NFT, unlike cryptocurrency, are intended to transfer rights to specific objects: images, music and other objects of the digital (and not only) world. The rights themselves, in particular copyrights, are regulated by Russian law. However, the Civil Code does not provide for the method of their transfer by means of a token in the blockchain. This means that a transaction using an NFT token in legal terms will be considered as a transaction without observing the written form (that is, as an oral agreement). In most cases, the Civil Code requires a written registration of the transfer of copyright (paragraph 2 of Article 1234 of the Civil Code), the conclusion of a license agreement (paragraph 2 of Article 1286 of the Civil Code). In the absence of an agreement, you will not be able to confirm either the expenses for tax purposes, or your rights in the event of legal protection.
Currently, crypto enthusiasts are trying to solve this problem through an offer agreement on platforms trading NFT- tokens. However, the success of this approach depends on the jurisdiction in which such an agreement will be implemented. With regard to the Russian Federation, there is no such practice yet.
To summarize, NFTs are not prohibited in Russia, but their use does not cause any legal consequences. If you receive proceeds from the sale of NFT, you also risk getting your account blocked under 115-FZ - in the absence of documents, it will be problematic to confirm the origin of funds.
Digital financial assets in the Russian Federation - is this NFT?
According to the Law, the CFA can be called NFT to some extent, since these are also tokens through which certain rights are transferred.However, digital assets exist on a non-decentralized, private blockchain, and therefore hardly correspond to the meaning that is put into the concept of NFTs, through which artists and musicians sell their work on marketplaces.
When will digital appear in Russia ruble, will this affect the status of cryptocurrencies in our country?
The Russian government is considering the possibility of issuing the digital ruble into circulation, as China has already done by creating the digital yuan. However, you need to understand that the digital ruble or yuan has little to do with cryptocurrency - only blockchain technology is common. Otherwise, their essence is diametrically opposite: state digital currencies are not decentralized, their emission and circulation are controlled by the central bank, and instead of the anonymity inherent in cryptocurrencies, total control over their use is laid. In fact, the digital ruble or yuan is not a cryptocurrency, but a method of conducting cashless payments through the blockchain. This means that they will not have any significant impact on the crypt.
When will the digital ruble appear and will it appear at all? I think that it will appear, because it is beneficial for the state: less costs for circulation, higher control over the movement of money and settlements. Despite the resistance of banks, which are afraid of falling out of the process of digital money circulation as an unnecessary link, I believe that the emergence of the digital ruble is inevitable in the long term.
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