نوع مقاله : مقاله پژوهشی
1 دانشیار،دانشکده حقوق، دانشگاه شهید بهشتی.
2 دانش آموخته دکتری حقوق جزا و جرم دانشگاه شهید بهشتی
3 دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
عنوان مقاله [English]
Feasibility of Including Elimination Rules on Miners (Cryptocurrency Mining Devices)
Bagher SHAMLOO (Associate Professor of Law, Shahid Beheshti University)
Aref KHALILI PAJI (Ph.D. in Criminal Law and Criminology, Shahid Beheshti University)
Somayeh PARHIZKARY (Master student of Criminal Law and Criminology, Shahid Beheshti University)
Technological developments always include issues of various dimensions, of which the legal aspect is undoubtedly one of the most prominent dimensions. One of the main factors of this is the lack of clear assignment of the law to the subjects and the need for interpretation and analysis based on the existing legal foundations, which is sometimes difficult and challenging in practice. Undoubtedly, one of the manifestations of technological developments is virtual assets and the issues surrounding them, which despite their development, the legal systems, especially the legal system of Iran, have not provided an appropriate response to the issues related to it. One of these cases is the issue of extracting cryptocurrencies using miner devices, many of the rules related to which have not been determined in Iran's legal system. Among these issues is the elimination of smuggled mining devices, which although there is no specific provision in the Law on Combating Smuggling of Goods and Currency approved in 1392 with subsequent amendments, including the amendments of 1400, Resolution No. 204483/00/p. dated 10 11/1400, the central headquarters to combat the smuggling of goods and currency has prescribed the elimination of miners in some cases. Based on this, the present article, with a descriptive-analytical method, based on the existing laws and regulations, it is tried to expand the possibility of including the elimination rules on miners and examine its legal aspects.