Existing Approaches to Define Cryptocurrency for Possible Legal Regulation

Authors

  • Yaroslava Kuchina University of Macau

DOI:

https://doi.org/10.54934/ijlcw.v1i1.7

Keywords:

cryptocurrency, legal regulation, fintech, disruptive technology, legal definition

Abstract

In this article, the author considers the question of how the understanding of the essence of cryptocurrency as a destructive innovative technology is built. The position of the author lies in the fact that the cryptocurrency, even though it is, by all indications, one of the types of fintech, is considered separately in science. Due to this, in various works of scientists from different countries, one can note a trend towards a completely opposite understanding of what exactly is a cryptocurrency and what is its significance for changing the modern world financial system. Based on a comparative analysis of research positions, the author makes an attempt to evaluate several approaches to the definition of the concept of cryptocurrency. The author identifies three such approaches and also evaluates some purely local theories regarding cryptocurrencies and their nature. In order to express an individual position, the author highlights the main characteristics of the cryptocurrency and proposes to consider them not as a type of already existing currencies, but as a separate phenomenon. The author concludes that the study of cryptocurrencies at the micro and macro levels will allow not only to assess the risks of their use at a particular moment by specific categories of technology consumers but to assess the systemic nature of the phenomenon and its impact on the future. This, in turn, should allow answering the question of how and when it is worth starting to regulate cryptocurrencies by the law - and whether it is necessary to do this in general.

References

Arzumanova, L. L. (2014). The Right of Monetary Circulation as a Sub-Branch of the Financial Law of the Russian Federation. Moscow, 1(8).

Barakina, E. Yu. (2018). The Concept of "Cryptocurrency" and the Prospects for its use in the National Payment System of The Russian Federation. Banking Law, (5), 62-69.

Borri, N., & Shakhnov, K. (2020). Regulation Spillovers Across Cryptocurrency Markets. Finance Research Letters, (36) 101-333.

Chudinovskikh, M., & Sevryugin, V. (2019). Cryptocurrency Regulation in the BRICS Countries And The Eurasian Economic Union. BRICS Law Journal, 6 (1).

Deltsova, T. A. (2017). Variety of Money Surrogates in Nature or What is the Freedom of Choice? Bulletin of the Perm National Research Polytechnic University. (3) 244-255.

Dudina, O. I., & Kremleva, V. V. (2016). Bitcoin: Monetary Surrogate or Currency of the Future? Basic Research, (3(9)).

Hughes, S. D. (2017). Cryptocurrency Regulations and Enforcement in the US. Western State University Law Review, (45) 1.

Hughes, S. J., & Middlebrook, S. T. (2015). Advancing a framework for regulating cryptocurrency payments intermediaries. Yale Journal on Regulation (32) 495.

Kalinin, V. N. (2017) Cryptocurrency: Experience, State and Prospects. Innovative and Scientific Potential of the XXI Century. 35-44.

Kharaeva D.A. (2018) Cryptocurrency - Monetary Surrogate or Payment of the Future? The Effectiveness of Legal Regulation At The Present Stage. 116-117.

Klistorin, V., & Cherkassky, V. (1997). Money Surrogates: Economic and Social Consequences. Questions of Economics, (10), 52-57.

Krylov, O. M. (2011). On the Question of The Legal Category "Money Surrogate". Administrative and Municipal Law, (8), 56-61.

Kucherov, I., Artyomov, N. M., & Kazantsev, N. M. (2016). Legal Tender: Theoretical and Legal Research. Juresprudence, 392.

Lunts L.A. (1999) Money and Monetary Obligations In Civil Law. Statut, 75.

Maramygin M. S., Prokofieva E. N., Markova A. A. (2016) The Essence of Electronic Money, Advantages and Disadvantages. Bulletin of the Omsk University (1) 60-65.

Maramygin, M. S., & Tereshkin, M. L. (2017). Types and Features of Mining of Modern Monetary Surrogates-Cryptocurrencies. Kant, (4(25)).

Narayanan, A., Bonneau, J., Felten, E., Miller, A., & Goldfeder, S. (2016). Bitcoin and Cryptocurrency Technologies: A Comprehensive Introduction. Princeton University Press.

Omarova, S. T. (2019). New Tech v. New Deal: Fintech as a Systemic Phenomenon. Yale Journal on Regulation, 36 (2).

Panova, O., Leheza, Y., Ivanytsia, A., Marchenko, V., & Oliukha, V. (2019). International Models of Legal Regulation and Ethics of Cryptocurrency Use: Country Review. Journal of Legal, Ethical and Regulatory Issues, (22) 1-6.

Redish, A. (1993). Anchors Aweigh: The Transition from Commodity Money to Fiat Money in Western Economies. Canadian Journal of Economics, 777-795.

Shildina, M. V. (2016). Money Surrogates, Cryptocurrency and Electronic Money. Eurasian Union of Scientists, (30(5)) 81-86.

Swartz, L. (2018). What was Bitcoin, What will it Be? The Techno-Economic Imaginaries of a new Money Technology. Cultural Studies, 32(4), 623-650.

Vakhrushev, D. S., & Zhelezov, O. V. (2014). Cryptocurrency as a Phenomenon of the Modern Information Economy: Problems of Theoretical Understanding. Bulletin of Eurasian Science, (5 (24)). 2.

Velde, F. R. (1998). Lessons from the History of Money. Economic Perspectives-Federal Reserve Bank of Chicago, 22, 2-16.

Downloads

Published

2022-04-27