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Interrelation between State Regulation and Self-Regulation in the Cryptocurrency Market

https://doi.org/10.17803/1729-5920.2022.182.1.087-093

Abstract

The rapid development of the cryptocurrency market makes us think about the need and subject of regulation of activities related to their issuance, placement, storage and circulation. The question arises whether the activities that are related to them are entrepreneurial or professional, related to the commodity or financial market, subject exclusively to state regulation, exclusively self-regulation or both types of regulation at the same time. The authors come to conclusions that will allow building a theoretical basis for a more systematic perception of the cryptocurrency market in the future, including revealing the concept and legal nature of cryptocurrencies, the features of these objects of civil rights that require their free circulation in the financial market, the role of private entities in their creation and use. It is concluded that the activities related to the turnover of cryptocurrencies are entrepreneurial, unregulated activities in the capital market as part of the financial market. Special attention is given to public interest in the framework of the circulation of cryptocurrencies, in particular to national security issues, protection of the weak side of transactions using cryptocurrencies, protection of personal data. In particular, the authors acknowledge that intermediary activities in the cryptocurrency market involving financial services consumers should be regulated and recognized as professional. The authors, on the one hand, point to the need to ensure state regulation of the use of cryptocurrencies, on the other hand, emphasize that a balance must be achieved between public and private interests in this area, that it cannot be over-regulated, which will ensure stable economic growth in the digital environment.

About the Authors

M. A. Egorova
Kutafin Moscow State Law University (MSAL)
Russian Federation

Maria A. Egorova, Dr. Sci. (Law), Professor, Head of the International Cooperation Department, Professor, Department of Competition Law; Co-President of the International Alliance of Lawyers and Economists (France); Expert of the Center for Scientific and Expert Analytics, International Competence Center «IPI», Russian State Academy of Intellectual Property

ul. Sadovaya-Kudrinskaya, d. 9, Moscow, Russia, 125993



A. V. Belitskaya
Lomonosov Moscow State University (MSU)
Russian Federation

Anna V. Belitskaya, Dr. Sci. (Law), Professor, Professor, Department of Entrepreneurial Law, Law Faculty

Leninskie gory, d. 1, str. 13, Moscow, Russia, 119991



References

1. Belitskaya AV. Perspektivy razrabotki novykh pravovykh konstruktsiy investirovaniya dlya tsifrovoy ekonomiki [Prospects for the development of new legal structures of investment for the digital economy]. Yurist [Jurist]. 2019;3:28-33. (In Russ.).

2. Gubin EP. Gosudarstvennoe regulirovanie rynochnoy ekonomiki i predprinimatelstva: pravovye problemy [State regulation of the market economy and entrepreneurship: Legal problems]. Moscow: Yurist; 2005. (In Russ.).

3. Kireeva AV. Delegirovanie funktsiy gosudarstvennogo kontrolya chastnomu sektoru: izderzhki legalnosti ili parafiskalitety? [Delegating the functions of state control to the private sector: The costs of legality or parafiscalities?]. Reformy i pravo [Reforms and law]. 2015;2:8-15. (In Russ.).

4. Sannikova LV, Kharitonova YuS. Tsifrovye aktivy: pravovoy analiz monografiya [Digital Assets: Legal analysis. A monograph]. Moscow: 4 Print; 2020. (In Russ.).

5. Sitnik AA. Tsifrovye valyuty: problemy pravovogo regulirovaniya [Digital Currencies: Problems of Legal Regulation]. Aktualʹnye problemy rossijskogo prava. 2020;11:103-113. (In Russ.).


Review

For citations:


Egorova M.A., Belitskaya A.V. Interrelation between State Regulation and Self-Regulation in the Cryptocurrency Market. Lex Russica. 2022;75(1):87-93. (In Russ.) https://doi.org/10.17803/1729-5920.2022.182.1.087-093

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ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)