Responsive image
Article Legal Regulation of the Virtual Asset Market in Ukraine and the European Union: Comparative Research
Authors
VOLODYMYR USTYMENKO

Doctor of Law, Professor, Corresponding Member of the National Academy of Sciences of Ukraine, Corresponding Member of the National Academy of Legal Sciences of Ukraine, Honored Lawyer of Ukraine, Director State Organisation “V. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine”) (Kyiv, Ukraine) ) ORCID ID: https://orcid.org/0000-0002-1094-422X v.a.ustymenko@gmail.com 

 

RUSLAN DZHABRAILOV

Doctor of Law, Professor, Deputy Director State Organisation “V. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine”) (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0002-4422-2102 ruzaur13@gmail.com 

 

TETYANA HUDIMA

Doctor of Law, senior researcher, Deputy head of the department State Organisation “V. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine”) (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0003-1509-5180 gudima.t@ukr.net

 

Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 8 / 2022
Pages 48 - 61
Annotation

The article notes that due to the active integration of technological advances into various spheres of social life, among which stand out virtual assets (crypto-assets), the need for proper legal support of relations, the subject of which are such assets, together forming a market of virtual assets, becomes relevant.

It is noted that in the context of the implementation of the Association Agreement between Ukraine and the European Union, the need to take into account the approaches to legal regulation of the market of virtual assets (crypto assets), which are reflected in the Proposals for regulation of the European Parliament and of the Council on Markets in Cryptoassets and amendments Directive (EU) 2019/1937 (MiCA), is becoming more relevant. It is emphasized that the approaches laid down in the MiCA are certainly important for determining trends in the legal regulation of the virtual assets market in Ukraine. In particular, in February 2022 the Law of Ukraine “On Virtual Assets” was adopted, which substantially adopted certain legal structures laid down in the MiCA. Given that the Law of Ukraine “On Virtual Assets” has not yet entered into force, the above circumstance provides an opportunity at this stage to propose ways for the maximum possible implementation of MiCA norms into domestic legislation, which will be consistent with the concept of the Association Agreement between Ukraine and the European Union and the recently acquired status of the applicant country for membership in the European Union.

It is argued that the Law of Ukraine “On Virtual Assets” should get more detailed terminological apparatus, which is inferior to MiCA in detailing and taking into account thespecifics of certain types of virtual assets. The expediency of specifying the term “virtual assets” with a focus on the peculiarities of distributed registry technology is proved. It is suggested to specify the system and legal status of subjects of legal relations in the field of circulation of virtual assets, especially in terms of specifying the legal status of issuers of virtual assets, taking into account the peculiarities inherent to issuers of virtual assets.

Additionally, there are arguments for the implementation of measures to liberalize the controlled and safe part of the virtual assets market. The importance of establishing a guarantee mechanism in the Law of Ukraine “On Virtual Assets” to protect the rights and legitimate interests of buyers of virtual assets is substantiated.

 

Keywords virtual assets; crypto-assets; financial virtual assets; the market of virtual assets; subjects of legal relations in the sphere of circulation of virtual assets; MiCA; European Union
References

Bibliography

Journal articles

1. Bočánek M, ‘First Draft of Crypto-Asset Regulation (MiCA) with the European Union and Potential Implementation’ [2021] 22 (2) Financial Law Review 37–53. DOI: 10.446 7/22996834FLR.21.011.13979 (in English).

 2. Buttigieg C, Efthymiopoulos C, ‘The regulation of crypto assets in Malta: The Virtual Financial Assets Act and beyond’ (2019) 13:1 Law and Financial Markets Review 30–40 (in English).

3. Náñez A, ‘Activities and Operations with Cryptocurrencies and Their Taxation Implications: The Spanish Case’ (2019) 8 Laws 16 <https://doi.org/10.3390/ laws8030016> (in English).

4. Ng M, ‘Choice of law for property issues regarding Bitcoin under English law’ (2019) 15:2 Journal of Private International Law 315–38. DOI: 10.1080/17441048.2019.1649235 (in English).

5. Pavlidis G,’ International regulation of virtual assets under FATF’s new standards’ [2020] 21 (1) Journal of Investment Compliance 1–8 <https://doi.org/10.1108/JOIC-082019-0051> (in English).

 6. Rysin V, Rysin M, ‘Vulnerability of virtual assets to illicit financial flows’ [2021] 8 (1) Economics, Entrepreneurship, Management 35–42 <https://doi.org/10.23939/ eem2021.01.03> (in English).

7. Tomczak T, ‘New York regulatory response to virtual currency risks’ [2021] 19 (4) The Opole Studies in Administration and Law 55–71. DOI: 10.25167/osap.4541 (in English).

8. Kud A, ‘Fenomen virtualnykh aktyviv: ekonomiko-pravovyi aspekt’ [2020] 3 (3) International Journal of Education and Science 1–13. DOI: 10.26697/ijes.2020.3.3 (in Ukrainian).

9. Kulyk O, ‘Udoskonalennia pravovoho rehuliuvannia poserednytskoi diialnosti na rynku virtualnykh aktyviv’ [2021] 2 (16) ScienceRise: Juridical Science 58–64. DOI: http://doi. org/10.15587/2523-4153.2021.234724 (in Ukrainian).

 

Electronic version Download