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January 1, 2019· Ex Jure
article
Open access

CRYPTOCURRENCY IN INSOLVENCY ESTATE

Authors:A. V. Syatchikhin *

Abstract

Abstract:at the beginning of 2018, considerable attention of lawyers attracted the case of a citizen’s bankruptcy with the decision to include cryptocurrency in the bankruptcy estate. This case exposed a number of problems associated with legal uncertainty regarding new technology products. What is cryptocurrency? To what objects of civil rights should it be attributed? What is the foreign practice and has the global tendency of regulating such relations formed? It is these issues that have become key to this article and determine its structure. The history of the issue, which has been going on for more than twenty years, is examined, foreign approaches of the legislator and law enforcer to regulate these relations are examined, the question of the economic nature of cryptocurrency is touched upon and, most importantly, questions are raised that law enforcers and legislators have yet to find answers.

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