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Theoretical And Legal Perspective On Certain Types Of Legal Liability In Cryptocurrency Relations

Author

Listed:
  • Oleksii Drozd

    (Department of Research Work Organization, National Academy of Internal Affairs, Ukraine)

  • Yaroslav Lazur

    (Faculty of Law, Uzhhorod National University, Ukraine)

  • Ruslan Serbin

    (National Academy of Internal Affairs, Ukraine)

Abstract

The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin). Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different modes of cryptocurrency turnover are determined: fromdirect prohibition to granting the status of the official payment system. It is made on the basis of the analysis of peculiarities of the circulation of virtual money in Australia, Germany, the Netherlands, New Zealand, Singapore, Indonesia, China, the Russian Federation, Bolivia, Ecuador, Thailand, Vietnam, the USA, Japan, Spain, and some other countries. On the basis of the comparative legal study of certain provisions of the civil, administrative, tort, and criminal legislation of Ukraine, the possibilities and limits of the application of certain types of legal responsibility to violations in the field of cryptocurrency are determined. The results of the comparative legal study have shown that, unlike most foreign countries, in Ukraine, there is no legislative consolidation of the legal status of the virtual currency. In this regard, today in the national legislation, there are no direct rules that would predict the occurrence of administrative, criminal or civil liability for the offenses in the field of cryptocurrency relations. Practical impact. Since guarantees of compulsory restoration or protection of violated law play an important role in the legal regulation of any social relations, the proper legislative regulation of public relations in the sphere of crypto currency circulation is an urgent problem today, including with the help of establishing liability for the offenses in this field. Correlation/Authenticity. Comparative and legal research of legal regulation of the sphere of crypto currency gives us a better understanding of the most promising directions of development of administrative, criminal, and civil liability in this field.

Suggested Citation

  • Oleksii Drozd & Yaroslav Lazur & Ruslan Serbin, 2017. "Theoretical And Legal Perspective On Certain Types Of Legal Liability In Cryptocurrency Relations," Baltic Journal of Economic Studies, Publishing house "Baltija Publishing", vol. 3(5).
  • Handle: RePEc:bal:journl:2256-0742:2017:3:5:33
    DOI: 10.30525/2256-0742/2017-3-5-221-228
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    Citations

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    Cited by:

    1. Ioana Raluca DIACONU, 2022. "Bitcoin: Medium of Exchange or Speculative Asset?," Finante - provocarile viitorului (Finance - Challenges of the Future), University of Craiova, Faculty of Economics and Business Administration, vol. 1(24), pages 72-82, November.

    More about this item

    Keywords

    cryptocurrency; legal liability; transaction; licensing; Bitcoins; crypto exchange; crypto market;
    All these keywords.

    JEL classification:

    • D23 - Microeconomics - - Production and Organizations - - - Organizational Behavior; Transaction Costs; Property Rights
    • D45 - Microeconomics - - Market Structure, Pricing, and Design - - - Rationing; Licensing

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