Alexander Bastrykin: “it is necessary to introduce the concept of cryptocurrencies in the Criminal Code of the Russian Federation”
As the chairman of the Investigative Committee of the Russian Federation Alexander Bastrykin noted, it is necessary to consolidate the concept of cryptocurrencies in the Criminal Code so that investigators can work more efficiently.
In an interview with Rossiyskaya Gazeta, Bastrykin said that often when investigating corruption cases, investigators are faced with a “gray zone”. For example, when criminals use digital assets:
“Despite the establishment of framework rules, there are still gray areas, without the regulation of which it is difficult to effectively counter illegal financial transactions using digital financial assets and digital currency by criminal means. In particular, to date, no amendments have been adopted to the criminal and criminal procedural legislation, securing the belonging of digital currencies to property. ”
The absence of such rules significantly complicates the qualification of the actions of criminals and prevents the seizure and confiscation of digital assets. At the same time, according to Bastrykin, the state does not always have the ability to control cryptocurrencies, due to their decentralized nature.
The need to consolidate the definition of cryptocurrencies in the Criminal Code of the Russian Federation was also announced by Tatyana Mineeva, the Commissioner for the Protection of the Rights of Entrepreneurs in Moscow. She said that the number of crimes with digital assets is growing every year, therefore, “in order to protect the rights of citizens and legal entities, as well as to prevent unjustified criminal prosecution of citizens, it is necessary to consolidate the legal definition of cryptocurrency in the current Criminal Code of the Russian Federation as soon as possible.”
Recall that in mid-November, the Russian Prosecutor General’s Office prepared a bill according to which cryptocurrencies and digital financial assets will be considered property within the framework of the Criminal Code of the Russian Federation and can be confiscated.