October 2022 – Blue Horse Builders Pvt. Ltd.

Stex founder: Cryptoderivative platforms are Forex-Kukhni of the beginning of zero

FORKLOG continues the series of podcasts “Explain behind the crypt”, where he communicates live with representatives of the crypto industry.

In March, the guest of the show was the founder of the Estonian cryptocurrency exchange of Stex Vadim Kurilovich. In an interview with FORKLOG Live, he spoke about the regulation trends in the EU and Estonia, the imperfection of KYC and the disadvantages of marginal trade.

Regulation in Europe and Estonia

According to Vadim Kurilovich, the regulation of the cryptocurrency industry in the EU is aimed at combating money laundering:

“Regulators do not bother where you are translating and how you spend cryptocurrencies. It is important for them that users do not wash money. The regulator is not interested in the expenses of the conditional Ivanovov, but if his operation seems suspicious, the regulator will ask for additional documents “.

He notes that Estonia has developed one of the best cryptocurrency legislation in Europe:

“In Estonia, regulation rules are not just copied from the banking sector. There are many nuances in crypto regulation, it is still being formed – this is a dynamic process “.

In July 2020, Estonian regulators tightened the rules for registering cryptocurrency companies – increased the state fee and demanded the physical presence of the company’s offices and employees in Estonia. More than a thousand companies could not fulfill new requirements and lost licenses.

“The tightening of the rules coincided with the pandemia of the coronavirus. Some companies have difficulties with overwriting. Representatives of companies simply could not fly to the country or hire people in Tallinn. Many businesses closed because they calculated the new requirements too burdensome. Most likely, these companies initially did not need an Estonian license, ”comments Vadim Kurilovich.

He is sure that effective legislation can be developed only when the business interacts with regulators. For this reason, Stex joined the working group in blockchain and virtual currencies (BVS WG), which advises the EU regulators on crypto industry regulation.

Decentralized exchanges at risk due to lack of KYC

Kurilovich considers the main risk for DEX the lack of “Know your client” [Know Your Customer, KYC].

“If the trading platform does not have KYC, for the regulator this is washing money,” explains the founder of STEX.

Vadim emphasizes that KYC on adjustable crypto -streaks needs to be modified:

“There is a bank secret and general data protection regulation (GDPR). At the same time, programs to combat money laundering (aml) apply. The problem arises: GDPR and AML/KYC have mutual contradictions. The question is how to make them make them, so that they fulfill their functions “.

BVS WG is working on the improvement of Aml/KYC in the crypto industry. The group advises the EU regulators about services for monitoring transactions and identification of users on exchanges.

There are no regulated cryptoderivative platforms in the EU

The founder of STEX notes that the EU does not have a clear regulatory framework for the cryptoderivat market.

“If someone says that in European jurisdiction there are derivatives for cryptocurrency, Leverid and so on, he deceives you,” says Vadim.

According to him, margin platforms have many opportunities to cheat users:

“With the exception of Kraken, where there are at least some pieces of paper, a derivative trade in cryptocurrencies today is Forex-Kukhni by the beginning of zero. With all the problems arising from this “.

Kurilovich emphasizes that not all cryptoderivative exchanges want to deceive their users. However, it is easier for them to do this than spooning platforms.

Do not store cryptocurrencies on exchanges

In 2018, the founder of the Canadian Crypto Ripper Quadrigacx Gerald Kotten died. In April 2019, the exchange announced bankruptcy. The investigation showed that the cause of bankruptcy of the Quadrigacx exchange was the fraudulent actions of the cottage.

He spent users’ money on maintaining a luxurious lifestyle and opening margin positions on other exchanges. When customers https://gagarin.news/news/a-billion-crypto-users-in-the-next-few-decades/ withdrew funds from the exchange, Kotten compensated for their balance sheets due to deposits of other customers.

Vadim Kurilovich believes that such a situation can repeat herself on unregulated sites. He urged users not to store cryptocurrency on exchanges:

“Use cryptocurrency wallets. No one knows what can happen somewhere in the middle. As money can be lost in the bank, so the exchange can lose it somewhere. There is always risk “.

Recall that last week Vadim Kurilovich spoke about the new bill on the regulation of crypto -activists markets in the EU (Mica).

Read the FORKLOG Bitcoin News in our Telegram-cryptocurrency news, courses and analytics.

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‘ [one hundred sixty]The Regulation Modern society agreed stating:rn’there are already appreciable hurdles imposed by the courts prior to a judicial critique can be brought. There may be scope for reform but the primary traits of judicial critique, of holding the executive to account in the work out of broad powers, really should not be lost’ [161]However, it is not always that the judicial assessment proceedings are getting time, but the actual trouble is the courts them selves who are not able to system the massive variety of programs in a time efficient manner.

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rn’We want go again to a procedure in which Judicial Evaluate is obtainable for genuine promises, which delivers persons with entry to Judicial Critique exactly where they need it but weeds out the instances that need to frankly in no way be there in the initially place’ [164]Therefore, to do this, it is maybe not the very best option to minimize time limits, thinking of judicial critique limitation interval is one of the shortest in comparison to other limitation periods. The option is to manage how several claims are coming as a result of the courts and prohibit those people that are not authentic which are protecting against those people who are looking for a solution from receiving just one. Standing. The take a look at for standing in judicial proceedings in usually thought of to be a broad 1, triggering several complications.

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Having said that, judicial review also exists over and above the scope of CPR fifty four. [165] Some of the statutory varieties of judicial overview have in a different way worded standing assessments, of which ‘person aggrieved’ being fairly prevalent. In the circumstance of English Heritage v Secretary of Condition for Neighborhood Authorities [166] the Court docket of Charm found that a man or woman who had participated in a arranging enquiry only as a member of a team and who had only attended areas of that inquiry, was not a ‘person aggrieved’ pursuant to s288.

[167]In 2005, the governing administration gained a selection of in the same way unwelcome setbacks just before the ECtHR in this period of time. In June 1996, the Court’s judgement in Benham v United kingdom [168] identified the British isles in breach of Write-up 6. [169] Benham experienced refused to pay his poll tax and was at some point gaoled for 30 times for that contains to withhold payments. He had not been in a position to pay for to make use of counsel at his demo and no legal support was offered to pay out for lawful representation.

The ECtHR considered that the government’s failure to deliver legal illustration had denied the correct to a honest listening to.

This was adopted in Hussain v United kingdom [170] . To Conservative MPs nonetheless, the most controversial judgement by the ECtHR was McCann v British isles. [171] McCann was an Write-up two [172] case where the situation concluded that the killings could not be justified less than Article two(two) [173] . In reaction, the federal government evidently gave severe thing to consider to withdrawing British isles citizen’s right of specific petition to the Fee. It determined instead to check out to pressurise the Council of Europe to curb the ECHR’s jurisdiction and to set a great deal wider boundaries to the ‘margin of appreciation’ doctrine.

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