Способы защиты прав обладателей цифровых финансовых активов

Вестник Санкт-Петербургского университета. Серия 14. Право. 2026. Т. 17. № 2. С. 353–370.

Lapteva A.

The article deals with the issues of the protection rights of holders of digital financial assets. The digital financial assets (hereinafter referred to as CFAs) are used in various economy sectors, as a result, the number of their issues is growing every year. The legal framework for the turnover of these objects was established in the Russian Federation several years ago. However, there are different points of view on ways to protect the rights of CFA holders in the legislation, law practice and legal doctrine. Probably, one of the reasons for this situation is the lack of provisions in special legislation on ways to protect the rights of CFA holders. The main focus of the article will be on civil law methods of protecting holders of CFAs, namely, the possibility or absence of such in the application of methods of protecting the rights of holders of non-documentary securities by analogy to CFAs. The chosen research perspective is predetermined to a certain extent by the similarity of CFAs and securities (for example, the form, the presence of a special accounting system). The following conclusions are drawn that special methods of protecting the rights of securities holders could be used to protect the rights of holders of CFAs. It is stressed that the other factors to be considered, for example, the type of CFA. Thus, the requirement to return the same number of securities is designed to return homogeneous and serial objects. Therefore, if specific CFAs don’t have such features, then this method of protection is not applicable to them.

Keywords: инвестиции, инвестирование, investments, investment activity, цифровые права, цифровые финансовые активы, digital rights, digital financial assets