Engaging a specialist for the investigation of cryptocurrencies in criminal, civil and arbitration proceedings

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Abstract

The spread and use of cryptocurrencies (digital currency) in Russia and globally is increasing significantly every year. As the cryptocurrency market has grown, its criminal component has also grown at the same time. The number and degree of public danger of crimes where cryptocurrency acts as an object, aim or means of crime is steadily increasing. Civil and arbitration disputes over cryptocurrencies are also on the rise. Consequently, there is an objective need to effectively protect the interests of victims from criminal offenses, investigate relevant crimes and resolve disputes. Addressing these issues is impossible without the assistance of cryptocurrency specialists. The article formulates a definition of cryptocurrency crime, analyzes the challenges of using cryptocurrencies, ranging from the incomplete regulatory framework of its circulation to the lack of expertise among most practicing lawyers. It investigates and summarizes the conflicting practices in terms of requirements for cryptocurrency specialists, their conditions and procedure of their involvement in various legal proceedings. The prevalence of incompetence and dishonesty among individuals and companies offering services in the crypto market is noted, and appropriate warnings are put forth. The study systematizes and describes typical criminal, investigative and judicial scenarios where the expertise of a cryptocurrency specialist is necessary. It also provides conclusions and recommendations on organizing and strategizing interaction with cryptocurrency specialists in the interests of victims (including organizations), investigative authorities and/or the court. The conclusion summarizes the roles of cryptocurrency research specialists in various stages and legal proceedings (criminal, civil and arbitration) from oral and written consultations, preparation of specialist opinions to participation in investigative actions, court hearings and negotiations between conflicting parties. The research incorporates both general and specific scientific methodologies such as system-structural analysis, formal-logical extrapolation, document analysis, statistical analysis, prognostic and interviewing techniques.

About the authors

Yury P. Garmaev

Dorji Banzarov Buryat State University

Author for correspondence.
Email: garmaeff@mail.ru
ORCID iD: 0000-0001-5431-8063
SPIN-code: 9555-5164

Doctor of Legal Sciences, Full Professor, Professor of the Department of Criminal Law, Procedure and Criminalistics, Institute of Law and Economics

24 «a» Smolina str., Ulan-Ude, 670000, Russian Federation

Grigory P. Osipov

Krasnoyarsk State Agrarian University; Joint-Stock Company «Shard»

Email: grigory.osipov@shard.ru
ORCID iD: 0009-0007-9626-6901

external doctoral candidate, Krasnoyarsk State Agrarian University; Director of Investigations, Shard Joint Stock Company

30/9, Novy Arbat street, Moscow, 121099, Russian Federation

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Copyright (c) 2024 Garmaev Y.P., Osipov G.P.

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