LEGAL STATUS OF VIRTUAL ASSETS AND CRIMINAL LAW QUALIFICATION OF ACTS RELATED TO THEIR ILLEGAL CIRCULATION IN UKRAINE

Abstract

The article provides a comprehensive legal analysis of the legal nature of virtual assets within the framework of Ukrainian criminal legislation as of 2026. The relevance of the study is driven by the rapid digitalization of economic relations and the emergence of new forms of property crime that require a clear and systematic legal assessment. The author examines in detail the evolution of the legislative approach to the definition of virtual assets, analyzing the provisions of the basic Law of Ukraine “On Virtual Assets” and its interaction with the norms of the Civil and Criminal Codes of Ukraine. The work emphasizes the specific nature of cryptocurrencies as intangible assets that have economic value but are not legal tender in Ukraine. It is proved that despite the absence of a physical manifestation, virtual assets are integrated into the property system as objects of civil rights, which allows them to be considered as the subject of crimes against property. A special scientific interest is the analysis of the problems of criminal law qualification. The article critically rethinks the application of traditional norms on theft and fraud to digital objects. A special emphasis is placed on the differentiation between the corpora delicti provided for by Art. 185 and Art. 361 of the Criminal Code of Ukraine, which arises in case of unauthorized access to crypto wallets. It is substantiated that for correct qualification it is necessary to consider not only the fact of seizure of the asset but also the method of interference in information systems. The specifics of Digital Forensics in the investigation of crypto crimes are considered, in particular the procedural order of fixing blockchain data and identifying address owners. The findings of the article contain practical recommendations for law enforcement and judicial authorities on the unification of approaches to the assessment of digital evidence and the determination of the amount of damage in hryvnia equivalent at the time of the completion of the crime. The prohibition of the use of any sources from the occupying country is strictly followed. The research is based on a modern understanding of property, including intangible digital assets, which aligns with European legal trends and the practice of the European Court of Human Rights. Moreover, the article discusses the impact of MiCA regulations on the domestic legal system and the necessity of harmonizing Ukrainian laws with international standards. The study further identifies prospects for improving procedural legislation regarding the seizure and confiscation of virtual assets, ensuring the comprehensive protection of property rights in the digital era. This scientific work contributes to the development of a unified legal doctrine regarding cryptographic assets