On Digital Currency as Property for the Purposes of Inclusion in the Debtor’s Bankruptcy Estate in Insolvency Cases

Vollständiger Abstract

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This article notes the differences between digital currency and things and property rights, highlighting legislator’s and courts’ approaches to defining digital currency as property under Article 128 of the Civil Code of the Russian Federation. It notes a tendency of the courts to consider digital currency as other property not only for the purposes of protecting the public interests and the interests of non-participants of the digital currency circulation, particularly when it is included in a debtor’s bankruptcy estate under Article 131 of the Russian Insolvency Law, but also to protect the interests of the digital currency owner or participants of its circulation.