Неопределенность и сложности: законопроект о признании криптовалюты совместным имуществом в России Uncertainty and Challenges: The Bill on Recognizing Cryptocurrency as Marital Property in Russia

Member of the State Duma Committee on Industry and Trade, Igor Antropenko, has proposed recognizing cryptocurrencies as jointly acquired property in marriage. This legislative initiative aims to protect the rights of spouses in the event of a divorce. However, experts deem the proposal to be «hollow,» highlighting the lack of mechanisms for identifying digital assets in Russia.

The bill suggests amendments to Articles 34 and 36 of the Family Code of the Russian Federation.

The accompanying explanatory note mentions that with the digitization of the economy, Russians increasingly view cryptocurrencies as a form of investment and savings.

«The absence of regulatory frameworks governing the legal status of such assets in family relationships and divorce proceedings poses risks to the property rights of one spouse, which contradicts Article 19 of the Constitution of the Russian Federation, guaranteeing equality before the law and the courts, as well as the equal rights of men and women,» the document states.

The bill is under preliminary legal assessment by the Russian government and Elvira Nabiullina, the chairwoman of the Central Bank.

Since the initiative is not yet public, it remains unknown whether it includes a provision for spouses to voluntarily disclose access to wallets and exchange accounts and how to handle situations where one partner refuses to do so.

A lawyer is convinced that no one will voluntarily disclose their assets during a divorce; however, there are legal mechanisms that citizens and courts can utilize for that purpose. Nevertheless, no mechanisms exist for identifying cryptocurrencies within the Russian jurisdiction.

«This is due to the fact that the law still does not regulate the process of digital currency circulation, there are no official statuses for market participants, and there are no requirements for data exchange. As a result, it is relatively easy for Russian users to hide their cryptocurrency ownership, and the courts lack sufficient mechanisms for verification,» said Tugarin.

The expert further emphasized that if one spouse’s cryptocurrency is deemed to be involved in an offense, it would be impossible to hold the other spouse equally accountable without evidence of complicity.

Should the initiative be approved, it will not create any consequences, social or otherwise. It will remain «hollow» until approximately ten additional regulations are adopted to establish a comprehensive framework for cryptocurrency regulation in Russia, Tugarin pointed out.

«Given the current trends and approaches of the regulators, including the Central Bank of Russia, we can expect to see such infrastructure no earlier than 2027,» he added.

It’s worth noting that in May 2023, a New York resident discovered her husband’s secret cryptocurrency holdings during their divorce proceedings. A court accountant tracked down 12 undeclared BTC, valued at around $500,000 at the time.