The Constitutional Court of the Russian Federation has accepted a complaint regarding the restriction of judicial protection for cryptocurrency owners if they have not submitted data on their assets to the Federal Tax Service. The author of the appeal, lawyer Marat Amanliev, told TASS that it should be considered within six months. The decision to appeal to the Constitutional Court of the Russian Federation was made after the lawyer's client was denied a claim because he had not submitted information about digital assets to the Federal Tax Service.
Courts refuse to satisfy similar claims, citing the lack of notification to the tax authorities about owning cryptocurrency, which makes the right to judicial protection conditional, which today can only be realized after completing a formal notification, the procedure for which is not established.
The lawyer's appeal to the Constitutional Court of the Russian Federation refers to part 6 of article 14 of law No. 259-FZ "On Digital Financial Assets". This law allows courts to consider disputes in the field of DFA only if information about them and all transactions on them has been submitted to the tax service. However, the procedure for such notification has not yet been approved legislatively, which leads to a paradox: protection in court is possible only after submitting a form that does not exist.
This situation violates several articles of the Constitution at once: on the prohibition of restricting judicial protection, equality before the law, and the inviolability of private property. In this regard, the lawyer asks the court to repeal the law, since it is impossible to fulfill its requirements in accordance with existing legislation.
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