CONCLUSION OF AGREEMENTS IN CRIMINAL PROCEEDINGS REGARDING ILLEGAL POSSESSION OF CRYPTOCURRENCY (VIRTUAL ASSETS)

Abstract

The article is devoted to the study of the conclusion of agreements in criminal proceedings on the illegal possession of cryptocurrency. The topicality of the topic is due to the fact that cryptocurrencies (virtual assets) have gained significant popularity among ordinary citizens in recent years. Accordingly, in this sphere of social relations there is also an increase in crime, guilty persons are brought to criminal liability, and among others, the question of the possibility and features of concluding agreements in such criminal proceedings arises. In the research process, the formal-logical method, as well as methods of systemic and technical-legal analysis were applied. The procedural tools available to the prosecutor in the context of concluding a plea agreement during the pre-trial investigation of crimes related to the illegal acquisition of cryptocurrency are given. Rules have been formulated on what circumstances should be taken into account when entering into a plea agreement. The features of concluding a settlement agreement in criminal proceedings regarding the illegal possession of cryptocurrency both during a pre-trial investigation and in court are given. A step-by-step algorithm for fixing the return of cryptocurrency to the victim or its transfer to cryptocurrency wallets, which are controlled by the prosecutor’s office or bodies specially authorized to store cryptocurrency, is proposed. The requirements for what information and in what sequence should be reflected in the plea agreement and in the reconciliation agreement, in the case of their conclusion in criminal proceedings for illegal possession of cryptocurrency, have been formulated.