Правовое регулирование выпуска цифровых финансовых активов

Журнал российского права. 2023. Т. 27. № 8. С. 95–108.

Lapteva A.

The article comprehensively examines the issues of legal regulation of the issue of digital
financial assets. In the legal and economic doctrine, as well as in law enforcement practice, there is
no uniform approach to the content of the concepts of “digital law”, “digital financial asset”, “utilitarian
digital law”, which predetermined the topic of the study.
The purpose of the article is to study insufficiently developed problems related to the procedure
for issuing digital financial assets.
The results of the study. Regulation of issues of digital financial assets consists of two levels: at
the legislative level, the legal regime of digital financial assets is determined, the procedure for their
issue, accounting and circulation, requirements for entities; at the local level, the operator approves
the rules of the information system, coordinated with the Bank of Russia. The study of issued digital
financial assets showed that, firstly, they are all related to monetary requirements, which means that digital financial assets are currently used in the money market as a borrowing mechanism. Secondly,
despite the availability of digital financial assets declared by information system operators for various
investors, a significant part of the issues that took place were intended not for a wide range of people, but
for certain investors. This is due to the fact that, in general, all releases can be called “pilot”: operators
check the working capacity of their information systems, trying to avoid negative consequences

Keywords: digital rights, цифровое право, digital financial assets, цифровой финансовый актив