The main federal Russian Federal Investigation Authority offers new Bitcoin legislation which could potentially criminalize its transfer by third parties.
The Russian Inquiry Committee presented a proposal that could potentially affect the country’s cryptocurrency market. In early February, the president of the agency, Alexander Bastrykin, announced during a prolonged board of directors that the committee had proposed to legally recognize the cryptocurrency as property, reports Interfax in the Russian media.
He also suggested criminal responsibility to transfer electronic payment instruments to third parties. Russian legal experts interviewed by Crypto.News divided on the question of whether the cryptocurrency is a matter of this term. But one thing is clear: if it is approved, the modifications would establish clear rules on the way in which cryptocurrency can be seized or confiscated during surveys.
Dropsiers
At the time of the press, Russian law has no standardized way how to manage cryptocurrency in criminal cases. However, it could change soon. The proposed changes would officially classify the crypto as a property, allowing authorities to deal with it as proof. New rules would also define directives for the frost and confiscation of cryptocurrencies.
A key problem that the Committee addresses in its call is the illegal use of third -party bank accounts – often called “doges” – to facilitate cryptocurrency transactions. This is why the authorities suggest a criminal responsibility.
According to Russia law, electronic payment instruments refer to methods that allow individuals to manage and transfer funds via electronic systems, such as bank cards or digital portfolios. But with regard to cryptocurrency, the police are faced with technical challenges to identify and follow illicit transactions.
Vladimir Sobinsky, a legal expert from the DRC law firm, who represented Binance in 2020, explained in a comment at Crypto.News that the question is how the crypto is bought in Russia. Many Crypto beginners rely on the peer-to-peer services of centralized cryptography exchanges, he says.
There, they “buy access” to someone else’s banking application because Russian banking rules limit their ability to buy cryptography directly. This mechanism technically counts as the use of droppings, explains Sobinsky.
“In most cases, this is due to the fact that when they frequently make transactions for the purchase or sale of crypto, user bank cards are blocked under the 115-FL federal law and they are obliged to Close their accounts. Consequently, a person who bought and frequently sells cryptocurrencies is obliged to buy access to the banking application of a third party in order to carry out transactions via their account, effectively using the services of an account drops for their own ends. »»
Vladimir Sobinsky
Bassrykin’s proposal seems to criminalize this practice in order to limit the growing number of crimes related to cryptocurrency, in particular those involving young people. Sobinsky says that drops of drops are often “young or migrants” who are ready to “sell access” to their bank account for 50,000 to 60,000 Russian rubles (around $ 500 to $ 600).
According to data from the Russia Investigation Committee, there was a 10% increase in digital crimes in 2024 compared to the previous year, with almost one in five infractions committed by individuals of less ‘Age of the majority. However, we do not know how many people involved the crypto.
Legal implications
Although the idea of criminal liability for the transfer of electronic payment instruments is clear, if it applies to cryptographic portfolios is not. Sobinsky says that crypto wallets are not considered electronic payment instruments. Nevsky IP Law, another Russian firm who also represented Binance in court, believes that they are.
“(…) In terms of crypto, electronic payment instruments include both digital and material portfolios. The initiative for the criminalization of the transfer of these electronic payment instruments to candidates is understandable. In the case of bank cards, security forces, regulatory authorities and banks themselves know who makes the transaction. With cryptocurrencies, however, the wallet is often known, but not the specific individual. »»
Ruslan Gafurov, partner, head of the practice of settlement of disputes in Nevsky IP Law
Gafurov has also noted that the phenomenon of “doges” is common in the Russia bank card sector. Banks still include a clause in card emission agreements prohibiting the transfer of cards, but “no criminal prohibition currently exists,” says Gafurov, adding that the problem “is not as simple as it may seem to first view “.
Addressing the call of Bastrykin to classify crypto as property, the law partner of IP Nevsky says that he is already recognized as a property under Russian law, in particular in civil and fiscal issues .
“The courts have previously dealt with questions on the question of whether cryptocurrency is considered to be a property in bankruptcy and divorce affairs. It was then that he was first confirmed in Russia that, under the meaning of article 128 of the Civil Code, cryptocurrency is indeed considered to be a property. »»
Ruslan Gafurov
However, Gafurov has recognized that the proposed changes may be necessary to solve specific procedural problems related to cryptocurrency in criminal law. For example, these modifications could shed light on the confiscation and the seizure of cryptocurrencies. He stressed that the question does not concern the recognition of cryptocurrency as a property, but on the way in which it is treated in criminal surveys.
Sobinsky adds that the Russian police have been faced with many challenges so far, the follow -up of the stolen crypto to bring it back to the victims.
“If the cryptocurrency is found, found in a guardian portfolio and its movement is stopped, the question arises how to recover it. The development of regulations in this area is very important and should mainly focus on increasing the number of crimes resolved in this area. »»
Vladimir Sobinsky
The two law firms agree that if the recognition of the crypto as goods is not new, the proposed modifications would bring more clarity to the criminal surveys. They think that laws should also solve practical problems, such as the way in which crypto can be seized, frozen or used as proof in criminal affairs.
