The article examines the legal regulation of precious metals and gemstones in the Russian Federation, including a comprehensive analysis of the current state of Russian legislation and judicial practice in this area.
The relevance of the topic is determined, on the one hand, by the strategic importance of these assets for the national economy, and on the other, by the ongoing transformations in the state control system associated with the introduction of digital mechanisms.
The paper examines the contradictions between the state's commitment to total transparency of transactions and the increasing administrative and financial burden on market participants, particularly small businesses. Specifically, it examines the existing conflict: the popularity of unallocated metal accounts as an investment instrument for individuals is combined with their legal vulnerability to deposit insurance, which creates high risks for investors, as confirmed by the practice of arbitration courts. It concludes that the current legislative development is focused on consistently strengthening state control, while the judicial system demonstrates a strong position in protecting the state's economic interests, particularly in criminal cases. This article analyzes legal norms and their application based on specific court cases and formulates recommendations. Specifically, it substantiates the need to develop a guiding Resolution of the Plenum of the Supreme Court of the Russian Federation to standardize practice and proposes measures to support businesses as they adapt to new digital realities.