Секция
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Экономика
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The International Monetary Fund defi ned cryptocurrency as a virtual
currency that has its own digital value, issued by private developers and
expressed in its unit of account (Ponamorenko, 2016, p.298).
In practice, to analyze the situation with the legal status of
cryptocurrencies, take a look at the international experience of
regulation, in particular the experience of the European Union, CIS,
USA and Asia.
The European Union has an ambiguous policy regarding the legal
status, although traditionally the EU countries have a favorable attitude
towards cryptocurrency. However, the position of the European Central
Bank in relation to the cryptocurrency is still perceived as negative,
since for it, the cryptocurrency is not considered either a means of
payment or a currency and its widespread use can threaten the current
fi nancial system (Dolgiev, 2018, p.120).
At the same time, the European Court of Justice ruled that bitcoin
can be considered a currency, not a commodity, and from the point of
view of taxation, the cryptocurrency should not be taxed.
In the United States, the legal regulation of cryptocurrency is no less
complex than in the European Union, since the federal structure of the
country allows each state to determine its own legislative regulation,
taking into account the current state laws. So, in the state of New
York, on January 15, 2020, a legislative act was adopted that obliges
all organizations engaged in cryptocurrency operations to undergo
licensing, accordingly recognizing the legal status of the cryptocurrency
and activities related to it (
Thomson Reuters Westlaw
, 2021).
Japan can be counted among the countries that were among the
fi rst in the world to adopt legislation on digital currency in 2016.
The adopted law made the virtual currency equivalent to the national
currency yen. Over the past period, Japan has gained some experience
in this area, and in the short term, the country is preparing to launch a
national cryptocurrency. In addition, in 2019, the Japanese legislature
adopted a number of amendments aimed at tightening the requirements
for organizations engaged in activities related to crypto-currency
operations, and the name of the virtual currency was changed to a
crypto asset.
Among the CIS countries, the Republic of Belarus is undoubtedly
the leader in the development and implementation of blockchain
technologies and cryptocurrency operations. In this country, the Decree
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