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Lawyers explained what it means to recognize virtual assets in Ukraine as digital things

В этой статье:

1. What is recognized as a “digital thing”?”

2. Cryptocurrencies are coming out of the gray zone

3. What about the Virtual Assets Act?”

And what about the Virtual Assets Act?

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On August 10, 2023, the Verkhovna Rada passed bills on digital services and digital things. In particular, virtual assets (VA) are also recognized as such.

What this means for cryptocurrency users in Ukraine, Incrypted’s editorial team has looked into it together with lawyers.

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What is recognized as a "digital thing"?

Laws provide detailed definitions regarding digital things, services and content, Juscutum lawyer Vyacheslav Zlatin told Incrypted. Specifically:

  • a digital thing is defined as virtual assets, digital content and other goods that are created and exist exclusively in the digital environment and have property value;
  • digital service provides the consumer with the ability to create, process, store, distribute data in digital form, as well as to perform any other actions with such data that have been created or downloaded by the consumer or other users of this service;
  • digital content means any information, including information and data in digital form, regardless of whether it is subject to intellectual property rights.
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Cryptocurrencies are coming out of the "gray zone"

According to the document, the provisions of the Civil Code of Ukraine on things may be applied to IAs. In simple words, for users it means that they will be able to protect the rights to their cryptocurrencies – to pass them on as inheritance, to contact law enforcement in case of digital asset theft, etc.

So far, the segment has been in a legal vacuum and so-called “gray zone”, said a leading lawyer of the Project Office under the Ministry of Digital Transformation of Dmitri Nikolaev, speaking to Incrypted.

The segment was previously in a legal vacuum and so-called “gray zone,” Dmitry Nikolaevsky, a leading lawyer at the Project Office under the Ministry of Digital Transformation, told Incrypted:

“Now we will confidently say that transactions with IA are quite legal, because IA is a digital thing, one of the objects of civil rights. There is no ban on using digital things in Ukraine, which means we can freely use VA”.

The legislative bills create a framework for the ownership, circulation and protection of digital things and regulate relations on the provision of services in the digital environment, says Vyacheslav Zlatin.

The bills will establish a framework for the ownership, circulation and protection of digital things and regulate relations on the provision of services in the digital environment.

It will establish opportunities for owners of digital things to enter into transactions with digital things and protect such property on a legal level – for example, buying and selling meta-universe items, he said.