The State Duma approved the procedure for the arrest and seizure of cryptocurrencies: assets will be recognized as property and will be able to transfer to a special address
The State Duma has passed a law that prescribes the procedure for the arrest and seizure of digital currency in the framework of criminal proceedings. The key legal innovation is that digital currency is directly recognized as property in criminal and criminal procedure law.
How exactly will crypto assets be able to be withdrawn. The law establishes two practical ways:
- withdrawal of physical media (servers, computers, "cold wallets") where access to assets can be stored;
- transfer of digital currency to another address (in fact, transfer under state control), if necessary to ensure safety and subsequent procedures.
At the same time, a mechanism for seizing cryptocurrencies is being fixed to ensure possible confiscation or civil action. This is an important point for practice: now the investigation has a "procedural framework" that reduces the likelihood that assets will "dissolve" before the final court decision.
Why this is a game changer. Prior to the adoption of such standards, investigations focused on the status of cryptocurrencies and the technical side of control: how to properly make an arrest, who is responsible for storage, how to prevent the loss of keys and unauthorized withdrawal. The law actually legalizes for the investigation the standard principle for the crypto market: in order to preserve an asset, it must either be isolated along with the carrier, or promptly transferred to a controlled address — and this will be considered the "correct" procedural action.
Risks and practical issues that will arise during the application phase.
- Cybersecurity of “state storage". Transferring to a "different address" automatically raises the issue of key storage standards, multi-signature, access audits, and leak liability.
- Valuation and volatility. Crypto assets can dramatically change their price: businesses and courts will have to be more careful in assessing damage/collateral in order not to argue about the "amount" at the moment.
- The crossbarder aspect. In cases involving international transfers and exchanges, it will be critical how requests and interactions with foreign platforms will be structured, especially if assets move quickly between jurisdictions.
What does this mean for businesses and participants in foreign economic activity. For companies that interact with crypto (as an investment asset, as part of a settlement infrastructure, or in tokenization projects), the signal is simple: The state is transferring cryptocurrency from the "gray zone of procedures" to an understandable property control regime. This will increase the predictability of law enforcement, but it will also increase compliance requirements: the sources of funds, transparency of operations, and internal policies on keys and access will become not a "recommendation", but an element of protection in a potential dispute.
