The determination of legal status of cryptocurrencies and questions of economic and legal support for their use in ukraine

Abstract

The article considers modern approaches to the determination of the legal status of Bitcoin and other cryptocurrencies in order to create effective economic and legal mechanisms for their regulation. The main tendencies in the regulation of cryptocurrencies by the international financial regulators and leading countries of the world are analyzed, and also it is proposed to unify the common features for all cryptocurrencies. A comparative analysis of the draft Law of Ukraine "On the Cryptographic Currency in Ukraine" and the Draft Law of Ukraine "On Stimulation of the Cryptographic Market and its Derivatives in Ukraine" was conducted, and ways of optimizing the domestic legislation on legal regulation of cryptocurrency were proposed. It is defined that the cryptocurrencies’ use drawbacks are, above all, the risks associated with their lack of real provision of them. Therefore, in the event of certain emergencies (new economic crises, wars, prohibitions and restrictions on the use at the state level), the cost of screaming on the stock market can instantly turn from liquid asset to "soap bubble". The advantages include the following factors: instantaneous calculation speed (from several seconds to several minutes); no commission for committing transactions; anonymity of settlements; high degree of security of operations; irreversibility of payments; no need to convert to the currency of the country of calculation. It is determined that the phenomenon of cryptocurrencies is a completely new phenomenon that arose as a result of the evolutionary development of electronic money.