Driving Forces for the Development of Digital Currencies of Central Banks in the System of Monetary Relations

The modern world is distinguished by the dynamic development of electronic means of payment. They can pay for almost all existing goods and services. According to the Central Bank, every year the share of payments made with their use in the total volume of non-cash payments of the population grows rapidly. At the same time, the economic and legal nature and essence of this phenomenon have not been sufficiently studied from a scientific point of view. The objectives of this work are: to determine the existing approaches to the concept of electronic means of payment; analize the stages of formation and development of the legislative regulation of Art. 159.3 in the Criminal Code of the Russian Federation and the features of the judicial interpretation of the norm at each stage; establish the sources of problems of law enforcement of the norm under consideration. The methods used in the study are analysis of the scientific and information base, the comparative historical, statistical method, etc.. The methodological and theoretical basis of the study is presented with the legislative acts regulating the concept of electronic means of payment and providing for liability for fraud with them, works of domestic and foreign scientists in the economic and criminal law sphere. As a result of the study, the controversial issues of the concept "electronic means of payment" were considered; identified and analyzed the features of the judicial interpretation of the norm provided for by Art. 159.3 of the Criminal Code of the Russian Federation, depending on various legislative regulations (by stages); the state and dynamics of fraud using electronic means of payment in 2019–2022 were determined; analyzed some determinants of fraud using electronic means of payment; concluded that the problem of enforcement of Art. 159.3 of the Criminal Code of the Russian Federation is associated with insufficient scientific development of signs of a crime, as well as with a lack of legislative regulation of the main categories and recommendations for their qualification. The results of the analysis can be useful in further development of the problem under study, as well as in educational processes.

Historical, Economic, Social and Legal Conditionality for Criminalization of Acts Using Electronic Payment Means

Khristyuk,

Asatryan

2023

Legal Aspects of the Circulation of Digital Currencies

Vedernikov

2023

The appearance in practice of “cryptocurrencies”, “digital currencies”, “electronic currencies” makes lawyers to give a legal qualification to this phenomenon. To answer the question about its legality. In recent years, Russian legislation has been amended in order to regulate relations in this area. This confirms the relevance and novelty of the study. Using general scientific and special-legal methods of scientific knowledge, which is based on analysis, synthesis and deduction and induction, the work assesses prospects of development and degradation of social relations related to the circulation of digital currency. A critical analysis of the Russian legislation regulating relations in the field of creation and circulation of digital currency and electronic money, which in practice is called cryptocurrency, is made. Foreign experience in this area is reviewed. The style of the Russian legislator is criticized, in which any new law regulating similar legal relations synthesizes new terms, which creates difficulties in their joint application in practice. The problems of using various forms of money in practice are identified and illustrated. It is predicted that the creation by the legislator of a new specific form of money will lead to a difference in the economic fate of these various forms. The legal capacity and economic potential of these assets to perform the functions of money are assessed.

Digital Ruble: New Opportunities for the State

Tagarov

2023

Introduction of the digital currency of the Bank of Russia into economic circulation provides a number of new opportunities for economic regulation. The purpose of the article is to identify the opportunities and consequences for society associated with their implementation. The study is based on the analysis of scientific literature and publications of the Bank of Russia. The essence of the digital form of the national currency and its differences from cash and non-cash money are considered. An overview of the potential benefits that the state will receive is made. The analysis of the consequences of their implementation is carried out. In particular, they include: the emergence of the possibility of direct targeted lending and financing of certain areas of activity, reducing the level of the shadow economy, improving the efficiency of budget funds management through the use of big data technologies and artificial intelligence. It is concluded that the traditional and digital form of money will have different values for the population and business, depending on the purposes of their use. Two groups of factors influencing demand for the digital ruble have been identified. The assumption about the inevitability of the emergence of the private market of the digital currency of the Bank of Russia in the case of introduction of restrictions on its transfer to other forms of money.