Can Bailiffs Take Your Cryptocurrency? What Changed on September 1, 2026

Since September 1, 2026, bailiffs in Russia have separate rules for arresting and selling a debtor’s cryptocurrency: how to arrest it, bar its disposal, and sell it at auction.

Before that, the enforcement law merely recognized digital currency as property and had no separate rules for arrest and sale.

We read the new provisions and explain which cryptocurrency they cover, how an arrest works, and what a debtor can do.

The main points:

• digital currency was treated as property for enforcement proceedings before, and since September 1, 2026 there have been rules for its arrest and sale (Law No. 283-FZ);
• the arrest is placed on the debtor’s own digital account, while at an intermediary (nominee holder) the law does not allow such an arrest (Art. 82.1(1) of Law No. 229-FZ);
• for a money debt, collection from cryptocurrency works like this: first an arrest, then a sale at organized trading through a broker (Art. 89 of Law No. 229-FZ);
• if the key to the wallet is yours, bailiffs may take steps to gain access, but the law does not say which (Art. 73.7(7));
• a complaint against a bailiff’s ruling is filed within 10 working days (Art. 122 and Art. 15(2) of Law No. 229-FZ).

The provisions are given as of November 6, 2026. We found no practice applying the new rules.

What Changed on September 1, 2026?

Three laws in this article:

• No. 282-FZ “On Digital Currencies and Digital Rights”: the main law on cryptocurrency;
• No. 283-FZ: the companion law, which amended related laws, including the enforcement law;
• No. 229-FZ “On Enforcement Proceedings”: the law bailiffs work under.

Law No. 282-FZ of August 4, 2026 fixed that digital currency is property (Art. 2(1)(1)). The word “cryptocurrency” does not appear in the law, which says “digital currency.” Below we write “cryptocurrency.”

This status used to be fixed in Art. 68(4) of Law No. 229-FZ, added by Law No. 259-FZ in 2020. It was repealed on September 1, 2026; the status is now in Law No. 282-FZ.

Four terms from the law:

• depositary (in the law, a “digital depositary”): an organization that keeps records of clients’ cryptocurrency, as a bank keeps records of money. For example, on October 6, 2026 the Bank of Russia entered VTB Bank and Sberbank in its register of digital depositaries;
• digital account: an account for recording cryptocurrency (Art. 22);
• holder: the person on whose “holder’s account” the cryptocurrency is recorded (Art. 22(6)); an intermediary’s account is of a different kind;
• nominee holder (intermediary): an organization on whose account other people’s cryptocurrency is recorded. For example, a depositary opens such an account with another depositary and records its clients’ cryptocurrency on it (Art. 17(5)).

Art. 14 of Law No. 283-FZ of August 4, 2026 amended Law No. 229-FZ of October 2, 2007.

Since September 1, 2026, the enforcement law has:

• arrest of cryptocurrency (Art. 82.1);
• the procedure for executing documents on the write-off of cryptocurrency held by the debtor (Art. 73.7);
• a ban on collecting clients’ cryptocurrency for the depositary’s own debts (Art. 73.6);
• an option for the creditor to send a write-off document directly to the depositary (Art. 8.2);
• a bailiff’s request to the depositary for information on the debtor’s cryptocurrency (Art. 69(8.1)).

These rules also apply to digital financial assets (DFAs) issued under Russian law. Here we speak only about cryptocurrency.

Which Cryptocurrency Can Bailiffs Collect From?

The arrest and sale mechanism is built for cryptocurrency that a depositary records. For your own wallet with a key, the law gives the bailiff only the right to take steps to gain access, and it does not describe those steps.

Four places where it is kept:

• At a depositary, on your account. The depositary freezes the cryptocurrency within the amount of the debt as soon as it receives a copy of the arrest ruling (Art. 82.1(11));
• At an intermediary (nominee holder). The law prohibits arresting or writing off cryptocurrency from its account (Art. 82.1(1), Art. 73.7(3)). We do not see this as protection from collection. The cryptocurrency belongs to the intermediary’s client, that is, the debtor. The law bars only one method and does not say how bailiffs will act otherwise;
• Your own wallet, with the key in your hands. The holder here is the person who has the key and disposes of the cryptocurrency in their own name (Art. 24(3) of Law No. 282-FZ). Bailiffs may take steps to gain access and transfer the cryptocurrency to the creditor, but the law does not say which steps (Art. 73.7(7));
• A wallet with access from a depositary. You use it, but operations go through with the depositary’s consent (Art. 24(5) of Law No. 282-FZ). Once it receives a demand from a writ of execution, the depositary may not consent to operations other than those the document requires (Art. 24(7)). How this works technically is set by the depositary’s rules (Art. 24(6)).

A foreign exchange. We found no procedure for it in the law. The rules on digital currencies also extend to “foreign digital instruments” (Art. 1(4) of Law No. 229-FZ), but it is unclear whether your asset fits that concept.

How Do Bailiffs Arrest and Sell Cryptocurrency?

The procedure for a money debt:

1. The bailiff first collects from money, and if there is not enough, from other property, including cryptocurrency (Art. 69(3) and (4) of Law No. 229-FZ). If there is enough money in the accounts, collection from other property is not applied. The bailiff may arrest property earlier and without this order, even while the debtor still has time to pay voluntarily (Art. 80(1)).
2. The bailiff may request information on your cryptocurrency from the depositary (Art. 69(8.1)).
3. Next, the bailiff issues a ruling on the arrest (Art. 82.1(2)). Witnesses and an inventory of property are not needed for this kind of arrest (Art. 80(5)).
4. A copy of the ruling is sent to you, the creditor and the depositary no later than the next day (Art. 82.1(10)).
5. The arrest means a ban on selling the cryptocurrency, pledging it, or transferring it to another depositary (Art. 82.1(3)).
6. A broker sells the cryptocurrency at organized trading (Art. 89(3)). The price cannot be lower than the weighted average for the last hour of trading on the previous trading day (Art. 89(5)).
7. Sale orders may be placed repeatedly within two months of the day the broker receives the bailiff’s ruling (Art. 89(6)). Art. 89 does not say by what day the broker must start selling.
8. If the cryptocurrency is not sold within those two months, the bailiff offers the creditor to keep it at the weighted average price for the last hour of the last day on which the broker offered it for sale (Art. 89(7)).

Weekends and holidays are not included in periods set in days under Law No. 229-FZ (Art. 15(2)). A court application is filed within the same 10 working days from the day you learned of the violation (Art. 219(3) and Art. 92(2) of the Code of Administrative Procedure).

If the court awarded the cryptocurrency itself. For example, the court ordered the debtor to hand the cryptocurrency over to you. The writ of execution then says to write it off the debtor’s account and credit it to yours. The depositary executes such a document within three working days of receipt (Art. 73.7(2)).

If the creditor brought the document in person, the depositary may check it for up to seven working days. This requires reasonable doubts about the document’s authenticity or the data in the application (Art. 73.7(4)).

What Should a Debtor Do?

Steps:

• Do not dispose of the cryptocurrency after the arrest. Selling it, pledging it, and transferring it to another depositary are prohibited (Art. 82.1(3)). If the cryptocurrency is held by a depositary, it will not carry out such an operation: once it receives a copy of the ruling, it may not follow your instructions (Art. 82.1(11));
• Check whose account the cryptocurrency is recorded on. If an intermediary’s account was arrested, that is a ground for a complaint (Art. 82.1(1));
• Check the amount of the debt. If the enforcement proceeding collects no more than 3,000 rubles, arrest of property other than money is not allowed (Art. 80(1.1)). There is no practice on whether this covers cryptocurrency; as we read it, it does;
• Do not hide property from the bailiff. False information about your property or ignoring the bailiff’s lawful demands brings an individual a fine of 1,000 to 2,500 rubles (Art. 17.14(1) of the Code of Administrative Offenses);
• File a complaint within 10 working days. The period runs from the day the ruling is issued. If you were not notified of the time and place of the actions, it runs from the day you learned or should have learned of the ruling (Art. 122 of Law No. 229-FZ);
• Suggest where the bailiff should start. A debtor may name the property to be collected from first, and the bailiff makes the final decision on the order (Art. 69(5)).

How Does This Work for a Creditor?

If the court awarded you the cryptocurrency itself, you can take the writ of execution straight to the depositary without waiting for the bailiff. For that you need to know where the debtor’s cryptocurrency is kept and how much of it there is (Art. 8.2(1)).

The depositary may refuse if it suspects money laundering or terrorist financing. For a document issued on a court’s decision, this rule does not apply (Art. 73.7(8)).

A writ of execution for collecting money does not work this way: as we read the law, it goes to the bailiff. Art. 8.2 speaks only of a document that expressly orders digital currencies to be written off. We covered a creditor’s steps in the article How to Find and Collect a Debtor’s Cryptocurrency.

Risk in a falling market. The sale price may not be lower than the weighted average price for the last hour of the previous trading day (Art. 89(5)). As we read Art. 89(5), after a sharp market drop a sale at that price may not happen. Then, after two months, the creditor is offered the cryptocurrency at the price of the last day it was put up for sale (Art. 89(7)). The law has no special rules for a falling market.

Is There Any Court Practice?

We found no practice applying the new rules. We found no position of the Supreme Court or explanation from the Federal Bailiff Service (FSSP) in open sources as of November 6, 2026.

Practice will decide a lot. Bailiffs will have to show how they gain access to wallets whose key the debtor holds and how they work with foreign exchanges.

What Does the Law Leave Unregulated, and Which Questions Have No Answer?

The rules have been in force for two months, and some cases are not described in them:

• What may a bailiff do if the debtor holds the wallet key? The law allows steps to gain access but gives no list of them (Art. 73.7(7));
• Can a debtor be required to hand over the key? Art. 73.7 sets no such duty, and there is no practice on whether the fine for ignoring a bailiff’s lawful demands (Art. 17.14(1) of the Code of Administrative Offenses) applies to a refusal to name the key;
• How can cryptocurrency recorded at an intermediary be collected? The law prohibits arrest on the intermediary’s account (Art. 82.1(1)) but does not say how else to levy collection;
• What about a foreign exchange? We found no procedure for it in the law, and it is unclear whether your asset fits the concept of “foreign digital instruments” (Art. 1(4) of Law No. 229-FZ);
• Does the 3,000-ruble threshold apply to cryptocurrency? Art. 80(1.1) speaks of property other than money. There is no practice on cryptocurrency; as we read the norm, it applies;
• By which day must the broker start selling? The law sets two months for placing sale orders but does not define when selling starts (Art. 89(6));
• What happens if the market drops sharply? The sale price may not be below the weighted average price for the last hour of the previous trading day (Art. 89(5)), and the law has no rules for a falling market;
• Can a writ of execution for collecting money be taken to a depositary? Art. 8.2 speaks only of a document that orders digital currencies to be written off. As we read the law, such a writ goes to the bailiff, but there is no explanation on this point;
• How does a depositary block a wallet to which it gave access? The depositary’s own rules set the procedure (Art. 24(6) of Law No. 282-FZ), and the law has no general procedure.

If your situation falls under one of these points, the answer will have to be sought from the specific documents.

How Can We Help?

We work in four steps:

1. You write to us in a messenger or leave a request on the site and briefly describe what happened.
2. We ask clarifying questions and request documents: the bailiff’s rulings, the writ of execution, the depositary’s statement.
3. After studying the documents we name the price, and we start work after payment.
4. You receive a written opinion signed by a lawyer. It sets out the legal position, an assessment of prospects and risks, the steps to take and a calculation of costs.

Next we can prepare a complaint and documents for court, and represent you in court. We name the terms and the price in advance. The consultation is written, so you do not need to come in: we work with clients from different regions.

We cannot promise a 100% result: the bailiff or the court makes the decision, and we speak plainly about the prospects of the case.

Frequently Asked Questions

Can bailiffs arrest cryptocurrency? Yes. Since September 1, 2026, the law expressly allows arresting cryptocurrency on the debtor’s digital account. It is then sold at organized trading (Art. 82.1 and Art. 89 of Law No. 229-FZ).

Is a separate court decision needed to collect cryptocurrency from a depositary? No. If a depositary holds the cryptocurrency or money, a separate court act on collecting from property held by third parties is not required (Art. 77(4)(4) of Law No. 229-FZ).

What happens if the key to the wallet is mine? The law allows bailiffs to take steps to gain access to such a wallet (Art. 73.7(7)). The law does not specify which measures, or whether a debtor can be forced to give up the key: Art. 73.7 contains no duty to disclose it. There is a general fine for ignoring a bailiff’s lawful demands (Art. 17.14(1) of the Code of Administrative Offenses). There is no practice on whether it applies to refusing to disclose a key.

How fast must a depositary execute the document? Within three working days of receipt. If the creditor brought the document in person and its authenticity is in doubt, the depositary may check it for up to seven working days (Art. 73.7(2) and (4)).

How do bailiffs collect a debt from cryptocurrency? The bailiff first arrests the cryptocurrency, then a broker sells it at organized trading (Art. 89(3) and (5) of Law No. 229-FZ). Sale orders are placed within two months, and if it is not sold, the bailiff offers the creditor to keep the cryptocurrency (Art. 89(6) and (7)).

What should I do if bailiffs arrested my cryptocurrency? Do not dispose of it (Art. 82.1(3)) and check whose account it is recorded on: the law does not allow an arrest on an intermediary’s account (Art. 82.1(1)). File a complaint against the ruling within 10 working days (Art. 122 of Law No. 229-FZ).

Read Also

• Someone Else’s Debts in the Bailiffs’ Database: What to Do If They Are Recorded Against You or Your Child: the order of action and how to contest someone else’s debts;
• Can You Recover Moral Damages and Losses From Bailiffs?: when a bailiff’s mistake costs the state money;
• How to Cancel a Notary’s Executive Inscription in Russia: if collection goes ahead without a court;
• How to Find and Collect a Debtor’s Cryptocurrency: A Creditor’s Steps: where to take the document, what to ask the bailiff, deadlines;
• What Is a Digital Depositary, and Who Is in the Bank of Russia Register?: who holds cryptocurrency and how to check an organization.

Did the bailiffs arrest your cryptocurrency, or do you want to collect it from a debtor? Write to us on Telegram, WhatsApp or KakaoTalk at +7 (902) 899-07-58 or leave a request on the site. We will study the documents and name the price of the work.