Світовий Досвід Протидії Кримінальним Правопорушенням, Пов’язаним З Обігом Віртуальних Активів
Year: 2024
Type: article
Abstract: This article primarily focuses on a thorough analysis and criminological characterization of criminal offenses related to virtual assets trafficking, as well as the direct counteraction to such offenses. The analysis is based exclusively on global experiences in detecting and investigating this category of unlawful acts. The author describes the category of criminal offenses in the field of virtual assets trafficking, which includes various corpus delicti where the direct object or means of commission involves virtual assets. A conditional classification of these offenses is proposed, viewed through the lens of their role in criminal activities, namely: direct seizure of virtual assets; legalization of proceeds of crime using virtual assets; and trading in prohibited goods and services with virtual assets as a means of payment. The author examines information on criminal offenses, including excerpts from foreign court judgments that detail the established factual circumstances of the cases. The study identifies key factors for the prevention and counteraction of this category of criminal offenses, including the development and implementation of legal regulations governing virtual asset circulation; cooperation between law enforcement agencies and market participants (such as crypto exchanges and analytical centers); the introduction and utilization of special transaction tracking tools by law enforcement; and international cooperation among law enforcement agencies. Additionally, the author traces the evolution of methods used by law enforcement to combat crimes involving virtual assets as a means of payment for illegal goods and services, illustrated through practical case examples. The main directions for the development of Ukrainian law enforcement agencies are identified, emphasizing the adoption of successful practices from foreign counterparts in detecting and suppressing offenses related to virtual asset circulation.
Source: Legal Bulletin
Authors: І.М. Доляновська, К.О. Кривенко
Institution: KROK University
Language: Ukrainian
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4404967515