The Federation Council of Russia has approved the procedure for the seizure of cryptocurrency in criminal cases., 2026/02/20 09:50:42

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Совфед России утвердил порядок изъятия криптовалюты в уголовных делах0

The Federation Council has approved a law that outlines the procedures for the seizure, confiscation, and storage of digital currency during investigative actions. The document is set to be signed by President of Russia Vladimir Putin.

According to amendments to Article 104.1 of the Criminal Code, digital currency is recognized as property, and a mechanism for its confiscation is established. Investigative authorities are required to document the following in the seizure protocol:

  • type of digital currency (for instance, , , );

  • quantity of seized assets;

  • address identifiers associated with the assets;

  • when transferring assets for storage — the addresses of the sender and recipient, along with information that allows for the identification of the transaction.

Specific provisions of the Criminal Procedure Code state that when a seizure is imposed, operations involving digital currency may be fully or partially halted within the amounts determined by the court. The confiscation of assets must occur with the involvement of a specialist. 

Physical media containing access data to digital currency must be seized and stored in a sealed condition, ensuring that asset loss and unauthorized access are prevented.

According to expert Leonid Shatilov from the RSI GARANT service, the practical implementation of the seizure mechanism raises concerns. Crypto assets may reside on trading platforms, within protocols, in multi-signature wallets, or under the management of . In such scenarios, transferring funds is impossible without the involvement of third parties or interference with the protocol’s logic.

For businesses, the primary risk lies in the potential for broad interpretation of the regulations. Accurate documentation of the asset’s value at the time of seizure, its preservation, and a transparent process for return or compensation become crucial.

The expert anticipates increased scrutiny from law enforcement regarding digital assets, a rise in demand for blockchain analytics, and a growing number of cases where adherence to the seizure procedure will be a key aspect of defense.

Previously, the Chairperson of the Bank of Russia, Elvira Nabiullina, stated that to combat fraud, it is necessary to “introduce liability for transactions involving cryptocurrencies outside the officially regulated segment.”