ПИТАННЯ ПРАВОВОГО РЕГУЛЮВАННЯ ГЕНЕРУВАННЯ ВІРТУАЛЬНИХ АКТИВІВ ЯК ВИДУ ПІДПРИЄМНИЦЬКОЇ ДІЯЛЬНОСТІ

Abstract

The article reveals the content of the legal nature of digital cryptocurrencies, as well as activities for their generation ("mining"). The etymology and meaning of the terms "mining" and "cryptocurrency" are explained. Attention is drawn to the need for legal regulation of this activity. The economic and legal nature of mining is indicated. A comparison of the concepts of entrepreneurship and mining concluded that mining is one of the new types of entrepreneurship that has emerged in connection with the needs of the digital economy. The modern legislative regulation of cryptocurrency transactions is considered, in particular some provisions of the Law of Ukraine “On Virtual Assets” dated 11.06.2020 № 3637. The shortcomings of the mentioned Law № 3637 are pointed out. issues of digital generation (mining) of cryptocurrencies are in a "legal vacuum". The past attempts of regulation in the history of the legislative process aimed at the legal support of the legal nature of cryptocurrency and mining, as activities for its extraction, are shown. An analysis of some provisions of the bill "On the circulation of cryptocurrency in Ukraine" from 06.10.2017 № 7183 and the bill "On stimulating the market of cryptocurrencies and their derivatives in Ukraine" from 10.10.2017 № 7183-1. The foreign experience of some post-Soviet countries in the legalization of cryptocurrency transactions, as well as cryptocurrency extraction and taxation of this type of activity is analyzed.It is noted that the entrepreneurial nature of mining activities raises questions about the measures of its state regulation. It is proposed to regulate this activity by licensing it, taxing cryptocurrency transactions and supplementing NACE 63.11 with new provisions. It is concluded that the regulation by the legislator of the issues of recognition of "mining" as a type of business activity will allow large, small, medium-sized businesses to freely (legally) use cryptocurrency in business (commercial) activities. It is also noted that the legalization of cryptocurrency mining will bring certain benefits both for the state (increase in tax revenues) and for the miners themselves.