You bought USDT, handed it over for management, and never got it back. Can you go to court? Until recently, the answer was no — unless you had reported it to the tax authorities. But on January 20, 2026, the Constitutional Court changed the rules of the game.
Dmitry Timchenko’s case could have ended in a routine dismissal. He purchased 1,000 USDT for 81,500 rubles, transferred them to an acquaintance for exchange trading, and the assets disappeared. The courts ruled: since he had not notified the tax authorities of his cryptocurrency holdings, he had no right to judicial protection. That was the requirement under the Digital Financial Assets Law.
But the Constitutional Court saw things differently.
The Ruling
The key point: the obligation to report digital currency is legally established for miners only. Those who simply bought USDT, Bitcoin, or Ether on an exchange or from a third party are subject to no mandatory declaration procedure.
Therefore, depriving such holders of the right to judicial protection is unconstitutional.
The justices emphasized a fundamentally important principle: cryptocurrency is property. Yes, its circulation is not yet fully regulated — but that is no reason to leave a person unprotected when their assets are unlawfully withheld or stolen.
Why This Changes the Landscape
Prior to this ruling, courts frequently dismissed claims citing the absence of "notification" under Federal Law No. 259-FZ. That practice should now become obsolete. Holders of cryptocurrency lawfully in their possession — whether purchased, received as a gift, or transferred for management — can now demand its return through the courts, regardless of whether they filed any declaration.
The Constitutional Court’s decision is a powerful step toward the legalization of crypto circulation. However, questions surrounding taxation, cross-border transfers, and the status of cryptocurrency in other jurisdictions remain unresolved. Moreover, the very fact of litigation may attract the attention of tax authorities, particularly in cases involving significant amounts.
If you hold crypto assets, you now know: your right to protect them has been affirmed at the level of the Constitutional Court. But how to properly document a transaction, prove ownership, substantiate value, and avoid creating tax complications — these are matters that require professional expertise.
We help build transparent and secure cryptocurrency strategies in compliance with Russian legislation. Our experts advise on:
How to document digital asset transactions properly.
What risks persist even after the Constitutional Court’s ruling.
What steps to take if your assets already require judicial protection.
Do not let uncertainty erode the value of your assets. Contact Acsour to transform cryptocurrency from a source of risk into a managed and protected asset.