Cryptocurrencies in Russia: from legal uncertainty to an experimental legal regime

Abstract

The article is devoted to a comprehensive analysis of cryptocurrencies as an object of legal regulation in the Russian Federation. The relevance of the study is determined by the rapid integration of digital assets into the economy amid the persistent legal uncertainty regarding their legal nature. The aim is to trace the evolution of the Russian legislator's approach from a lack of regulation to the formation of an experimental legal regime. The methodology includes formal legal analysis of legislation, generalization of judicial practice, and a comparative legal approach. The authors thoroughly examine the legal definitions of digital currency and digital financial assets, identifying their key differences. The paper substantiates the classification of cryptocurrency as "other property," analyzes the tax regulations introduced in 2025 that recognize it as property for tax purposes, and identifies related problematic aspects (confirmation of expenses, classification of income). Based on the analysis of court practice, the absence of a uniform approach to the legal qualification of cryptocurrencies is stated. In conclusion, forecasts are made regarding the implementation of an experimental legal regime for qualified investors, and specific measures for legislative improvement are proposed, including the adoption of a framework federal law and amendments to codified acts. It is emphasized that the implementation of these proposals will create a balanced legal environment conducive to the development of the digital economy and the minimization of associated risks.