cryptocurrency

The growth and development of technologies has become so widespread that there is a need for different divisions to describe them. One of these divisions is based on the impact that each of these technologies has on the society, which are divided into transformative, disruptive and non-governance technologies. Sovereignty-avoidance technologies have the ability to be out of the sovereign control of the governments and the governments cannot control, monitor and control them. Therefore, it seems that the expansion of these technologies has challenged the role of governments as the only powerful players in the field of international relations and help to expand transnationalism in the world. For this reason, the question of the current research is that how the non-sovereignty technologies lead to the spread of transnationalism, and in response to this question, using the theory of transnationalism, the hypothesis is raised that technology According to their nature, in all five indicators of attitude change, pluralism, dependence and interdependence, new tools affecting international relations and the emergence of new autonomous actors have provided serious changes in international relations. And they will help to spread transnationalism in international relations. This research has been conducted with a mixed (combined) qualitative and quantitative method. Also, considering the extent of non-governance technologies and the fact that their number may increase in the future, a case study in this research on the role of satellite subsystem technologies, blockchain, Digital currency, virtual private networks and tour browser have been implemented.

The emergence of cryptocurrency based on distributed ledger technology has led to significant changes in electronic commerce, as well as monetary and banking systems, reducing costs and increasing the speed of value transfers. At the same time, these cryptocurrencies, with features such as user anonymity, decentralization, and irreversibility of transactions, have created opportunities for crimes such as money laundering, fraud, and forgery. This research, using a descriptive-analytical approach, examines the legal challenges related to cryptocurrency crimes and explores solutions for controlling them. The findings show that legal gaps and the lack of a precise legal definition of cryptocurrencies have created challenges in judicial proceedings. Among the proposed solutions are the amendment of existing laws, the enactment of new laws that are in line with the characteristics of cryptocurrencies, and the enhancement of international cooperation. Additionally, training and empowering judges and law enforcement officers, as well as fostering collaboration between government and private sectors, have been proposed as strategies to address these challenges. These measures can help control criminal activities related to cryptocurrencies and strengthen the criminal justice system in combating this emerging phenomenon.

In recent years, cryptocurrencies have been used officially or unofficially in many countries as a "value carrier" element and a serious competitor for conventional financial exchange methods. Cryptocurrencies are one of the most important applications of block chain technology, which, along with their opportunities and strengths, are also associated with a set of weaknesses and threats. The challenges attributed to cryptocurrencies have caused many countries to not be able to take a proper position for regulation in this field. The purpose of this research is conceptualization as well as identifying the challenges of regulating cryptocurrencies in our country. In this article, by collecting the required information by library and field method, while identifying the existing challenges, the result is presented in the form of a conceptual model and by referring to the opinion of experts through a semi-structured interview and quantifying the opinions obtained with the consensus index. It has been measured. The sampling method for conducting this interview was a purposeful judgment and snowball type, which continued until theoretical saturation and the sample size reached twelve people. The results of the research confirm that the "weakening of financial and regulatory governance institutions" has the most regulatory challenges, as well as the abundance of regulatory challenges around cryptocurrencies in the country, respectively, in the fields of "sovereignty/government", "people" and "business". "Works" is concentrated.

Cryptocurrency is a unique type of digital payment. It is used to online pay for goods and services, just like money is becoming mainstream today. In today's world, cryptocurrencies are a powerful and at least new technology with a long history in the world for our dear country Iran, which can be used in various programs with great efficiency in many issues of society, including economy, education, production and most importantly, the prosecution of security crimes in the field of crimes. Organized intelligence and cyber structure at a reasonable cost and be implemented on a large scale. So far, many researches have been presented on the topic of cryptocurrencies; But now many profiteers in the technological field in the world use cryptocurrencies as a tool for spending and hiding their security violations and intelligence penetration in various fields.

The current research has evaluated previous articles in different dimensions by using the meta-analysis method and emphasizing the use of digital currencies and their applications. The statistical population includes all the researches conducted from 2016 to the end of 2022 in the field of the subject under study. Through targeted sampling, 7 researches (research and promotional articles) related to the subject were selected through the scientific database and were examined based on different criteria.

This technological progress in the field of digital currencies affects many areas, including cyber security crimes such as intelligence infiltration, goods smuggling, drug trafficking, arms trafficking, human trafficking, human body organ trafficking, medicine, etc. . Unfortunately, according to the objective evidence as well as the research findings of our beloved country, Iran has become one of the contaminated countries and used by profiteers and criminals in the field of cryptocurrencies due to lack of proper infrastructure to manage and supervise the field of digital currencies.

 In today's vast world, many traditional concepts have undergone changes with the advent of the Internet, and economics has been and will be one of the most important aspects of this change. Business based on the Internet network, which is a branch of electronic business and includes exchange processes in all fields, which are carried out from zero to one hundred on the web platform, is the most important axis of these changes and developments. Is. Cryptocurrencies are one of the tools that are increasingly used in this type of business, and various researches have been conducted on them. In fact, due to the multifaceted nature of this technology, the aforementioned researches also include different fields such as computer science, economics, jurisprudence, management, and marketing. The current research tries to provide an optimal understanding of this technology by presenting the main definitions of cryptocurrencies and its financial regulations in other countries in order to facilitate legislation. In other words, the main issue is how to fill the legal vacuum in the field of cryptocurrency technology through legislation in this field, to respond to the problems and challenges that have arisen, and in addition, the possibilities and achievements. and recognize the economic and financial benefits of cryptocurrency and e-commerce, and in this way help the economic progress of the country.

 Azari et al. (1401) in an article entitled "Emerging Financial Phenomena (Bitcoin) from the perspective of the Holy Qur'an and Imami jurisprudence", have addressed the issue that money, which is a measure of the size of property and a means of transactions, and one It is one of the phenomena that has been used in economic life for a long time, despite its simple appearance, it is constantly evolving; Including since 2009, when a new form of money called cryptographic money or Bitcoin was born and it is transferred only through virtual space. Rahimi and Emininia (1400) in an article entitled "Cryptocurrency, Challenges and Crimes Around It", have emphasized that the formation of electronic money or digital currency causes challenges and New issues have become for the economic system of countries and especially central banks. One of the characteristics of cryptocurrencies is the secrecy of the identity of the exchangers, which has led to the formation of crimes and problems. Based on this, the authors have tried to investigate issues such as creating a platform for tax evasion as well as environmental destruction due to excessive energy consumption of processing equipment of this type of currencies. Bolotovav et al. (2019) in a research entitled "Legal Nature of Cryptocurrencies", have considered the issue of how digital currency quickly became popular around the world and formed a new field of public relations that is badly needed. It is regulated and controlled by the government. One of the main problems in this field is defining the legal nature of cryptocurrencies; That is, the answer to the question, what is cryptocurrency as a subject of legal regulations? According to the authors, the answer to this question is not easy; Because cryptocurrency in its subject and function is not only similar to money, but also similar to goods and non-documentary securities. Prazulfo Kolesnikova (2018) in an article entitled "Aspects of Legal Regulation of Cryptocurrencies", have tried to examine the issues of legal and regulatory governance of the new type of electronic money and cryptocurrency. According to the hypothesis of this research, there is no fixed state for understanding the forms and methods of regulations and legislation of cryptocurrencies in different parts of the world. The authors have paid attention to the existing formulas about cryptocurrencies based on the necessity of scientific understanding in order to identify them and have emphasized the main legal prerequisites, especially regarding the regulation of payment systems.

This article presents data and analyzes them by collecting library resources in a descriptive and analytical way.

 Characteristics of cryptocurrencies  One of the famous definitions of cryptocurrency is provided by two computer science professors in the Cornell University publication, based on this definition, cryptocurrency is a quasi-money tool and data product. There are two main reasons for this naming. First, the pricing rules are non-mandatory; (this is not true for all cryptocurrencies and they use it mostly in cases where the government or a certain institution does not have a decisive role in the creation of the cryptocurrency) which causes The price of cryptocurrency will be determined based on public demand, unlike common currencies such as the euro and the dollar; On the other hand, being virtual and relying on computer data will create significant security and prevent unauthorized access by people other than the tool key holder. Jurisprudential review of cryptocurrencies  In Islamic jurisprudence, what can be used in financial actions and events is not outside of five forms: object, benefit, usufruct, right, religion or responsibility. Ain is the same external independent object and it is placed in front of the other four types with its types. The benefit is called the right to use interest of the object and it is caused by the origin of the object. Usufruct, like benefit, is a kind of permission to use, with the difference that it does not lead to ownership and is used only to the extent of permission and permission. Some scholars do not believe in such a division between profit and benefit and consider both of them to be the same. In our opinion, currency cannot be called benefit or profit; Because what is used is the object itself. That is, in case of use, the self of the object is depreciated and there is no matter outside of it that its survival implies the use of its benefit. Now the question is, can cryptocurrency be considered a kind of right? In this regard, it should be said that cryptocurrency, like paper money, needs to be checked whether its owner has a document that proves his religious right or not, and cryptocurrency itself has an exchange value. To answer this question, it should be said that rights are either objective (subsequent) or religious. Rights have a non-physical nature and are actually based on something outside. For example, the right of ownership, which is derived from the relationship between the owner and the owner, which is the main objective right, or the right of mortgage to the mortgaged property in case of non-repayment of the debt, which is called secondary religious right. With these explanations, it can be said that cryptocurrency is not a right in itself, but it can be the subject of some of the rights proposed in jurisprudence and law. In the case of religion or dhimma, the situation is the same, that is, as it was said, religion is caused by a legal event or action and does not itself have an external nature. But cryptocurrency has a foreign independent nature and can be obtained independently through mining.

One of the controversial topics in Iran's economy after the Islamic revolution is the relationship and interaction of the government with the market and its role in economic settings, which is due to the legal support and legal prerequisites for the feasibility and facilitation of affairs. has the mentioned At the same time, by providing correct and accurate definitions of cryptocurrency technology and identifying them as a type of financial capital like stocks, efficient laws can be formulated, especially in the field of taxation. This prevents the abuse of cryptocurrencies by speculators and profiteers, and by legalizing and limiting it, puts the technology of cryptocurrencies in an economic and financial form. In addition, with the clarification of the relevant laws, the public will be allowed to use the benefits of these virtual currencies. Finally, it should be said that in the shadow of such laws, the preference for the native counterpart of this technology is also increased and the monitoring of cryptocurrencies is facilitated in order to prevent crimes such as money laundering, which are harmful to the country's economy.

The contemporary era has been increasingly influenced by new and evolving technologies, one of which is the blockchain, and the most important application of this technology has been formed in the field of currency cryptography. Currency cryptography has long been a serious competitor to current and conventional methods of financial transactions and is now used as a value-bearing element in many countries around the world based on indigenous scenarios. The economic dimension of national security, also known as economic security, has also become particularly important. This article tries to answer the question of how the use of cryptocurrencies can affect the economic dimensions of national security; Therefore, by collecting the required information, which is a mixture of library and field methods, while proposing theoretical foundations and also enumerating the components of national economic security in national and international dimensions, identifying the effects of cryptocurrencies on them as the main purpose of this article. To be presented and presented in the form of a conceptual model, then by referring to the opinions of experts through a questionnaire and quantification of opinions received through the consensus index, the degree of agreement of experts on each component and finally the totality of the model was assessed. The results confirm the priority of the component "economic crimes" with a consensus index of 1.05 in the national dimension and "possible abuses" with a consensus index of 1.01 in the transnational dimension

Blockchain, as a new technology that has created the third generation of the internet or WEB3.0 in combination with the internet, has caused significant impacts on various dimensions of social life, including governance, and it can boldly be said that what we have seen from its effects on Westphalian sovereignties is just the tip of the iceberg. Blockchain, with the help of its seemingly simple features of consensus, decentralization, and anonymity of users, has created a revolution in the communication among citizens worldwide, bringing what Mc Luhan called the global village closer to reality, beyond the control of governments. In this article, with a library method, we seek to find answers to questions about the opportunities and challenges that this new phenomenon has created and will create for governments.In fact, we are witnessing the governments weakening in the face of emerging phenomenon of blockchain, as part of the exercise of government is being taken over by individuals without the need for the government and using the blockchain platform. Governments also have no longer control and supervision over individuals operating within their own jurisdiction and doing so without revealing their identities because the design of blockchain allows users to operate under aliases and not to disclose personal information such as their name or email to use blockchain-based software.Behind this technological influence, naturally, as with any other technology that embraces social and political changes, there is a particular philosophy and worldview, and the main core of this idea in the use of blockchain to challenge governance should be considered as a philosophy called crypto anarchism, which was born over a decade ago before the birth of blockchain technology. The goal of this idea is to eliminate the need for intermediaries and regulators in the economic relations of citizens and to avoid any kind of dependency on them as much as possible. According to the power-averse cryptographers, this idea can be implemented by a decentralized and independent blockchain system.However, the degree of decentralization and the change in the concept of governance depends on how much and in what way this technology is utilized. In this regard, cryptocurrencies as one of the blockchain-based tools have provided an opportunity to create an independent economic system free from government and political borders that is impossible for governments to supervise and reduce their power to control monetary and fiscal policies as well as taxation.Amid all this, like any other technology, this technology has had unwanted consequences besides desirable results, including the reduction of the control of regulatory bodies on organized crimes like financing terrorism and money laundering, which have been facilitated by the use of cryptocurrencies and blockchain technology, and the support of criminals and terrorists. We have also witnessed an increase in organized financial crimes such as money laundering. For instance, in January 2014, the Federal Court of New York charged one of the most famous figures in the Bitcoin ecosystem, Charlie Shrem, with money laundering, accusing him of providing Bitcoins to users of an online underground market called "Silk Road", where various illegal items such as drugs, weapons, human trafficking, etc. were traded, and Shrem was the exchange broker for cryptocurrencies in this market.All of the above has led most international and national financial institutions to seek management and control of the space created around cryptocurrencies and, more broadly, the control of blockchain technology.In December 2013, the European Banking Authority issued a public warning to consumers and the general public stating that unregulated digital currencies pose various risks, including the potential loss of funds by users, as long as there are no regulations in place to protect them. Many other international and regional entities have also taken this path.In general, it should be said that although the weakening of borders and territorial sovereignty began with the expansion of the internet, the creation of blockchain technology should be considered a revolutionary movement against Westphalian sovereignty. Today, the issue is not just about performing certain tasks without regard to borders, but also about addressing many of society's needs through this method. When we consider the fact that we are still at the beginning of a long road in blockchain technology, we can envision the future in line with the ideals of crypto anarchism ideologues. Today, we are witnessing a growing movement towards the development of blockchain-based activities in both the private and government sectors. However, there are also challenges and difficulties on the path towards progress in this field, including the ongoing North-South gap in access to information technology and necessary infrastructure among countries. Ultimately, we must recognize that although blockchain has had a tremendous impact on challenging sovereignty, and it is predicted that this impact will only increase in the future, even the success of what is considered ideal by blockchain developers does not undermine sovereignty, but only affects effective governance.

Among the new technological issues associated with virtual space is the use of Bitcoin as a virtual currency and cryptocurrency instead of traditional money. The unique features of Bitcoin have separated this type of virtual currency from other virtual currencies; Because this type of virtual currency has faced problems due to not being included in traditional payment systems; so that on the one hand it has been deregulated and on the other hand traditional payment rules have no place for this type of currency; Therefore, this issue has made bitcoin more attractive to financial-economic criminals than other virtual currencies and leads to economic crimes such as money laundering, fraud, smuggling of goods and currency, etc. The current research has studied Iran's criminal policy in the management of cryptocurrencies (Bitcoin) with a descriptive-analytical method; The results of the research indicate that Iran's criminal policy against such crimes that arise from the use of cryptocurrencies has been a passive policy (prohibition of use), but now a more realistic policy, which is similar to the policy, is waiting. "Stay and see" has been undertaken. According to this policy, the bank is not a guarantor in the field of verifying the authenticity of cryptocurrencies and does not apply any mechanism to manage and stabilize their prices, and the risk and risk of investing is with the investor himself.

According to the teachings of the Holy Quran, property has a relative value and is in line with creation and divine pleasure. Property must also flow and be owned through lawful and in a healthy economic direction. Therefore, the dissolution of property in the two meanings of the inherent dissolution of property and the dissolution of business and property is highly emphasized in the teachings of the Holy Quran and money is the criterion of the size of property and transactions and one of the phenomena used in people's economic life for a long time. , Is constantly evolving and evolving. Since 2009, a new form of money has emerged in the world economy. Under the name of encrypted money (bitcoin) and is transferred only through cyberspace. With the spread of this type of money, there is a serious change in the nature and economic function of money. Changes in the nature and function of the economy may lead to a different jurisprudential function than ordinary money. Therefore, it is necessary for jurisprudential scholars to carefully identify the nature and economic functions of this phenomenon by quoting the verses of the Holy Quran and narrations, and to clarify the types of permissible and impermissible rules for its application in economic relations. In this regard, in the present study, first the thematics of cryptocurrencies has been done, then the jurisprudential aspects of the subject of extraction have been explained.

The emergence of cryptocurrencies and the expansion of related exchanges can be considered one of the most prominent manifestations of the development of intangible assets in the financial and commercial exchanges of individuals. Human life has always been influenced by the two tendencies of trying to overcome the existing limitations and determining the framework and systematicity towards the achievements of this effort in order to avoid disorder and disruption of relations. The emergence of this phenomenon can also be considered as one of the products of this effort. Cryptocurrencies are now at the peak of the evolution of human endeavors to overcome the limitations of trade from barter and pure trade to the use of financial intermediaries that in the past and Today, money is the most obvious example of this, however, before entering the works and identifying the pillars, the contracts containing these currencies, the inherent status and identifying these currencies as money or goods, it is of particular importance that this article seeks to answer To it.

The emergence of cryptocurrencies and the expansion of related exchanges can be considered one of the most prominent manifestations of the development of intangible assets in the financial and commercial exchanges of individuals. Human life has always been influenced by the two tendencies of trying to overcome the existing limitations and determining the framework and systematicity towards the achievements of this effort in order to avoid disorder and disruption of relations. The emergence of this phenomenon can also be considered as one of the products of this effort. Cryptocurrencies are now at the peak of the evolution of human endeavors to overcome the limitations of trade from barter and pure trade to the use of financial intermediaries that in the past and Today, money is the most obvious example of this, however, before entering the works and identifying the pillars, the contracts containing these currencies, the inherent status and identifying these currencies as money or goods, it is of particular importance that this article seeks to answer To it.

Mining and trading of digital currencies are required new considerations in domestic and international law. Rapid growth and economic competition in a different financial environment, which questions the existing banking structures, has led to a general tendency towards this issue. Today, the number of digital currencies is increasing. However, establishing uniform rules for e-commerce in all countries and international organizations seems to be a complex and voluminous task, and its impossibility is closer to reality. It is crucial to study national and international laws and regulations on this issue, indicating the existence of legal gaps in this area and solutions. The review of this emerging issue based on the practical and powerful technology in e-commerce should be considered to provide effective solutions. While examining the legal opportunities and capacities of extracting and trading virtual and digital currencies such as Bitcoin, this study concluded that the current situation of virtual currencies is facing domestic and international legal gaps. Finally, it required some solutions and suggestions to fill those gaps.

The issue of recognizing cryptocurrencies has become an important topic of discussion among experts in many disciplines with the development of emerging blockchain technology and the growing demand for digital currencies. This new type of money, which is expected to become the common currency of the 21st century, moves in the form of encrypted codes between individuals or entities connected to peer-to-peer networks. Blockchain technology also plays a major role in the development process of this type of currency and its decentralized transactions. Cryptocurrencies are at the forefront of world economic and financial development today. This has created numerous opportunities and threats in financial markets around the world and has attracted the attention of a significant number of governments, economic actors, and citizens. Accordingly, the number of actors involved in the cryptocurrency trade has increased dramatically in recent years. In this paper, an attempt is made to examine the performance of cryptocurrencies, their impact on the economy, and the threats and opportunities for the development of this technology by studying the experience of three East Asian countries in a descriptive-analytical manner that are pioneers in this field. Due to the novelty of this field of study, the present study is divided into descriptive and explanatory sections.

In the wake of the financial crisis and mistrust of the central institution in 2009, global financial markets were faced with a new phenomenon called virtual currencies. During the very short time this kind of currency could find its place in people daily transactions. In recent years, Iran also has expanded the use of this new payment instrument. According to their peer to peer transferring and decentralized system that led to elimination of intermediary institutions, the need to public policy making in dealing with this emerging economic phenomenon has found a double importance.
In this study, the first attempt will be made to review the history of Bitcoin. Then, virtual currency challenges and opportunities will be explored by looking at the status of legislation in other countries, and finally, a Comprehensive framework for identifying the dimensions of the virtual currency challenges is designed for legislators.