Issue: № 5/1, 2021
Doi: https://doi.org/10.37634/efp.2021.5(1).6
Introduction. Cryptocurrency is a relatively new financial market instrument, but due to a lack of the fundamental principles of the legal regulation and legal regulation of market of cryptocurrency, individuals and legal entities, who have at their disposal the virtual assets are effectively deprived of an effective way to protect their ownership of such assets. The following key features of cryptocurrency are outlined: lack of control and restrictions on financial transactions, anonymity, the possibility of using it as an investment tool, the speed of transactions, a high degree of security. The purpose of the paper is explores the question of definition of legal essence, the maintenance of cryptocurrency is investigated. Results. Nature and legal uncertainty does not allow it to be identified with any of the related concepts (money, securities, currency value, means of payment, currency, money surrogate, etc.). That is, cryptocurrencies are currently in Ukraine outside the scope of legal regulation. The analysis of definition of a concept of cryptocurrency in the draft law on circulation of cryptocurrencies in Ukraine is carried out; prospects for the legislative implementation of cryptocurrency in Ukraine, in addition, the author draws attention to the novelties of the legislation on financial monitoring, namely certain provisions of the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing of Weapons of Mass Destruction Proliferation”. Conclusion. The analysis of the characteristics of cryptocurrency leads to a conclusion that the cryptocurrency can be understood as electronic money. The paper presents a vision of further trends in the use of cryptocurrency in everyday life and business environment, opens up an opportunity for further research in the field of the cryptocurrency market, further development of Ukraine and integration to the world financial system.
Keywords : cryptocurrency, legal status of cryptocurrency, electronic money, financial monitoring, blokchain
References:
1. Top 100 Cryptocurrencies by Market Capitalization. СoinМarketСap. 2021. URL: https://coinmarketcap.com
2. CoinMarketCap. URL: https://coinmarketcap.com/historical
3. Blackmoon Financial Group. GoldGate. URL: https://goldgate.io/#quang-cao-pro.
4. Moskalov A.А., Popova E.M. Cryptocurrency in the modern economic arena and prospects for the development of bitcoin, etherium, pulsation. Young Scientist. 2018. № 3. pp. 680–684 [In Ukrainian].
5. Civil Code of Ukraine: Law of Ukraine of January 16, 2003 № 435–IV. Information of the Verkhovna Rada of Ukraine. 2003. № 40–44. 356 p. [In Ukrainian].
6. Yankovskiy R. States against cryptocurrencies: a history of regulation and struggle. URL: https://geektimes.ru/post/294871/ [In Ukrainian].
7. On the circulation of cryptocurrency in Ukraine: The draft law of Ukraine of 06.10.2017. № 7183. URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=62684 [In Ukrainian].
8. On the stimulation of cryptocurrency market and its derivatives in Ukraine: The draft law of Ukraine of 10.10.2017. № 7183–1 URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=62710 [In Ukrainian].
9. On securities and the stock market: Law of Ukraine of 23.02.2006 № 3480 IV. Information of the Verkhovna Rada of Ukraine. 2006. № 31. Art. 268. URL: http://zakon5.rada.gov.ua/laws/show/3480–15 [In Ukrainian].
10. On the National Bank of Ukraine: Law of Ukraine of 20.05.1999 № 679–XIV. Information of the Verkhovna Rada of Ukraine. 2006. № 31. Art. 268. URL: http://zakon5.rada.gov.ua/laws/show/679–14 [In Ukrainian].
11. On payment systems and money transfer in Ukraine: Law of Ukraine of 05.04.2001. № 2346. Information of the Verkhovna Rada of Ukraine. 2001. № 29. Art. 137. URL: http://zakon2.rada.gov.ua/laws/show/2346–14 [In Ukrainian].
12. Pashchenko K. Rational analysis of financial and legal issues of electronic pennies and cryptocurrencies. Entrepreneurship, economy and law. 2017. № 7. pp. 97–100 [In Ukrainian].
13. On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing of Weapons of Mass Destruction Proliferation: Law of Ukraine of 06.12.2019. № 361–IX. URL: http://zakon2.rada.gov.ua/laws/show/2346–14 [In Ukrainian].
14. On Virtual Assets: The draft law of 11.06.2020 № 3637. URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=62710 [In Ukrainian].
