Pub Date : 2023-06-30DOI: 10.46282/blr.2023.7.1.371
Katarína Kalesná
Market definition is a specific and important tool used in European competition enforcement practice to identify boundaries of competition between undertakings; it is used both in antitrust and merger cases. The EU Market Definition Notice was adopted in 1997 in conditions of conventional markets with relatively stable market structures. With respect to recent development, especially digitalisation and globalisation of economy, the Commission launched the process of evaluation of the Notice in March 2020, and the revised notice has to be published in Q3 2023. Having in mind profound changes challenging various aspects of the original market definition, the article lists at first the most important features of digital economy, especially importance of innovation conditioning rapid changes of the market. Regarding the fact that the main principles of market definition were confirmed as sound until now, the short characteristics of the relevant market follow. The core part of the article aims to present and discuss different approaches to market definition, methods of market assessment included, taking into account the corresponding case law and legal writings reflecting digital circumstances making markets interconnected like never before. The article confronts also sometimes differing opinions of theory and practice in approach to market definition. Analysis is carried out with the ambition to find out whether it is possible – based on case specific approach of competition authorities – to draw general conclusions necessary for coherent conception of the revised market definition, or at least unifying recommendations for the legal practice for the sake of legal certainty. Outcomes of the analysis are summarised in the conclusion, in context with the draft market definition notice.
{"title":"Relevant Market - Digital Challenges","authors":"Katarína Kalesná","doi":"10.46282/blr.2023.7.1.371","DOIUrl":"https://doi.org/10.46282/blr.2023.7.1.371","url":null,"abstract":"Market definition is a specific and important tool used in European competition enforcement practice to identify boundaries of competition between undertakings; it is used both in antitrust and merger cases. The EU Market Definition Notice was adopted in 1997 in conditions of conventional markets with relatively stable market structures. With respect to recent development, especially digitalisation and globalisation of economy, the Commission launched the process of evaluation of the Notice in March 2020, and the revised notice has to be published in Q3 2023. Having in mind profound changes challenging various aspects of the original market definition, the article lists at first the most important features of digital economy, especially importance of innovation conditioning rapid changes of the market. Regarding the fact that the main principles of market definition were confirmed as sound until now, the short characteristics of the relevant market follow. The core part of the article aims to present and discuss different approaches to market definition, methods of market assessment included, taking into account the corresponding case law and legal writings reflecting digital circumstances making markets interconnected like never before. The article confronts also sometimes differing opinions of theory and practice in approach to market definition. Analysis is carried out with the ambition to find out whether it is possible – based on case specific approach of competition authorities – to draw general conclusions necessary for coherent conception of the revised market definition, or at least unifying recommendations for the legal practice for the sake of legal certainty. Outcomes of the analysis are summarised in the conclusion, in context with the draft market definition notice.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43313496","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-30DOI: 10.46282/blr.2023.7.1.472
Lukáš Turay, Stanislav Mihálik
On March 30, 2023, Public Debates on the draft amendment to the Criminal Code were held in the premises of the Comenius University Bratislava, Faculty of Law, which was organized by the Ministry of Justice of the Slovak Republic in cooperation with the Comenius University Bratislava, Faculty of Law.
{"title":"Report from the Public Debates on the Draft Amendment to the Criminal Code","authors":"Lukáš Turay, Stanislav Mihálik","doi":"10.46282/blr.2023.7.1.472","DOIUrl":"https://doi.org/10.46282/blr.2023.7.1.472","url":null,"abstract":"On March 30, 2023, Public Debates on the draft amendment to the Criminal Code were held in the premises of the Comenius University Bratislava, Faculty of Law, which was organized by the Ministry of Justice of the Slovak Republic in cooperation with the Comenius University Bratislava, Faculty of Law.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49324633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-30DOI: 10.46282/blr.2023.7.1.353
L. Mareček
The International Criminal Court for the first time found guilty and sentenced a perpetrator of gender-based crimes under international law. Moreover, it did so by defining a new crime of forced marriage, which was considered by the international criminal law as “other inhumane act.” In its judgements, the International Criminal Court dealt with the challenges based on violation of legality and non-retroactivity principles. Further, it dealt with distinguishing the crime from sexual-based crime of sexual slavery. It upheld that the forced marriage is distinctive crime from the sexual-based crimes like forced pregnancy, sexual slavery, or rape, and that the principle of speciality does not bar cumulative convictions. Regarding the definition of forced marriage, it is not necessary for its commission to conclude valid marriage and the crime itself is continuing one, thus not only the act of entry into marriage is considered as criminal, but the whole duration of forced marriage. The third chapter puts the present development of international criminal law in the broader perspective of attempts to prosecute gender-based crimes and to distinguish them from the sexual-based crimes. Author comes to conclusions that the gender has to be interpreted in a conservative way and more extensive understandings of gender would require revision of the Rome Statute. International Law Commission itself was not firm in answering what the current rules on gender are.
{"title":"ICC: Prosecutor v. Dominic Ongwen","authors":"L. Mareček","doi":"10.46282/blr.2023.7.1.353","DOIUrl":"https://doi.org/10.46282/blr.2023.7.1.353","url":null,"abstract":"The International Criminal Court for the first time found guilty and sentenced a perpetrator of gender-based crimes under international law. Moreover, it did so by defining a new crime of forced marriage, which was considered by the international criminal law as “other inhumane act.” In its judgements, the International Criminal Court dealt with the challenges based on violation of legality and non-retroactivity principles. Further, it dealt with distinguishing the crime from sexual-based crime of sexual slavery. It upheld that the forced marriage is distinctive crime from the sexual-based crimes like forced pregnancy, sexual slavery, or rape, and that the principle of speciality does not bar cumulative convictions. Regarding the definition of forced marriage, it is not necessary for its commission to conclude valid marriage and the crime itself is continuing one, thus not only the act of entry into marriage is considered as criminal, but the whole duration of forced marriage. The third chapter puts the present development of international criminal law in the broader perspective of attempts to prosecute gender-based crimes and to distinguish them from the sexual-based crimes. Author comes to conclusions that the gender has to be interpreted in a conservative way and more extensive understandings of gender would require revision of the Rome Statute. International Law Commission itself was not firm in answering what the current rules on gender are.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48405657","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-30DOI: 10.46282/blr.2023.7.1.458
Pavel Lacko
On 8 June 2023, an arbitration conference took place at the Law Faculty of the Comenius University Bratislava, entitled ICC Arbitration Uncovered: Key trends, tools and tactics.
{"title":"ICC Arbitration Uncovered: Key Trends, Tools and Tactics – Report from an Arbitration Conference","authors":"Pavel Lacko","doi":"10.46282/blr.2023.7.1.458","DOIUrl":"https://doi.org/10.46282/blr.2023.7.1.458","url":null,"abstract":"On 8 June 2023, an arbitration conference took place at the Law Faculty of the Comenius University Bratislava, entitled ICC Arbitration Uncovered: Key trends, tools and tactics.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136137033","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-30DOI: 10.46282/blr.2023.7.1.354
L. Golovko
As a result of the armed aggression of the Russian Federation against Ukraine, significant damage was caused to the environment. Official data published by the Ministry of Ecology and Natural Resources of Ukraine regarding the extent of environmental damage already caused indicates catastrophic consequences. That is why it is important to establish the illegality of causing environmental damage as a result of hostilities, to properly collect evidence, establish the amount of damage caused and to hold the Russian Federation accountable for causing this damage. The steps taken by Ukraine to achieve the abovementioned tasks were disclosed. The article analyses existing international mechanisms for environmental protection during armed conflicts and the possibility of holding Russian Federation responsible for environmental damage caused to Ukraine as a result of armed aggression. A conclusion was made about the possibility of holding the Russian Federation accountable for environmental damage according to the customary norms of the law of international responsibility by creating a special international tribunal.
{"title":"International Legal Mechanisms for Holding the Russian Federation Accountable for Causing Environmental Damage as a Result of Armed Aggression against Ukraine","authors":"L. Golovko","doi":"10.46282/blr.2023.7.1.354","DOIUrl":"https://doi.org/10.46282/blr.2023.7.1.354","url":null,"abstract":"As a result of the armed aggression of the Russian Federation against Ukraine, significant damage was caused to the environment. Official data published by the Ministry of Ecology and Natural Resources of Ukraine regarding the extent of environmental damage already caused indicates catastrophic consequences. That is why it is important to establish the illegality of causing environmental damage as a result of hostilities, to properly collect evidence, establish the amount of damage caused and to hold the Russian Federation accountable for causing this damage. The steps taken by Ukraine to achieve the abovementioned tasks were disclosed. The article analyses existing international mechanisms for environmental protection during armed conflicts and the possibility of holding Russian Federation responsible for environmental damage caused to Ukraine as a result of armed aggression. A conclusion was made about the possibility of holding the Russian Federation accountable for environmental damage according to the customary norms of the law of international responsibility by creating a special international tribunal.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49650021","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-30DOI: 10.46282/blr.2023.7.1.366
Lucia Bakošová
The year 2022 offered the international community an opportunity to take concrete steps in reducing the impacts of climate change. In November 2022, the State Parties of the United Nations Framework Convention on Climate Change and the Paris Agreement, as well as representatives of international organizations, corporations, civil society and activists met in Sharm el-Sheikh, Egypt to discuss the current state of climate change and measures that are capable to protect future generations from adverse effects of climate change, mitigate or adapt to them. The paper comments on the outcome documents and key issues that were discussed at the Sharm el-Sheikh Climate Change Conference (COP27), as well as measures that were adopted. Particular attention is focused on the Sharm el-Sheikh Implementation Plan. The key issues that are addressed in this paper are related to the rising amount of emissions, failure to move away from fossil fuels, and the newly established loss and damage fund.
{"title":"Sharm el-Sheikh Climate Change Conference","authors":"Lucia Bakošová","doi":"10.46282/blr.2023.7.1.366","DOIUrl":"https://doi.org/10.46282/blr.2023.7.1.366","url":null,"abstract":"The year 2022 offered the international community an opportunity to take concrete steps in reducing the impacts of climate change. In November 2022, the State Parties of the United Nations Framework Convention on Climate Change and the Paris Agreement, as well as representatives of international organizations, corporations, civil society and activists met in Sharm el-Sheikh, Egypt to discuss the current state of climate change and measures that are capable to protect future generations from adverse effects of climate change, mitigate or adapt to them. The paper comments on the outcome documents and key issues that were discussed at the Sharm el-Sheikh Climate Change Conference (COP27), as well as measures that were adopted. Particular attention is focused on the Sharm el-Sheikh Implementation Plan. The key issues that are addressed in this paper are related to the rising amount of emissions, failure to move away from fossil fuels, and the newly established loss and damage fund.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46584903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-30DOI: 10.46282/blr.2023.7.1.327
Ana Knežević Bojović, V. Ćorić
EU enlargement process towards the Western Balkan countries has been in place since the 2003 Thessaloniki summit. However, the expected democratic transformation and fostering of the rule of law values have not become a reality, while rule of law conditionality has been criticized as ineffective in achieving its goals. In parallel, the EU has been struggling with rule of law backsliding internally, and, in order to tackle this issue, has developed a multitude of instruments that have so far had limited effects on internal rule of law promotion. The paper supports the idea that there is a need for approximation of the rule of law standards in the EU’s internal and accession policies. After providing a bird’s-eye-view of the position of the rule of law in EU accession negotiations with WB countries, the authors go on to elaborate on the four major causes contributing to the EU’s lack of effectiveness and coherence in the WB accession process. In doing so, the authors provide recommendations on how to improve the convergence between internal and accession rule of law policies and foster a common understanding of the rule of law as a core pre-and post-accession value in the EU.
{"title":"Challenges of Rule of Law Conditionality in EU Accession","authors":"Ana Knežević Bojović, V. Ćorić","doi":"10.46282/blr.2023.7.1.327","DOIUrl":"https://doi.org/10.46282/blr.2023.7.1.327","url":null,"abstract":"EU enlargement process towards the Western Balkan countries has been in place since the 2003 Thessaloniki summit. However, the expected democratic transformation and fostering of the rule of law values have not become a reality, while rule of law conditionality has been criticized as ineffective in achieving its goals. In parallel, the EU has been struggling with rule of law backsliding internally, and, in order to tackle this issue, has developed a multitude of instruments that have so far had limited effects on internal rule of law promotion. The paper supports the idea that there is a need for approximation of the rule of law standards in the EU’s internal and accession policies. After providing a bird’s-eye-view of the position of the rule of law in EU accession negotiations with WB countries, the authors go on to elaborate on the four major causes contributing to the EU’s lack of effectiveness and coherence in the WB accession process. In doing so, the authors provide recommendations on how to improve the convergence between internal and accession rule of law policies and foster a common understanding of the rule of law as a core pre-and post-accession value in the EU.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46229922","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-30DOI: 10.46282/blr.2023.7.1.269
Manferd Dauster
International and national immunities prevent prosecution. They must therefore be observed ex officio. In the case of a subordinate Afghan military officer and his acts relevant under international criminal law, the highest German criminal court, by ruling of 28 January 2021, found that customary international law does not contain such immunities, if the accused officer committed Rome Statute offences abroad against non-German victims. The finding reinforces the principle of global jurisdiction according the Rome Statute. The court defined the legal war crimes element of torture. Torture does not necessarily require the use of physical force; injuries suffered are therefore an indicator. The concept of torture is also satisfied if an atmosphere of violence is created that may influence the victim’s right to self-determination in the intention of the torturer. An additional crime element consisted in the violation of post-mortem dignity of human beings, which demands respectful treatment of dead opponents. A public display of dead adversaries for the purpose of propaganda runs counter this.
{"title":"Germany’s Attitude Vis-à-vis International Crime and its Prosecution by Domestic Courts","authors":"Manferd Dauster","doi":"10.46282/blr.2023.7.1.269","DOIUrl":"https://doi.org/10.46282/blr.2023.7.1.269","url":null,"abstract":"International and national immunities prevent prosecution. They must therefore be observed ex officio. In the case of a subordinate Afghan military officer and his acts relevant under international criminal law, the highest German criminal court, by ruling of 28 January 2021, found that customary international law does not contain such immunities, if the accused officer committed Rome Statute offences abroad against non-German victims. The finding reinforces the principle of global jurisdiction according the Rome Statute. The court defined the legal war crimes element of torture. Torture does not necessarily require the use of physical force; injuries suffered are therefore an indicator. The concept of torture is also satisfied if an atmosphere of violence is created that may influence the victim’s right to self-determination in the intention of the torturer. An additional crime element consisted in the violation of post-mortem dignity of human beings, which demands respectful treatment of dead opponents. A public display of dead adversaries for the purpose of propaganda runs counter this.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47999070","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-30DOI: 10.46282/blr.2023.7.1.459
Maroš Katkovčin
The international scientific legal conference organised at occasion of the 30th anniversary of the adoption of Act No. 566/1992 Coll. on the National Bank of Slovakia, as amended was held at the premises of the National Bank of Slovakia (hereinafter as the “NBS”) on the 24th of November 2022. The conference was organised by the Department of Financial Law of the Faculty of Law of Comenius University Bratislava in cooperation with the NBS. The conference was focused on the legal aspects of the functioning and transformation of the NBS and banking system in Slovakia over the past 30 years – from the days of the Czechoslovak currency, the independent Slovak currency to the euro and future considerations about digital currency (especially digital euro). The conference was held simultaneously online. The conference was attended by domestic as well as foreign guests.
{"title":"30th Anniversary of the Adoption of the Act on the National Bank of Slovakia","authors":"Maroš Katkovčin","doi":"10.46282/blr.2023.7.1.459","DOIUrl":"https://doi.org/10.46282/blr.2023.7.1.459","url":null,"abstract":"The international scientific legal conference organised at occasion of the 30th anniversary of the adoption of Act No. 566/1992 Coll. on the National Bank of Slovakia, as amended was held at the premises of the National Bank of Slovakia (hereinafter as the “NBS”) on the 24th of November 2022. The conference was organised by the Department of Financial Law of the Faculty of Law of Comenius University Bratislava in cooperation with the NBS. The conference was focused on the legal aspects of the functioning and transformation of the NBS and banking system in Slovakia over the past 30 years – from the days of the Czechoslovak currency, the independent Slovak currency to the euro and future considerations about digital currency (especially digital euro). The conference was held simultaneously online. The conference was attended by domestic as well as foreign guests.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48599050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-30DOI: 10.46282/blr.2023.7.1.308
Berenika Kaczmarek-Templin
In recent years, we have observed an amazing development of new technologies; many contracts come into effect without paper documents being signed. New possibilities have appeared, for example, the smart contract (also known as the digital contract or blockchain). In some cases, there is a dispute between the participants in the smart contract, e.g., as to the manner of its implementation. A court case might be necessary to resolve the dispute. As in any dispute, evidence proceedings will have to be conducted. The smart contract should appear as a proof. However, due to its unusual nature and complicated status under substantive law, as well as the fact that it is produced by new technological solutions, it is essential to determine its admissibility as evidence. The procedural law regulates in detail only traditional evidence. The smart contract has not been regulated in procedural regulations, therefore, its status needs to be established in the context of the existing documentary evidence. This article aims to contribute to the discussion on the status of smart contracts in civil court proceedings. Primarily, it should be determined whether the smart contract can be considered a document within the meaning of procedural law. In the Polish legal system, the document is defined as an information carrier whose content can be read. Accordingly, the smart contract meets the definition criteria. However, in the absence of provisions governing the manner of taking documentary evidence, it may be difficult to actually take such evidence and establish its value. The article also draws attention to Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93 / EC. Its art. 46 refers to the legal effectiveness of electronic documents and prohibits discrimination against evidence from such documents, which should undoubtedly contribute to the acceptance of a smart contract as evidence in civil proceedings.
{"title":"Smart Contract – Problems with Taking Evidence in Polish Civil Proceedings in the Light of European Regulations","authors":"Berenika Kaczmarek-Templin","doi":"10.46282/blr.2023.7.1.308","DOIUrl":"https://doi.org/10.46282/blr.2023.7.1.308","url":null,"abstract":"In recent years, we have observed an amazing development of new technologies; many contracts come into effect without paper documents being signed. New possibilities have appeared, for example, the smart contract (also known as the digital contract or blockchain). In some cases, there is a dispute between the participants in the smart contract, e.g., as to the manner of its implementation. A court case might be necessary to resolve the dispute. As in any dispute, evidence proceedings will have to be conducted. The smart contract should appear as a proof. However, due to its unusual nature and complicated status under substantive law, as well as the fact that it is produced by new technological solutions, it is essential to determine its admissibility as evidence. The procedural law regulates in detail only traditional evidence. The smart contract has not been regulated in procedural regulations, therefore, its status needs to be established in the context of the existing documentary evidence. This article aims to contribute to the discussion on the status of smart contracts in civil court proceedings. Primarily, it should be determined whether the smart contract can be considered a document within the meaning of procedural law. In the Polish legal system, the document is defined as an information carrier whose content can be read. Accordingly, the smart contract meets the definition criteria. However, in the absence of provisions governing the manner of taking documentary evidence, it may be difficult to actually take such evidence and establish its value. The article also draws attention to Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93 / EC. Its art. 46 refers to the legal effectiveness of electronic documents and prohibits discrimination against evidence from such documents, which should undoubtedly contribute to the acceptance of a smart contract as evidence in civil proceedings.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47918501","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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