As noted by the Chairman of the Investigative Committee of the Russian Federation Alexander Bastrykin, it is necessary to enshrine the concept of cryptocurrencies in the Criminal Code, so that investigators can work more efficiently.
In an interview with Rossiyskaya Gazeta, Bastrykin said, which is often When investigating corruption cases, investigators face a “gray area”. for instance, when criminals use digital assets:
“Despite the establishment of framework rules, there are still gray areas, without regulation, effective counteraction to illegal financial transactions using digital financial assets and digital currency through criminal legal means is difficult. In particular, no amendments to the criminal and criminal procedural legislation have been adopted to date, securing the belonging of digital currencies to property".
The absence of such rules significantly complicates the qualification of criminal actions and prevents the seizure and confiscation of digital assets. Wherein, 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 stated by the Commissioner for the Protection of the Rights of Entrepreneurs in Moscow Tatyana Mineeva. She told, that the number of crimes involving digital assets is growing every year, therefore, “in order to protect the rights of citizens and legal entities, and also to prevent unfounded 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 under the Criminal Code of the Russian Federation and may be confiscated.
