news

Ramsar exchange in Iran is the largest focus of legal uncertainties

According to Mehr News Agency, Hassan Abdulian Pour wrote in a note on the subject of legal vacuums of the currency in the country: Ramriers (Digital currencies) as a new phenomenon and, of course, pioneering in the financial system of the world, has created numerous challenges and questions in various dimensions, including economic, governance, political issues, and so it has created profound legal issues in the Iranian legal system.

The decentralized and transnational nature of these currencies has made the traditional monetary and financial laws not easily implemented and the vacuum. Legal And there are various jurisprudential interpretations, and therefore have given special precautions and special desires and motivations.

Currency Code Despite Central Bank Approvals and Governance Institutions Ramriers It is also facing serious legal challenges and ambiguities in Iran, including issues such as extraction, trading and maintenance and its use.

Extraction:

Although the currency extraction activity has been recognized for the past 5 years, its practical and legal challenges continue to exist. First, to obtain a more expensive energy tariff, many of Mines Led to underground activity.

Unauthorized extraction of currency or unauthorized currency or by illegal use of subsidized electricity is in accordance with the regulations of violations and is confronted with the seizure of heavy equipment and penalties. However, the absence of criminalization in the law has made it difficult to extract unauthorized criminal prosecution and has been more relevant to the administrative tools of power outages.

On the other hand, authorized minors also with legal uncertainty in exploiting their own revenue Face Were ros; In particular, before the recent policies were communicated, it was not clear whether Mines They are permitted to sell the resulting currency in the world markets or are required to provide it to the central bank at an official price. Although the approvals 1 and 2 stated that the use of the extract currency code was permitted only for imports and through the banking system, the executive mechanism was not presented. As a result, much of the country's extraction capacity remained either stagnant instead of exploiting the official economy or gained from the informal ducts of its interests.

Damage to the country's electricity grid is another problem; So that at some point due to the consumption of severe electricity, government farms are forced to impose seasonal restrictions on activity Mines became. The sum of these factors shows that the field of extraction requires integrated regulations and monitoring to encourage legal and transparent activity to prevent abuse of public resources.

Transaction and exchange

The arena of exchange Ramriers In Iran, it is the largest focus of legal ambiguities. Due to the lack of formal licensing for Exchangers online currency exchanges operate in a situation between legitimacy and illegitimacy. The legal point of view is whether the purchase and sale of currency is considered legal operations by private individuals. Ramriers It does not declare a crime, and as a result, the principle of legalization of crime requires that purchasing and maintaining currency passwords for ordinary persons Fi Self Not illegal, as noted, the banned banned the use of currency as a formal payment as well as the activity of unauthorized financial institutions in this area, so millions of Iranian users who have been selling and selling all kinds of Quinn in domestic or foreign currency exchanges in recent years have failed to deal with criminal regulations. But This does not mean that there is no legal risk; Because there is no legal support for these transactions.

Maintenance and use of the currency password

Currency Currency Currency, for example, in the wallet and its exploitation has also raised questions, as mentioned above, the use of currency as a common currency and payment tool is prohibited; So any contract of purchase of goods or services within Iran that Saman That is the code of the currency from the legal point of view of the location.

According to monetary law, Iran is the official units of money and any reference to other currencies in domestic exchanges is banned as permissible, as it is considered a dollar or euro in everyday transactions. That is to say, the seller and the buyer cannot pricing and settle an asset based solely on Bitcoin, because such a contract is not legally recognized and the court may consider it invalid or non -applicable.

In addition, there is a ceiling for currency maintenance in Iranian regulations. For foreign currencies, there are about € 6,000 for any natural person, and unofficial reports suggest that authorities intended to restrict or submit the high values ​​of the currency, although the executive mechanism in this regard is not clear, but the principle of the foreign exchange is not clear. Problem Tax is also raised; In the absence of laws, the transparent duty of income tax or profit from investing in the currency was uncertain. With the capital gain tax plan was to be transferred Code Also, be taxable, which, as mentioned, is currently on the way to return. Legal It is.

On the other hand, maintaining a password is accompanied by new legal risks.

According to the foregoing discussions, it is clear that the field Ramriers In Iran, it requires comprehensive legislation and accurate regulation. The importance of the requirements that should be taken into account in the legislation of this field are legal definition and classification Ramriers: First step providing a clear definition of currency and currency types and Code It is in the law, like the definitions of the Supreme Council of Cyberspace, which must be clarified what kind of digital tokens or currencies are subject to monetary regulations. This classification helps to eliminate ambiguity within the jurisdiction of different institutions.

To recognize the currency asset as property

The law must state that the password of a currency is an economic value and its ownership and transfer have the right to support. This is the basis of the requirement. Particularly The relevant contracts and the possibility of judicial investigation provides disputes, thereby, the rules on the bankruptcy of the collateral and the supply of demand for Ramriers Also formulated to ensure the rights of its owners.

Prohibition of applying as an internal payment tool

In order to safeguard the government's monetary sovereignty and the economic stability of the law must be prohibited or restricted to use Ramriers Irresponsible As a means of payment in internal transactions Forgive According to the declared policy, exceptions such as platforms are based Token The internal considers the internal for limited exchange within specific frameworks, but the principle of non -interference with the universal currency's password in the domestic payment system.

Framework for licensing and monitoring currency exchanges

One of the most necessary actions, LegalThe rules of the direction Licensing To service businesses Ramarzi Currency Code – Exchange and Bags, etc.) and determining the terms of their activity. The law must specify which authority is responsible for licensing, drafting the necessary regulations, and monitoring the performance of these businesses under the new Central Bank's law.

Fighting Money Laundry And financing terrorism:

Each legal framework must adapt to international standards of combat Money Laundry (AML) and financing the CFT terrorism because the anonymous nature of some Ramriers Provides a favorable basis for financial crimes. The law must provide reporting obligations to intermediate institutions.

Criminalization

Forecasting new criminal titles fits the nature Ramriers Is one of the other requirements. For example the creation or administration of unauthorized trading platform after course The arrangement It must be explicitly prohibited and punished so that the activities on the channels Licensed Be guided. Also offenses, such as fraud through the initial supply of fake Kevin Pyramid -based currency -based currency -based currency and unauthorized extraction They are punishable. The determination of these crimes will both deterrence and the legal gaps that may benefit from cybercriminals, in addition to guaranteeing administrative execution for milder violations, such as penalties and blocking offenders.

Transparent Tax Regulations

The legislator must specify the duty of income tax arising from the extraction and transactions of the currency. Code Income tax Mines And the tax on the exchange rate is a transaction fee. Tax rules are in addition to generating sustainable income for the government, preventing tax evasion and underground activities, but rates and standards must be in such a way that the incentive of capital outflow is reduced.

Develop a national currency password and support internal initiatives

In addition to the legislative restrictive regulations, the legislator must not block the platform for financial innovation. Supporting the central bank's national or regional currency password can be provided as an alternative solution to maintain new sovereignty control technology.

In short, the comprehensive currency law must, in addition to the controlled recognition of this phenomenon, contain its risks and provide the rights of all stakeholders, government, investor users and businesses. Such a law requires a multidimensional, financial, criminal law technology of commerce and jurisprudence, and requires the cooperation of three forces and specialized institutions. Gary Transparent can have unwanted economic and social consequences.

In the end it should be noted that Ramriers As a bilateral phenomenon Opportunity And the threatening of the Iranian legal system has entered a new field in which financial innovation is intertwined with the requirements of economic and religious security. Studies show that significant efforts have been made in recent years to ruin this area; From the initial bans on the banking network to the acceptance of extraction as an industry and ultimately moving towards centralized regulation under the supervision of the central bank and the approval of macro policies at the highest levels.

However, more steps are needed to achieve a sustainable and efficient legal framework. Comprehensive retribution Ramriers The technical experts of jurists and jurists must be carried out to ensure the economic interest of the country and to maintain the stability of the national currency and to ensure that new regulations can be guaranteed.

Undoubtedly the passive approach or absolute prohibition is neither realistic nor can be continued; As experience has shown, the currency market in Iran has continued to grow and today has become an undeniable reality; So the setting solution is active, that is, formal identification Ramriers And its controlled integration into the financial system under the rules and careful monitoring of this approach along with the overall policy of the resistive economy and the second step of the revolution in interest Consignment It is one of the new technologies that must be vigilant against risks. With transparent laws, public education and culture about Ramriers Strengthening international cooperation in the fight against relevant crimes and the creation of Shari'a Islamic contexts, it can be hoped that the country will have effective and beneficial presence in the new financial age while safeguarding its economic and religious values.

(tagstotranslate) Resistance Economics (T) Judiciary (T) New Central Bank Law (T) Hassan Abdulianpour (T) Islamic Revolution of Iran (T) Terrorism
Source:mehrnews

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button