THE PROCEDURE FOR OBTAINING A PERMIT IN UKRAINE TO PROVIDE SERVICES WITH VIRTUAL ASSETS

Abstract

The article studies the procedure for obtaining permission to provide services related to virtual assets in Ukraine. Payments by digital assets in Ukraine today have a high level of risk and are carried out outside any jurisdiction that restrains their spread. Historically, every stage of economic development, the existing form of payment instruments has been transformed in accordance with the requirements of society. Such an apogee of modern transformations caused by technological progress was the emergence of digital assets, which preceded the introduction of electronic money. Such digital financial assets have a common name in society as "cryptocurrency". The purpose of the article is to conduct a study aimed at establishing the peculiarities of the state procedure for obtaining permission to provide services related to virtual assets in Ukraine. According to the results of the study, it was found that obtaining the appropriate permission, in some cases, and in relation to certain types of virtual assets, is not mandatory. We can also indicate controversial issues, namely regarding the existing requirements for applicants, in paragraph 4 of Article 19 of Law 2074, regarding the confirmation of funds for the formation of the authorized capital, on the basis of official documents or copies thereof, certified in accordance with the established procedure. The following unanswered questions arise in Law 2074: 1) how that a non-resident legal entity, which is expressly permitted in paragraph 6 of Article 9 of Law 2074, which by law of the state of establishment is not obliged to have the authorized capital at all, and accordingly it will not meet the requirements for applicants in paragraph 4 of Article 19 of the Law 2074; 2). how that a resident legal entity that received income and paid related taxes in the period from 1991 to 2000 will not be able to confirm them properly, because the period of storage of archival documents has expired, and the tax base, regarding the possibility of confirming such payments to the budget, is absent; 3). how that a non-resident legal entity received income in the period up to 1991 – it will also not be able to properly confirm the source of such income for the same reasons: because the period of storage of archival documents has expired, and the tax base, regarding the possibility of confirming such payments to the budget, is absent.