Regulation•

Ukraine's Central Bank Refuses to Back Crypto Legalization Draft, Warning of Foreign Tokens and Licensing Discretion

Ukraine's central bank will not support draft law No. 10225-d, citing foreign tokens acting as e-money and regulator discretion over platform licenses, and wants changes before a final vote.

Written By :MINRK
Ukraine's Central Bank Refuses to Back Crypto Legalization Draft, Warning of Foreign Tokens and Licensing Discretion

Image by Julia Berezovska via Wikimedia Commons (CC BY-SA 4.0)

1. Why is Ukraine's central bank opposing the crypto bill?

The National Bank of Ukraine (NBU) announced on November 5 that it will not support the Ukraine crypto bill in its current form, draft law No. 10225-d, and wants lawmakers to revise it before a final vote. The central bank says the text leaves out safeguards it considers essential and warns that the proposed rules could endanger the country's financial system, citing threats to monetary sovereignty and price stability.

The NBU said the draft does not address the main concerns it raised in discussions with lawmakers, regulators and representatives of the crypto industry. Its position was published in a statement on Telegram. The objection arrives at a delicate moment, because a parliamentary committee has already approved the bill for a second reading.

2. What are the central bank's main objections?

The NBU describes its objections on two fronts: the treatment of foreign-issued tokens and the structure of market access. Both are framed as risks to the stability of the domestic financial system instead of as objections to regulating crypto in principle.

On tokens, the bank is concerned that assets issued abroad could circulate in Ukraine even when the countries that issue them do not supervise them. Some of these tokens could work as electronic money, meaning they would serve as a means of payment in a way that resembles the national currency. The NBU argues that this would threaten monetary sovereignty and financial stability.

The central bank wants the authority to assess such tokens and to restrict their use where necessary, as it is able to do for tokens issued inside Ukraine. It also cautions that foreign cryptocurrencies could let their issuers avoid requirements that apply to comparable Ukrainian assets, creating an uneven field in which domestic issuers face tougher rules than overseas ones.

3. What does monetary sovereignty mean in this dispute?

Monetary sovereignty refers to a state's ability to control its own currency and the way money circulates within its borders. A central bank uses that control to set interest rates, supervise payment systems and keep prices stable. When widely used tokens issued abroad begin to serve as everyday money, a portion of that control can slip outside the central bank's reach.

This is the concern the NBU expresses. It said the development of the crypto market should not create threats to monetary sovereignty, price and financial stability, and the statement also refers to economic security. The argument rests on the idea that a payment instrument operating at scale, but outside domestic supervision, limits the tools the authorities have to respond in a crisis.

The point is not unique to Ukraine. Central banks in many jurisdictions have debated how to treat privately issued digital money, and the question of who supervises foreign issuers is a recurring one. What gives the NBU's statement weight is that it links the issue directly to a bill that is close to a decisive stage in parliament.

4. How would the bill limit trading platforms?

The second area of dispute is how many companies may run crypto trading platforms in Ukraine. Here the NBU says it accepted a compromise: the market would initially be limited to three trading platform operators, selected through a competitive process.

The central bank's concern lies in the final draft's treatment of the following years. The text leaves the number of operators permitted during the first five years to the discretion of the securities regulator, the National Securities and Stock Market Commission (NSSMC), which would act as the main regulator of the crypto market under the bill. The NBU warns that such discretion raises the risk of market concentration and corruption.

The reasoning is that when a regulator can freely decide how many licenses exist, the decision becomes valuable to the companies seeking them, and a small number of operators could dominate trading. A fixed or clearly defined framework would reduce that room for judgment, which is what the central bank appears to favor.

5. What does the Ukraine crypto bill say about taxes?

The bill also addresses taxation. The initial draft taxed crypto gains at Ukraine's standard personal income tax rate of 18% plus a 5% military levy. The updated version sets a lower transitional rate of 5% for existing crypto assets through the end of 2028.

It also explicitly exempts crypto-to-crypto trades from tax. In practice this means that swapping one token for another would not, by itself, create a tax obligation, and tax would be due only on gains tied to other transactions as the bill defines them.

These provisions were not the focus of the NBU's statement, which concentrated on sovereignty and market structure. They matter because tax rules were the reason an earlier attempt at legalization failed to take effect, as described below.

6. What happened to Ukraine's earlier attempt to legalize crypto?

Ukraine has tried before. President Volodymyr Zelenskyy signed a virtual assets law in March 2022, after rejecting an earlier version. That law never took effect because it depended on changes to the tax code, which were not made.

The history helps explain why the present bill pairs market rules with a tax regime and why the details are contested. A framework that regulates trading without settling taxation can stall, as the 2022 law showed, so lawmakers are trying to settle both questions in one text.

The proposal sits alongside other crypto-related discussions in the country. Lawmakers have proposed allowing the central bank to hold crypto in its reserves, and authorities moved $8.3 million in seized crypto in June amid talk of a strategic reserve. The NBU's opposition to the bill, however, shows that the central bank wants a say in how far the country's crypto framework goes.

7. What happens next for the bill?

The central bank received the final version of the bill late on Tuesday, which left little time to review the changes before the parliamentary committee approved it for a second reading. The NBU described the drafting process as not sufficiently transparent, and it supports regulation modeled on the European Union's MiCA framework and on recommendations from the International Monetary Fund.

The NBU has asked lawmakers to make further changes before they proceed to a final vote. No date for that vote was given in the statement. Until parliament decides whether to amend the text, the outcome is open, and the central bank's refusal to back the draft adds uncertainty to Ukraine's efforts to establish a legal framework for crypto trading and taxation.

Observers will watch for two things: whether lawmakers revise the provisions on foreign tokens and on the number of trading platform operators, and whether the committee-approved text changes before the second reading. Both will indicate how much weight parliament gives to the central bank's objections.

8. What is MiCA, the model the central bank prefers?

MiCA, short for Markets in Crypto-Assets, is the European Union's regulation for crypto. It sets common rules for issuers of crypto-assets and for the firms that offer services such as trading and custody, replacing a patchwork of national approaches with a single framework that applies across the bloc.

By saying it backs regulation based on MiCA and on International Monetary Fund recommendations, the NBU signals that it is not against legalizing the sector. Its position is that an established, internationally recognized template should guide the law, and that the present draft departs from it in ways that leave gaps, particularly around the oversight of tokens that could act as money.

For Ukraine, alignment with European standards also carries a wider significance, since the country's financial rules are frequently measured against those of its European partners. A framework that follows familiar principles is easier for supervisors, banks and international counterparties to assess.

9. Why does the number of licensed operators matter?

Crypto trading platforms are the points through which most ordinary users enter the market. The number of firms allowed to run them, and the way those firms are chosen, determines how competitive the market will be, how much users pay and how closely each operator can be supervised.

A small set of operators chosen through a competitive process is easier to monitor, and the NBU accepted that approach for the opening phase. What it opposes is open-ended discretion beyond that point. If the regulator alone determines the count during the first five years, it could in practice decide which companies obtain a place and which do not, and a limited group could entrench its position.

The central bank's wording reflects this risk by pointing to monopolization and corruption. Transparent criteria, whether a fixed number or a clear method for changing it, are the usual remedy, and it is likely that the NBU will push for something of that kind when it talks with lawmakers.

10. How does a second reading work in Ukraine's parliament?

A bill passes through several stages before it becomes law. After a first reading, a committee studies proposed amendments and prepares a revised text, which is then brought to the full chamber for a second reading, where lawmakers vote on the amended version. A bill that clears that stage can move toward final adoption and then to the president for signature.

The committee's approval of this draft for a second reading means the text is close to the chamber floor. That timing explains the central bank's urgency: once the revised version is voted on, changes become harder to make, so objections raised now have the best chance of influencing the result.

The NBU also said it had little time to examine the final version, which reached it late on Tuesday, a point it used to support its criticism that the process was not sufficiently transparent. Whether lawmakers respond by delaying the vote or by amending the text is the main open question.

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