(2019) 1 Visn. Nac. akad. prokur. Ukr. 7–20
https://doi.org/10.34285/visnyknapu2019.01.007
Title of the article Сrypto Currency as Subject of Unlawful Gain
Author(s) VASYL KOZII
PhD in Law, deputy head, department of public prosecutors training in public prosecution on behalf of the state, Special Training Institute, National Prosecution Academy of Ukraine, Kyiv, Ukraine,
k_vasilisk@ukr.net
Short title
of the journal (ISSN)		 Visn. Nac. akad. prokur. Ukr.
Year 2019
Issue 1
Pages [7–20]
Language English
Abstract In modern society corruption and cybercrime constitute a threat to the observance of human and civil rights, the rule of law, national security and, ultimately, the democratic establishment of the state. These phenomena influence negatively on all aspects of social, political, economic development of society and the state, as well as the well-being of citizens.
System and structural changes have been made to the legislation of Ukraine on prevention and counteraction of corruption in recent years. In particular: the National Anti-Corruption Bureau of Ukraine, the National Agency for the Prevention of Corruption, were established; the State Bureau of Investigations started to work; the Criminal Code of Ukraine was supplemented with new articles, dispositions and sanctions of articles were amended, which norms provide responsibility for corruption crimes commiting, their full list is clarified, etc. At the same time, due to the rapid development of information technologies, the problem that the international community has faced in recent decades is crime in cyberspace. It is stated that virtual space has become a place for committing crimes. The article highlights a special spread of cases of unlawful seizure and gaining an unlawful benefit of crypto currency over the past years.
The purpose of the article is to study crypto currency as object of unlawful gain, in particular liability for its illegal obtaining in accordance with current national legislation.
The author states that, despite the significant spread of crypto currency in the world, its legal status in Ukraine at the moment is not defined, because the development of modern information technology is extremely rapid, and the legislation and legal implementation, aimed at preventing and counteracting such crimes, their investigation, prosecution in the court the guilty parties that are accused in their commission, are changing more slowly.
The views of scientists on the classification of corruption crimes are highlighted in the article. Taking into account the fact that the obtaining of unlawful gains of crypto currency has tendency to spread, the author suggests to classify corruption crimes, considering a special object of unlawful gain – crypto currency, and to distinguish among them, in particular, those whose unlawful gain is foreign crypto currency.
As a result of the unlawful gain concept, provided for in the legislation of Ukraine, the author found out: although the status of crypto currency is not defined, from the practice of its use it is seen that the crypto currency can be characterized as an intangible asset. At the same time, according to its legal nature, the crypto currency (de-jure) in the context of the principle of legal certainty (as long as its official status in Ukraine is not determined) can not be attributed to any of the types of unlawful gains provided for in national legislation. Based on the analysis of the provisions of national legislation and scientific sources, it was emphasized on the need to define the legal status of crypto currency in Ukraine as an intangible or financial asset, money surrogate, special electronic money or goods, etc., in particular, acts stipulated in Art. 368 of the Criminal Code of Ukraine, as well as other acts stipulated by Art. 160, 354, 364, 3641, 3652, 368, 3683, 3684, 369, 3692, 3693, of the Criminal Code of Ukraine (if the subject of unlawful gains are foreign crypto currency), they were undoubtedly subject to qualification under the said articles of the criminal law. The same might be applied to the unlawful seizure of crypto currency in any way.
The problem outlined in this article requires further study of the scientific community, thorough scientific research and law enforcement practice analysis.
Keywords corruption; cybercrime; unlawful gain; taking an unlawful gain of crypto currency; liability for unlawful gain.
References REFERENCES
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