Succession Procedure for Cryptocurrency Inheritance Involving a Notary

Abstract

In the article, the author examines the procedure for the transfer of property rights and obligations to cryptocurrency by inheritance. The author notes the absence of an established legal status of cryptocurrency as “property” or “other property” in civil law, and the establishment of cryptocurrency as an object included in the inheritance. The problem is the absence of its own emission cryptocurrency in the Russian Federation, which leads to the cancellation of the full turnover of cryptocurrency between the subjects of the inheritance. The paper substantiates the conclusion about the necessity of mandatory participation of a notary in the procedure of transfer of cryptocurrency by inheritance. Based on the formed research, the author notes the need to develop a register of data transfer between operators of information systems (controlled by the Central Bank of the Russian Federation) and notaries, developed on the principle of interaction and cooperation, introduced into the Federal Law “On Banks and Banking Activities”, Federal Law “On the Central Bank of the Russian Federation” and the Law “Fundamentals of the Legislation of the Russian Federation on Notaries”, as well as Article 1112 of the Civil Code of the Russian Federation. The article sets out a provision on the advisability of establishing an imperative rule on drawing up a will to guarantee the transfer of rights and obligations to the cryptocurrency to the heir.