Here’s why the Russian investigating committee seeks regulating Bitcoin as property

The main main federal administration in Russia proposes new legislation for Bitcoin, which could potentially criminalize its transfer to third parties.

The Russian investigative committee presented a proposal that could affect the country’s cryptocurrency market. At the beginning of February, President Aleksandar Basterkin announced during the Extended Committee that the Committee suggested to legally recognize flexibility as property, Russian news Outlet Interfak reports.

He also proposed criminal responsibility for the transfer of electronic payment instruments to third parties. Russian legal experts interviewed by Cripto.News are divided whether the cryptocurrenci is one of this term. But one thing is clear: if approved, changes would determine clear rules on how cryptocurrency can be seized or subtracted during the investigations.

Droplets

From time for printing, Russian law does not have a standardized way to deal with Kruptocurrenko in criminal cases. However, that could be changed soon. The proposed amendments would officially classify crypto as property, allowing the authorities to treat it as evidence. The new rules would also set the guidelines for freezing and seizure of compression.

One key issue The Committee deals with its call is the illegal use of third party bank accounts – often called “Droppers” – to facilitate cryptocurrency transactions. Therefore, the authorities propose criminal responsibility.

According to the Russian law, electronic payment instruments refer to methods that allow individuals to manage and transmit funds via electronic systems, such as bank cards or digital bills. But when it comes to cryptocurrency, law enforcement faces technical challenges in recognizing and monitoring illegal transactions.

Vladimir Sobinski, a legal expert for the DRC law firm, which was a substance in 2020. years, he explained in the commentary crypto.news that the problem was buying in Russia. Many crypto newborns rely on peer services of centralized crippto exchangers, he says.

There are essentially “buying access” to another banking application because Russia’s banking rules limit their ability to buy cript directly. This mechanism is technically calculated as the use of droplets, explains Sobinski.

“In most cases, it is due to the fact that the CRIPTO purchases or sales of transactions, blocked by the federal law 115-FL, and are forced to close their accounts. As a result, an individual who often purchases and sales cryptocurst is forced Yes “Buy access to third party bank application to implement transactions through their account, efficiently using the services of drops for their purposes.”

Vladimir Sobinski

The Bastek’s proposal seems to criminalize this practice in an effort to take an increasing number of crimes related to cryptocurries, especially those involving young individuals. Sobinski says that recapenses are often “young or migrants” who are willing to “sell access” their bank account for 50,000-60,000 Russian rubles (about $ 500-600).

According to the data from Russia’s investigative committment, 10% of digital crimes increased in 2024. Compared to the previous year, with almost one of the five such crimes that individuals committed under the notion of the majority. However, it is not clear how much crypto participated.

Legal implications

Although the idea of ​​criminal responsibility for electronic payment instruments is clear, whether it applies to cryptical cash notes. Sobinski says CRIPTO banknotes are not considered electronic payment instruments. The Law of the New IP, another Russian company, which also represented the Binash in court, believes they are.

“(…) In terms of crypto, electronic instruments for digital and hardware networks. Initiative for criminalizing such electronic payment instruments on nominated parties is understandable. In the case of bank cards, only law enforcement, regulatory bodies and banks themselves which they make a transaction. However, with cryptocurrencies, however, the wallet is often known, but not a specific individual. “

RUSLAN GAFUROV, partner, Head of Dispute Resolution Practice in the Nevski IP Institute

GAFUROV also noted that the phenomenon of “Droppers” is common in the Russian bank card sector. Banks always include clause in issuing cards forbidding cards, but there are currently no criminal bans, “says Gafurov, adding that the issue” is not as simple as it can look at first sight “

Dealing with a bustering call to classify Cripto as property, an IP partner partner says that it has already been recognized as assets under Russian law, especially in civil and tax issues.

“Courts have previously addressed whether the cryptocurrency is considered to be assets in bankruptcy and divorces. At the time, it was first confirmed that in Russia, under the meaning of Article 128. civil code, cryptocurrency really considered the property.”

Ruslan Gafurov

However, GAFUROV acknowledged that the proposed amendments may be necessary to resolve specific procedural issues related to cryptocurrency in criminal law. For example, these amendments could give the light of confiscation and confiscation of cryptocurries. He pointed out that the issue is not to recognize the cryptocurca as property, but about how it is treated in criminal investigations.

Solenski adds that the Russian law enforcement faces many challenges so far, from monitoring stolen cryptors to return it to victims.

“If the cryptocurrency is found in a wallet custody, and his movement is stopped, how to return it. The development of regulations in this area is very important and focused primarily on increasing the number of solved crimes in this area . “

Vladimir Sobinski

Both law firms agree that although they recognize the crypto as property is not new, the proposed changes would bring greater clarity to criminal investigations. They think laws should also engage in practical issues, such as crypto can be confiscated, freeze or used as evidence in criminal cases.