Here’s why Russia’s investigating committee seeks regulating Bitcoin as property

Russia’s main federal investigating authority is proposing new legislation for Bitcoin that could potentially criminalize its transfer through third parties.

Russia’s Investigative Committee has put forward a proposal that could potentially affect the country’s cryptocurrency market. In early February, the agency’s Chairman Alexander Bastrykin announced during an extended board meeting that the committee had proposed to legally recognize cryptocurrency as property, Russian news outlet Interfax reports.

He also suggested criminal liability for transferring electronic payment instruments to third parties. Russian legal experts interviewed by crypto.news divided on whether cryptocurrency falls under this term. But one thing is clear: if approved, the changes would lay out clear rules on how cryptocurrency can be seized or confiscated during investigations.

Droppers

As of press time, Russian law doesn’t have a standardized way how to handle cryptocurrency in criminal cases. However, that could change soon. The proposed amendments would officially classify crypto as property, allowing authorities to treat it as evidence. New rules would also set guidelines for freezing and confiscating cryptocurrencies.

One key issue the committee is addressing in its call is the illegal use of third-party bank accounts — often referred to as “droppers” — to facilitate cryptocurrency transactions. This is why authorities suggest criminal liability.

According to Russia’s law, electronic payment instruments refer to methods that allow individuals to manage and transfer funds through electronic systems, such as banking cards or digital wallets. But when it comes to cryptocurrency, law enforcement faces technical challenges in identifying and tracking illicit transactions.

Vladimir Sobinsky, a legal expert at the law firm DRC, which represented Binance in 2020, explained in a commentary to crypto.news that the issue is how crypto is bought in Russia. Many crypto newbies rely on peer-to-peer services of centralized crypto exchanges, he says.

There, they essentially “buy access” to someone else’s banking app because Russian banking rules limit their ability to buy crypto directly. This mechanism technically counts as using a dropper’s services, Sobinsky explains.

“In most cases, this is due to the fact that when frequently conducting crypto buy or sell transactions, users’ bank cards are blocked under Federal Law 115-FL, and they are forced to close their accounts. As a result, an individual who frequently buys and sells cryptocurrency is forced to ‘buy access’ to a third party’s banking app in order to conduct transactions through their account, effectively using the services of a dropper for their own purposes.”

Vladimir Sobinsky

Bastrykin’s proposal seems to criminalize this practice in an effort to curb the increasing number of crimes related to cryptocurrency, especially those involving young individuals. Sobinsky says droppers are often “young people or migrants” who are willing to “sell access” to their bank account for 50,000-60,000 Russian rubles (around $500-600).

According to data from Russia’s Investigative Committee, there was a 10% increase in digital crimes in 2024 compared to the previous year, with nearly one in five such offenses committed by individuals under the age of majority. However, it’s unclear how many involved crypto.

Legal implications

While the idea of criminal liability for transferring electronic payment instruments is clear, whether it applies to crypto wallets is not. Sobinsky says crypto wallets are not considered electronic payment instruments. Nevsky IP Law, another Russian firm that also represented Binance in court, believes they are.

“[…] in terms of crypto, electronic payment instruments include both digital and hardware wallets. The initiative to criminalize the transfer of such electronic payment instruments to nominee parties is understandable. In the case of bank cards, law enforcement, regulatory authorities, and banks themselves know who is making the transaction. With cryptocurrencies, however, the wallet is often known, but not the specific individual.”

Ruslan Gafurov, partner, head of dispute resolution practice at Nevsky IP Law

Gafurov also noted that the phenomenon of “droppers” is common in Russia’s banking card sector. Banks always include a clause in card issuance agreements prohibiting the transfer of cards, but “no criminal bans currently exist,” Gafurov says, adding that the issue “is not as simple as it may seem at first glance.”

Addressing Bastrykin’s call to classify crypto as property, the Nevsky IP Law partner says it is already recognized as property under Russian law, especially in civil and tax matters.

“Courts have previously dealt with questions about whether cryptocurrency is considered property in bankruptcy and divorce cases. It was then that it was first confirmed in Russia that, under the meaning of Article 128 of the Civil Code, cryptocurrency is indeed considered property.”

Ruslan Gafurov

However, Gafurov acknowledged that the proposed amendments may be necessary to address the specific procedural issues related to cryptocurrency in criminal law. For instance, these amendments could give light on the confiscation and seizure of cryptocurrencies. He pointed out that the issue isn’t about recognizing cryptocurrency as property, but about how it is treated in criminal investigations.

Sobinsky adds that Russian law enforcement has been facing many challenges so far, from tracking stolen crypto to returning it to victims.

“If cryptocurrency is tracked down, found in a custodial wallet, and its movement is stopped, the question arises of how to recover it. The development of regulations in this area is very important and should primarily focus on increasing the number of solved crimes in this field.”

Vladimir Sobinsky

Both law firms agree that while recognizing crypto as property isn’t new, the proposed changes would bring more clarity to criminal investigations. They think the laws should also address practical issues, like how crypto can be seized, frozen, or used as evidence in criminal cases.