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The State Duma of Russia Has Adopted a Law Regulating the Arrest and Forfeiture of Digital Assets

  • Feb 10
  • 2 min read


The Russian State Duma has passed the third and final reading of a bill establishing the procedure for the arrest and seizure of digital currency under criminal proceedings, according to its official database.

The arrest of digital currency entails a prohibition on transactions. This applies to cases where the security of the digital currency cannot be ensured solely by seizing a physical storage device or by transferring the assets to a designated identification address—specifically when third parties hold access codes or when backup recovery methods exist.

The bill was introduced to the State Duma in April 2025. The explanatory note states that current criminal and procedural laws do not explicitly define digital currency as property. This lack of definition complicates investigations into crimes involving digital currency and hinders the enforcement of related financial claims.

The note also highlights investigative challenges posed by various storage methods: 'hot' wallets (web wallets, software programs) and 'cold' wallets (physical media or hardware wallets). The new legislation empowers investigators to seize digital currency found on physical media or to transfer it to a secure identification address.


Executive Consulting Hub Comment:


The Gap Between Law and Technology !


The Russian State Duma has passed the final reading of the law on the seizure of digital currency, yet the legislation reveals a fundamental misunderstanding of blockchain technology. The lawmakers appear to be operating under a "legacy" legal mindset, attempting to apply physical property rules to decentralized digital assets.


Key Points of Technical Incoherence:


  • The Illusion of Control through "Arrest": The law establishes a "prohibition on transactions," but in a decentralized network, no central authority can "freeze" a non-custodial wallet. Without the private keys, a court order is technically unenforceable on the blockchain level.

  • Misunderstanding "Cold" vs "Hot" Storage: The explanatory note highlights challenges with different wallet types but fails to acknowledge that the currency itself never "resides" on the device. It exists only on the ledger; the devices merely store keys. Seizing a "cold" wallet without the seed phrase is as effective as seizing a locked safe without the combination.

  • The "Address-Identifier" Fallacy: The law suggests transferring assets to a "designated identification address". This assumes the state has developed a secure, multi-signature custodial infrastructure capable of managing various protocols, which currently does not exist in a regulated form.

  • Conflict with "Zero Trust" Principles: By focusing on third-party access codes and backup recovery, the Duma ignores the "Zero Trust" and "Autonomy" pillars that define modern digital security. If a user follows best practices (Physical Protection and Autonomy), the state's attempt at "seizure" becomes technically impossible without the user's voluntary cooperation.


Conclusion: This legislation is a clear example of "legal signaling" rather than a functional regulatory tool. By failing to grasp the basic principles of cryptography—specifically that access equals ownership—the Duma has created a law that is legally loud but technically mute. The state perceives crypto as a threat to its monetary hegemony, hence the strategic use of deterrents to suppress mass adoption.

 
 
 

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