Genesis of legal regulation of virtual assets in Ukraine and the EU (comparative legal analysis)

Issue: № 7, 2025

Doi: https://doi.org/10.37634/efp.2025.7.2

The paper reveals the role and issues of the genesis of the legal regulation of virtual assets in Ukraine and EU. A comparative legal analysis of the emergence, development and regulatory and legal regulation of virtual assets in Ukraine and other developed European countries has been conducted. The revival of the economy of our state in the post-war period can be carried out quickly and effectively only through effective management of public finances, which simply cannot happen without the use of the latest progressive technologies. One of the promising technologies of the 21st century is the use of virtual assets. At the level of the European Union, there is no unified approach to regulating the market of virtual assets and their circulation, which does not correspond to the basic principles of the functioning of the internal market of the European Union, especially in terms of the free movement of goods and services. But the creation of an internal market was the main economic goal of the formation of the European Union. This legal gap has been repeatedly resolved by issuing separate recommendations and guidelines. The legal basis for the influence of the European Union on the circulation of virtual assets is still in its formation, and the current EU legislation in this area is still characterized by inconsistency, contradictions, requires the elimination of gaps and does not provide proper regulation of the virtual assets market. Our state is trying to follow the best practices of European states in the processes of regulatory and legal regulation of the circulation of virtual assets, that is, to focus on the position of individual member states of the European Union. At the same time, the European Union focuses its attention on developing a nationwide consensus for the high-quality regulation of the circulation of virtual assets, but such a consensus is still very far away. In the process of forming national legislation, it is necessary to take into account the peculiarities of the domestic geopolitical situation, the situation on the battlefield, the strengths and weaknesses of the domestic economy and quickly respond to changes in social relations and geopolitical changes in the world.

Keywords : virtual asset, information, supervision, state control, digitalization, state regulation, civil law, legal regime of virtual assets, information law, cryptocurrencies, public administration, digitalization, security

References:

1. On virtual assets: Law of Ukraine dated 17.02.2022 No. 2074-IX (not yet in force). URL: https://zakon.rada.gov.ua/laws/show/2074-20#Text [in Ukrainian].

2. Civil Code of Ukraine: Code of Ukraine; Law, Code dated 16.01.2003 No. 435-IV. URL: https://zakon.rada.gov.ua/laws/show/435-15#Text [in Ukrainian].

3. Publications of the Financial Action Task Force (FATF). URL: https://fiu.gov.ua/pages/dijalnist/tipologi/mizhnarodni-doslidzhennja/publikacziji-mizhnarodniji-grupi-z-protidiji-vidmivannyu-brudnix-groshej-FATF-new/5497-publikacziji-grupi-z-rozrobki-finansovix-zaxodiv-borotbi-z-vidmivannyam-groshej-FATF.html [in Ukrainian].

4. Advice on Initial Coin Offerings and Crypto-Assets. European Securities and Markets Authority. URL: https://www.esma.europa.eu/sites/default/files/library/esma50-157-1391_crypto_advice.pdf

5. Digital Finance Package. European Commission. 24 September 2020. URL: https://ec.europa.eu/info/publications/200924-digital-finance-proposals_en.

6. Review of legislation on the regulation of virtual assets in the field of combating money laundering and terrorist financing. Kyiv, 2022. 587 p. URL: https://fiu.gov.ua/assets/userfiles/310/Різне/VirtualAssets.pdf [in Ukrainian].

7. On approval of the Concept of State Policy in the Field of Virtual Assets: draft resolution of the Cabinet of Ministers of Ukraine dated 25.10.2018. URL: https://me.gov.ua/Documents/Detail?id=dbfc2a7e-47f9-4fce-9110-66ed61c0ae17 [in Ukrainian].

8. On prevention and counteraction to the legalization (laundering) of proceeds from crime, financing of terrorism and financing of proliferation of weapons of mass destruction: Law of Ukraine dated 06.12.2019 No. 361-IX / Verkhovna Rada of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/361-20#Text [in Ukrainian].

9. Bryhinets O.O. Legal support for the circulation of virtual assets in Ukraine. Economics. Finances. Law. 2025. No. 5. pp. 22-24. [in Ukrainian].

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