Shubenkova K.V., Parfenov V.Yu. Protection of Digital Currency Rights by Courts in the Russian Federation
DOI: https://doi.org/10.15688/lc.jvolsu.2025.3.7
Kseniya V. Shubenkova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Jurisprudence and Psychology, Volgograd State University (Volzhsky Branch), 40 let Pobedy St, 11, 404133 Volzhsky, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-2985-298X
Vadim Yu. Parfenov, Master of Sciences (Law), Assistant Attorney, Volgograd Interdistrict Bar Association, branch No. 45, Lenina St, 52, 404110 Volzhsky, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0009-0003-4231-9175
Introduction: one of the current legislative trends in recent years is the purposeful and gradual improvement of the legal regime of digital currency, with its turnover steadily increasing in the Russian and global economies. An integral and necessary element of this legal regime is the procedure and methods for protecting the rights of digital currency owners, the need for which stems from the need to ensure information security, protect property rights, and other purposes. Against the background of recent changes in the legislation involving digital currency, there is a tendency that the government intends to further ease restrictions on the circulation of digital currency, since public relations have already been established, whose object is and will be digital currency. The government has to take into account new trends in digitalization, in particular, the prospect of further development of digital currency as an economic and legal category. The representatives of Russian businesses have begun to settle accounts with their partners abroad in cryptocurrency, since it has become impossible to pay using other methods previously used. Judicial practice in cases related to digital currency has significantly expanded. These circumstances significantly increase the relevance of scientific research in the field of digital currency rights protection, including real scientific research, and also require the Russian legislator to make appropriate changes due to the urgent need for statutory regulation. The main purpose of the scientific research is based on the current legislation of the Russian Federation, scientific papers and judicial practice to reveal the main way to protect the rights to digital currencies – judicial. The methodological framework for the scientific research is the complex application of the general scientific and specific scientific methods. The following general scientific research methods were used: dialectical, logical, system-structural. Among the specific scientific methods, the following were applied: comparative law, formal law. In addition, an analysis of judicial practice was actively used, which made it possible to identify the ways and means of protecting the rights of owners of digital currencies. As a result of the research, an attempt has been made to analyze and systematize the ways to protect digital currency rights in Russian legislation, taking into account civil law protection measures and criminal law protection. Conclusions: the only possible and, at the same time, quite effective way to protect the rights to digital currencies in the Russian Federation at present is judicial. This is confirmed by the peculiarity of the established judicial practice analyzed in this scientific study.
Key words: digital currency, judicial protection of rights, cryptocurrency, digital economy, law.
Citation. Shubenkova K.V., Parfenov V.Yu. Protection of Digital Currency Rights by Courts in the Russian Federation. Legal Concept = Pravovaya paradigma, 2025, vol. 24, no. 3, pp. 60-69. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2025.3.7
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