THEORETICAL AND LEGAL ASPECTS OF JUDICIAL PROTECTION OF VIOLATED RIGHTS TO DIGITAL CURRENCY

Amirkhanov Amirkhan Magomedovich

The article examines the positions developed in the judicial practice of both domestic and foreign courts, including the analysis of scientific works of various researchers of digital currency as an object of civil turnover. The study showed that the main way of judicial protection of violated civil rights to digital currency is to file lawsuits for recovery of unjustified enrichment and the use of the principle of general tort. The author also came to the conclusion that criminal proceedings are also effectively able to lead to the restoration of violated rights. It can be argued that the effectiveness of existing legal protection mechanisms and their application in digital currency disputes is gradually increasing. However, the execution of judicial acts regarding the natural return of digital currency without replacing the method of execution is difficult.

Keywords:Digital currency, cryptocurrency, electronic currency, judicial protection, civil turnover, judicial practice