Digital assets as a subject of crime

Agafonov Alexander V.

In this article, the author has tried not only to present, but also to analyze, and from the standpoint of the generally recognized postulates of modern Russian criminal law science, a number of rather problematic, in his opinion, issues directly related to the criminal legal characteristics of digital assets. While working on the preparation of the article offered to readers, the author analyzed the scientific works and publications available to the latter, prepared not only by leading criminologists and civilists of modern Russia, but also by young, but apparently very promising researchers of this issue. The author also studied a number of legislative acts of Russia, including those of a sub-normative legal, moreover, of a narrow departmental nature, regulating the commodity turnover of virtual currency on the territory of our country, and very contradictory examples of law enforcement practice of law enforcement agencies of the Russian Federation devoted to the substantive resolution of the issues raised by us were also subjected to a certain analysis. In the course of work on the article, problematic issues of law enforcement of some generally recognized and fairly well-established theoretical provisions of modern Russian criminal law science were identified, in particular concerning such an issue as the subject of a crime. At the same time, the opinion is voiced about the obviously material nature of the latter, which, in turn, is not confirmed in the works of modern criminologists studying specific law enforcement issues. Consequently, the theory of the subject of the crime, formulated in the mid-30s of the last century, now clearly does not work in full, as a consequence of which it requires its modern modification. However, the author has not found any specific monographic works on this issue in modern conditions. At the end of the work, the author also sets out his own vision of solving the problems raised and considered by him.

Keywords:criminal law relations, civil law relations, objects of civil rights, qualification of a crime, corpus delicti, object of a crime, objective side of a crime, subject of a crime, means of committing a crime, digital assets, crypto currency, virtual currency, token, account.