Journal of Siberian Federal University. Humanities & Social Sciences / Digital Assets as Objects of the Recovery in the Bankruptcy Proceedings

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2024 17 (6)
Authors
Shishmareva, Tatiana P.; En‘kova, Ekaterina E.
Contact information
Shishmareva, Tatiana P. : Kutafin Moscow State Law University (MSAL) Moscow, Russian Federation; En‘kova, Ekaterina E. : Kutafin Moscow State Law University (MSAL) Moscow, Russian Federation;
Keywords
digital assets; objects of civil rights; digital financial assets; stocks; digital currency; cryptocurrency; bankruptcy procedures; foreclosure
Abstract

The purpose of the article is to identify and study the features of foreclosure in bankruptcy proceedings on digital assets as an element of the bankruptcy estate of an insolvent debtor. The need for research is due to the digitalization of property rights, the widespread use of attempts to foreclose on digital rights in judicial practice, gaps in the legislative regulation of the procedure for such treatment, and the lack of doctrinal developments on this issue. General scientific (analysis, synthesis, deduction) and private scientific (teleological interpretation, forecasting) methods of cognition are used. Conclusions are drawn about the proprietary nature of digital rights, about the need to include them in the debtor’s bankruptcy estate, regardless of the existence of legal regulation of certain types of digital rights. Attention is paid to the specifics of foreclosure on digital shares, digital rights, digital currency and cryptocurrency, as well as restrictions on their involvement in circulation. The legal nature of the cryptocurrency, the peculiarities of its circulation in the virtual environment, and the anonymity of the rights to it are determined. It is summarized that the inclusion of cryptocurrencies in the bankruptcy estate of an insolvent debtor is allowed when the arbitration manager provides evidence of its belonging to the debtor

Pages
1078–1087
EDN
PXILRH
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/152972

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