Email this article Challenging the Actions of Bailiffs in the Sale of Debtors' Digital Assets
- Authors: Svidskii N.S.1,2
-
Affiliations:
- Lebedev Russian State University of Justice
- Thirteenth Arbitration Court of Appeal
- Issue: Vol 4, No 2 (2025)
- Pages: 31-39
- Section: Private law (civil)
- URL: https://journals.rcsi.science/2782-7372/article/view/312447
- DOI: https://doi.org/10.33693/2782-7372-2025-4-2-31-39
- EDN: https://elibrary.ru/UVIZFH
- ID: 312447
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Abstract
This article examines the problems of challenging the actions of bailiffs in the sale of debtors' digital assets. Conclusions. The specificity of digital assets is that they do not exist in reality, and therefore there is doubt about recognizing them as money or other means of payment. Nevertheless, the issue of classifying financial assets as objects of civil rights plays an important role in the sale of the debtor's property and the satisfaction of creditors' claims. The removal of digital assets from circulation and their protection should be developed, as well as an appropriate procedure for obtaining access by bailiffs to the digital assets of debtors and the sale of digital assets at auction in order to safeguard the interests of creditors. As a result, in is proposed to adopt a separate legislative act regulating digital assets or to make additions to the legislation on enforcement proceedings.
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##article.viewOnOriginalSite##About the authors
Nikita S. Svidskii
Lebedev Russian State University of Justice; Thirteenth Arbitration Court of Appeal
Author for correspondence.
Email: nikaklek@yandex.ru
SPIN-code: 8317-3762
postgraduate student, Department of Civil and Administrative Proceedings, Faculty of Higher Professional Training, associate judge
Russian Federation, Saint Petersburg; Saint PetersburgReferences
- Gavrilin Yu.V., Beder I.S. Identification of the holders of cryptocurrency wallets in the investigation of crimes in the field of illicit trafficking of drugs. Moscow: Infra-M, 2022. Pp. 67–68.
- Gavrin D.A. Digital financial assets and currencies in insolvency (bankruptcy) cases. Russian Law: Education, Practice, Science. 2023. No. 1. Pp. 75–82. (In Rus.)
- Gureev V.A. Optimization of enforcement proceedings and simplification of procedures for collection by the Federal Bailiffs Service: Challenges, problems and ways to solve them. Laws of Russia: Experience, Analysis, Practice. 2018. No. 8. Pp. 3–9. (In Rus.)
- Guryev O.P. Simplified enforcement proceedings: Reflections on the prerequisites and content of the legal institution. Arbitration and Civil Proceedings. 2020. No. 12. Pp. 19–22. (In Rus.)
- Dobrina T.B. Digitalization of the executive production in Russia. Application for recovery of digital assets. Questions of Student Science. 2021. No. 4. Pp. 253–259. (In Rus.)
- Kymogorova O.S. Decision on the possibility of seizure of digital financial assets, digital currency. Siberian Criminal Procedure and Forensic Readings. 2022. No. 1. Pp. 43–52. (In Rus.)
- Kalinkhuk P.D. Problems and prospects of the seizure of digital assets of a debtor in Russian law. Issues of Russian and International Law. 2024. Vol. 14. No. 6-1. Pp. 222–228. (In Rus.)
- Kalinkchuk P.D. Legal regulation of the sale of digital assets of the debtor. Juridical Science. 2023. No. 7. Pp. 131–134. (In Rus.)
- Kamensky A.A. Realization of digital assets in insolvency proceedings (bankruptcy). In: International & Domestic Law. Proceedings of the XVII Annual International Scientific Conference on National and International Law. Yekaterinburg, 2023. Pp. 930–937.
- Kuznetsov E.N. The right to execute judicial acts in the Russian Federation. Abstract of dis. ... of Dr. Sci. (Law). Yekaterinburg, 2022. P. 39.
- Ludanina A.V. Seizure of cryptocurrency assets in criminal proceedings of the Russian Federation: possible ways of development. Current Problems of Russian Law. 2023. Vol. 18. No. 6 (151). Pp. 98–104. (In Rus.)
- Masufranova E.A., Dubrovsky N.S., Makeeva I.O. Trends of challenging the actions (inaction) of bailiffs in connection with digitalization of execution production. In: Structural transformation of economy of territories: In search of social and economic balance. Collection of scientific articles of the 6th All-Russian scientific and practical conference with international participation. Kursk, 2024. Pp. 465–469.
- Prokhorov A.V. Cryptocurrency as the property of the debtor in cases on insolvency (bankruptcy) of citizens in the Russian Federation. In: Modern scientific and research solutions under conditions of technological and digital innovations. Rostov-on-Don, 2021. Pp. 645–649.
- Roshchupkina A.V. Problems of seizure, seizure and freezing of virtual assets in Russia and abroad. Bulletin of the Udmurt University. Series: Economics and Law. 2025. Vol. 35. No. 1. Pp. 140–145. (In Rus.)
- Streltsova E.G. Digital executive production. Lex Russica (Russian Law). 2023. Vol. 76. No. 10 (203). Pp. 135–145. (In Rus.)
- Tarankova M.A. Arrest of digital assets in enforcement proceedings. In: Constitution of the Russian Federation 30 years: History and new challenges to modern legal science. Materials of a national scientific conference with international participation. Omsk, 2024. Pp. 103–106.
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