Last Monday, the court declared the cryptocurrency assets, which earlier in Russia did not happen. The event caused the reaction of the representatives of the community and experts, who called the decision a precedent. Now the position was explained to the judges themselves.
Cryptocurrencies in the court of the Russian Federation
The resolution was published today, reports RIA. Ninth arbitration court of appeal during the decision-making differences between bankrupt by Cariculum and financial Manager Leonov was guided by the principle of analogy of law.
Because of the optionality of the rules of civil law in the Civil code of the Russian Federation, there is no closed list of objects of civil rights.
According to representatives of the law, objects of civil rights include “things, including cash and certificated securities, other property, including non-cash funds, uncertificated securities, property rights; results of works and services; protected results of intellectual activity and intangible benefits”.
A detailed explanation of “other property” in the legal framework no. It is from this proceeded the judges when making decisions.
Given the current economic realities and level of development of information technology the broadest permissible interpretation of it.
The resolution also refers to sections of the code.
The arguments of the court about the impossibility of applying to the cryptocurrency by analogy of norms regulating similar relations, are contrary to the provisions of article 6 of the civil code, according to which in case of impossibility of use of analogy of law the rights and obligations of the parties shall be determined proceeding from the General beginnings and sense of the civil legislation and the requirements of good faith, reasonableness and fairness.
Looks like cryptocurrencies are a very popular in the courts. The main thing — to wait for the legislative framework, which in theory should provide, by the end of June.
Subscribe to our channel in the Telegram. Readers go to Lambach, even in Uber.