The Moscow arbitration court earlier rejected a petition of financial Manager Alexei Leonov, who asked to collect money with the bankrupt Ilya Tsarkov, explained his decision by the fact that it does not apply to objects of civil rights and is outside the legal field in Russia.
«Based on the direct interpretation of the law «cryptocurrency» does not apply to objects of civil rights, is illegal on the territory of the Russian Federation. Execution of transactions with the cryptocurrency, its transactions are not provided with the forced force of the state», – stated in the court decision.
The Moscow arbitration court explains that did not include the financial Manager discovered cryptocurrency in the bankruptcy estate Tsarkova, because the anonymity of cryptocurrency does not allow accurate to establish the identity of crypto-currencies to crypto. However, the court decision notes that in the purse, details of which were presented by the debtor, contains about 0.2 bitcoin.
The court also stressed that the decision was influenced by the uncertain status of crypto-currencies – it is not clear whether it is cash or a cash substitute, should it be treated as property, Fiat, e-money, currency, financial instrument or securities.
«The concept and the legal nature of cryptocurrencies in the Russian legislation is not defined, the corresponding changes in the legislation should be made prior to 1 July 2018», – stated in the decision.
The court also referred to the information of the Central Bank of the Russian Federation of 4 September 2017, according to which «due to the anonymous nature of the activities for the production of cryptocurrencies citizens and legal entities may be involved in illegal activity, including legalization (laundering) of incomes obtained in a criminal way and financing of terrorism».