Правовое регулирование криптовалют в Республике Беларусь и зарубежных странах: сравнительно-правовое исследование ; Legal regulation of cryptocurrencies in the Republic of Belarus and foreign countries: comparative and legal research
In: http://oai.elaba.lt/documents/38132675.pdf
Currently, the use of cryptocurrency is becoming global in nature around the world. In this regard, there is a need to regulate cryptocurrency business. However, due to novelty and complexity, the legal regulation of cryptocurrencies requires a special approach on the part of legislators. Many countries were not ready for a quick response to the settlement of cryptocurrency relations. Uncertainty in understanding the new type of virtual money did not allow representatives of the legislative power of the states to adopt specific legal provisions in the field of cryptocurrency. This is also the relevance of the study - the lack of a unified legal approach to cryptocurrencies, and, as a result, uncertainty in the sphere of legal regulation of cryptocurrencies. The purpose of this master's work is to develop the most correct and effective methods of legal regulation of cryptocurrency, taking into account the experience of the countries in question, which already have features in the field of cryptocurrency regulation. To achieve this goal it is necessary to solve several of the most important tasks. The Tasks of the master's work are as follows: 1) to uncover the essence of cryptocurrency from an economic and technological point of view. 2) to reveal the legal nature and the main issues of legal regulation of cryptocurrency. 3) to identify the most acceptable unified approach to critical case. 4) to analyze the experience of the countries in question in the field of cryptocurrency regulation. 5) to conduct a comparative legal analysis of the legislation of the countries in question. 6) to identify the most progressive and effective legislation in the field of cryptocurrency activities. 7) based on the analysis of the countries, to determine the most favorable and effective directions in the field of further legal regulation of cryptocurrencies. The object of the research is the legislation's of countries in the field of cryptocurrency regulation. The methods in this master's work are: analysis, synthesis, comparison, synthesis of scientific literature and authors' works in the field of cryptocurrency, theoretical and historical methods in determining the essence of cryptocurrency. The study revealed the essence of cryptocurrency. In disclosing the essence of cryptocurrency, historical reasons for their occurrence, as well as economic and technological features were taken into account. The main legal issues of cryptocurrency that states are currently facing were also identified. The paper also analyzed the legal and public experience of the Republic of Belarus and several foreign countries. As a result, it was concluded which of the countries has the most developed legislation in the field of legal regulation of cryptocurrencies. The study concluded that the main problem in the legal regulation of cryptocurrencies in the countries in question is the lack of a uniform approach to the nature of cryptocurrencies, as a result of which the state authorities, both legislative and executive, cannot come to a common consensus in establishing and securing cryptocurrencies as new type of virtual money at the highest legislative level; in the conditions of almost complete lack of practical experience in the regulation of this type of money, states face the difficulty of defining the civil legal sphere of cryptocurrencies, the problem of attributing cryptocurrencies to any object of civil rights, therefore, it is problematic to establish the legal nature of cryptocurrencies in private law . This master's work is of interest to: legislators, government agencies, heads of cryptocurrency organizations, researchers and authors exploring issues of a new type of virtual money, individuals and individual entrepreneurs engaged in cryptocurrency activities.