Confiscation of cryptocurrency (virtual assets) during the execution of court decisions in criminal proceedings

Abstract

The article is devoted to the investigation of the confiscation of cryptocurrency (virtual assets) during the execution of court decisions in criminal proceedings. The topic of the research is relevant because the cryptocurrency industry is currently more developed than the legal regulation of this area. Equally impressive is the number and methods of committing crimes of illegal possession of cryptocurrency. However, until now there are no studies in Ukraine that would determine at the doctrinal level how to execute a court decision on the confiscation of cryptocurrency. In the process of research, the formal-logical method, as well as the methods of systemic and technical-legal analysis were applied, which made it possible to formulate approaches to the execution of punishment in the form of confiscation of cryptocurrency and the rules of such confiscation. The need to provide at the legislative level for the grounds, procedure and rules for the confiscation of cryptocurrency, as well as its special confiscation, is indicated. The experience of confiscation of cryptocurrency in other jurisdictions is presented and the optimal algorithm and procedure for carrying out such activities is proposed. Cases that may occur in the context of confiscation of cryptocurrency are identified and rules and approaches to such confiscation are formulated.