Email this article Compensation for damages in crypto-asset torts
- Authors: Bondarenko T.A.1, Tropina D.V.1
-
Affiliations:
- Financial University under the Government of the Russian Federation
- Issue: Vol 21, No 6 (2025)
- Pages: 228-233
- Section: Private Law (Civil) Sciences
- URL: https://ogarev-online.ru/2541-8025/article/view/381368
- DOI: https://doi.org/10.33693/2541-8025-2025-21-6-228-233
- EDN: https://elibrary.ru/QZMBTE
- ID: 381368
Cite item
Open Access
Access granted
Subscription Access
Abstract
The article examines the problems of compensation for damages caused by torts (civil offenses), the subject of which is cryptocurrency. The authors consider cryptocurrency as an object of civil rights (property) and analyze the difficulties that arise in assessing losses caused by illegal actions with cryptocurrency in kind. Particular attention is paid to the gaps in Russian legislation and contradictory judicial practice: on the one hand, courts increasingly recognize cryptocurrencies as «other property», on the other, victims often face denial of protection due to lack of legal regulation. Recommendations are proposed to improve the legislation of the Russian Federation to ensure effective protection of the rights of victims, including legislative consolidation of the status of cryptocurrencies, the development of mechanisms for the return of stolen digital assets and the uniformity of judicial practice.
Keywords
About the authors
Tatyana A. Bondarenko
Financial University under the Government of the Russian Federation
Author for correspondence.
Email: TABondarenko@fa.ru
ORCID iD: 0009-0006-7769-0718
SPIN-code: 7438-6439
Cand. Sci. (Law), Associate Professor of the Department of Legal Regulation of Economic Activity of the Law Faculty
Russian Federation, MoscowDaria V. Tropina
Financial University under the Government of the Russian Federation
Email: dvtropina@fa.ru
ORCID iD: 0000-0003-2340-078X
SPIN-code: 2186-2997
Cand. Sci. (Law), Associate Professor, Associate Professor of the Department of Legal Regulation of Economic Activity of the Law Faculty
Russian Federation, MoscowReferences
- Alekseenko A.P. § 1. Legal regime of cryptocurrencies: concept, characteristics of cryptocurrencies // Legal support for the modernization of the economy and business in the context of digitalization: monograph. Moscow: Limited Liability Company «Prospect», 2023. Pp. 183–187. EDN: MDNSDV.
- Hakk B.V. Problems of legal regulation of cryptocurrency in the Russian Federation (on the example of bitcoin and other cryptocurrencies operating on the «blockchain» system) / B. V. Hakk // Problems of development of the market of goods and services: prospects and possibilities of the constituent entities of the Russian Federation: Proceedings of the VI All-Russian scientific and practical conference with international participation, Krasnoyarsk, May 14–16, 2020 / Siberian Federal University, Institute of Trade and Services. Krasnoyarsk: Siberian Federal University, 2020. P. 837–839. EDN: SVJJGK.
- Zheltova V.A. Legal status of cryptocurrency as an object of civil rights. Academic Law Journal. 2023. № 4 (48). Pp. 128–131. (In Rus.). EDN: IONBUH.
- Kim M.S. Civil-legal regime of cryptocurrency: the ratio of cryptocurrency and non-cash funds. Issues of Russian justice. 2022. No. 20. Pp. 142–148. (In Rus.). EDN: MJEJLB.
- Pulatov A. Legal nature and uniqueness of products created on the basis of blockchain technologies (cryptocurrency, token, smart contract) // Theoretical aspects of jurisprudence and issues of law enforcement: Collection of articles based on the materials of the LXXI international scientific and practical conference, Moscow, May 02, 2023. Volume 5 (71). Moscow: Limited Liability Company «Internauka», 2023. Pp. 88–97. EDN: ECBICA.
- Tagaeva S.N. Legal regime of cryptocurrency in the system of civil rights objects in the Russian Federation. Legal Bulletin. 2023. No. 1 (13). Pp. 57–62. (In Rus.). EDN: HHEJYV.
Supplementary files
