The limitation of judicial protection of cryptocurrencies in Russia is disputed by lawyers

Vladislav Vatamanyuk, an arbitrator at the Arbitration Center at the Russian Union of Industrialists and Entrepreneurs, a member of the Russian Bar Association, expressed his opinion to Izvestia about the limitations of judicial protection of rights to cryptocurrency in Russia. In his opinion, legislative norms in the field of digital financial assets create serious obstacles for owners of cryptocurrencies in the exercise of their constitutional rights.

"Currently, there is a problem when owners of digital assets who have not notified the Federal Tax Service of the facts of ownership or transactions with such an asset are faced with a refusal by the courts to protect their rights,— Vatamanyuk points out. — This situation contradicts the basic principles of the Constitution of the Russian Federation, which guarantee the right of ownership and equality of all before the law.

The expert notes that the current legislative framework, despite recognizing digital currencies as property, introduces additional administrative requirements that deprive citizens of the opportunity to defend their rights in court. At the same time, the procedure for notifying the Federal Tax Service has not yet been established, which creates a legal vacuum and unrealizable formal conditions.

"It is necessary to bring legislation into line with the Constitution and ensure the real right of owners of digital assets to judicial protection," the expert believes. — The legislator must either establish a clear and feasible notification procedure, or waive conditions that restrict access to justice based on formal errors.

Thus, in his opinion, the legal reform should eliminate legal conflicts and ensure a balance between control over digital financial instruments and protection of civil rights. The decision of the Constitutional Court on such complaints will be an important step for the development of the digital asset market in Russia, the lawyer believes.

Earlier, lawyer Marat Amanliev filed a complaint with the Constitutional Court of the Russian Federation, challenging the refusal of judicial protection of the rights of owners of cryptocurrencies due to failure to notify the Federal Tax Service.

Read the details in the Izvestia article:

"Protection Code: the Constitutional Court was asked to review the norms on digital assets"