost one of five such criminal offenses committed by individuals younger than the age of the majority. However, it is unclear how much it included cryptocurrencies.
Although the idea of criminal liability for the transfer of electronic instruments for payment is clear, whether it refers to the cryptocurrency of the banknotes. Sobinsky says crypto wallets are not considered electronic payment instruments. Nevsky IP Law, another Russian company that also represented binans in court, believes they are.
“(…) In terms of cryptocurrencies, electronic payment instruments include both digital and hardware wallets. The initiative to criminalize the transmission of such electronic instruments to pay for the nominee parties is understandable. In the case of bank cards, law enforcement, regulatory bodies and the bank itself knows who performs a transaction . With the currency, the wallet is often known, but not a specific individual. “
Ruslan Gafurov, Partner, Head of Practice Solving disputes on the IP Law Nevsky
Gafurov also noted that the “drop” phenomenon is common in the Russian banking card sector. Banks always include a clause in a card issuing agreement that forbids tickets, but “there are no criminal bans at the moment,” Gafur says, adding that the question “is not as simple as it can seem at first glance.”
Addressing Bastykin’s calling to classify cryptocurrencies as assets, IP partner from Nevsky says it has already been recognized as assets under Russian law, especially in civic and tax issues.
“The courts had previously dealt with questions about whether the cripthum assets were considered in bankruptcy and divorce cases. At that time, it was first confirmed in Russia that, under the meaning of Article 128 of the Civil Law, the Crypto currency was indeed considered property. “
Ruslan Gafur
However, Gafurov admitted that the proposed amendments were required to resolve specific procedural issues related to the Crypto currency in the Criminal Code. For example, these amendments could give light to subtract and subtract a cryptic currency. He pointed out that the issue was not in recognition of the cryptocurrency of the currency as assets, but about how to be treated in criminal investigations.
Sobinsky adds that Russian law enforcement has so far faced many challenges, from monitoring the stolen cryptocurrency to the return of the victims.
“If the curine of the currency is found down, it is found in the guardian’s wallet, and the movement stops, the question is how to recover it. Development of regulations in this area is very important and should focus primarily on the increase in the number of crimes solved in this field. “
Vladimir Sobinsky
Both law companies agree that although they acknowledge cryptocurrencies because the assets are not new, the proposed changes would bring greater clarity in criminal investigations. They believe that laws should also deal with practical issues, such as how cryptocurrencies can be taken away, frozen or used as evidence in criminal cases.