ORGANIZATOR PLATFORME ZA TRGOVANjE DIGITALNOM IMOVINOM KAO PRUŽALAC USLUGA

Abstract

In this paper for the conference, the author points that the trading platform of digital assets is an object of law, but not persona at law. That is why, it is necessary to manage it by some expert person, as a persona at law. The author explains the notion of the trading platform and causes of its appearance on the market of digital assets. He also explains the notion of its organiser (i.e. manager), as one kind of provider of services relating to the digital assets, their business, legal requirements for awarding the authorisation by the supervisory authority, as well as the procedure of their authorisation under the Serbian law. There is serious doubt about the material validity of digital assets as a means of payment and of investment, due to the many unknown elements of them. There also exists a serious risk that the organiser of trading platform misuses its legal position within the trading process which it organises. The cause of the risk is too great liberty of the organiser to choose its role within the trading process, which it manages by its platform. The author concludes that Serbia should have prohibited the organiser to trade with the users of its services, because it violates the principle of impartiality of the organiser of any type of multilateral trade with any kind of assets, including the digital assets.