DIGITALNA IMOVINA U PRAVNOM SISTEMU SRBIJE: OSNOVNE KARAKTERISTIKE

Abstract

Increased importance and availability of different forms of digital assets have resulted in an increased interest of state legislators around the globe for this type of application of modern technologies in the area of finance. Serbian law belongs to a small group of legal systems that already possess comprehensive regulation of digital assets. The main subject of this paper is the analysis of crucial characteristics of the Serbian legal regime of digital assets, with a short review of the solutions contained in the EU Proposal for a Regulation on Markets in Crypto-assets. The analysis has been conducted by determination of the most important characteristics of the Serbian Law on Digital Assets, considered to be the most relevant for its future implementation: 1) defining the main types of digital assets; 2) clear determination of the scope of application of the rules on digital assets; 3) comprehensive regulation of the entire market in digital assets through prescribing rules on the issuance and secondary trading of digital assets, as well as the rules on all market actors present in the digital assets market. A review of the main benefits and risks and problems concomitant to digital assets precedes the analysis of mentioned characteristics of digital assets.