Krytyka Prawa. Niezależne Studia nad Prawem

Zanim uznamy karę za uzasadnioną…Legitymacja polityczna państwa jako warunek karania

Peno, Michał

Uniwersytet Szczeciński

747.14 KB



The research objective of the publication is expressed in its content devoted to the
general analysis of the solutions adopted in the draft regulation of the European
Union on the digital asset market. The entry of this legal act into force will fill the
so-called ‘regulatory gap’ as the digital asset sector is not regulated in the EU. The
research approach has been determined by the subject of the legal analysis, namely
the provisions of the proposed new EU regulation on the digital asset market. The
study describes the proposed legal regulation and its systemic importance, as well
as indicates the similarity of the proposed solutions to well-known legal institutions
in the area of the capital market. The main theses are as follows: the proposed legal
act will order the digital asset market in terms of law (firstly); the proposed legal act
in terms of content is based on solutions provided for in the capital market law
(secondly); the proposed legal act provides for legal institutions ensuring the
so-called safety of trading (thirdly). The results should be considered original
because the publication constitutes a pioneering study on the proposed legal act.
With its entry into force (the date is unknown), a discussion on specific topics will
begin in the science of law. Therefore, it is worth speaking up and evaluating the
proposed regulation before the new law is passed. The cognitive value of the publication results from its pioneering nature, and the impact on social relations is
significant. The digital asset market is developing extremely dynamically, and the
interest in this sector is very high.


Journal Krytyka Prawa. Niezależne Studia nad Prawem 
Volume 13 
Issue 2 
Issue date 6/2021 
Type Article 
Language eng
Pagination 209–226
DOI 10.7206/kp.2080-1084.458
ISSN 2080-1084
eISSN 2450-7938