Legal Regulation of Cybersecurity of the Circulation of Digital Financial Assets

Abstract

The key feature of digital financial assets and other crypto assets is that their circulation is carried out within the framework of an information system based on decentralized ledger technology. In this regard, for the purposes of stability and protection of the rights of investors, ensuring the cybersecurity of such a system is of great importance. The purpose of this article is to study the provisions of Russian legislation in the field of cybersecurity of information systems through which the circulation of crypto assets is carried out, and their comparison with the legislation of foreign countries, primarily France and Malta. As a result, the author concludes that the existing legal regulation in Russia is of a general nature, which hinders the formation and development of the market for digital financial assets in Russia. In this case, the question inevitably arises regarding the specification of legal requirements. In particular, how detailed should the legislation establish technological requirements? It seems that regulation should follow the principle of technological neutrality, that is, establish general requirements and goals, but not provide for the use of any specific technology.