Elektronski novac u savremenom monetarnom pravu

Abstract

The emergence of electronic money essentially does not modify the monetary prerogatives resulting from the monetary sovereignty of the state, but only adjusts them to the newly emerging economic conditions. The contemporary concept of monetary sovereignty undoubtedly follows the conceptual continuity of the doctrinal and historical origin of classical monetary sovereignty, which is very dynamic, as its positive and normative components evolve continuously in the conditions of the international economic environment, and that is clearly confirmed in this case. Electronic money shows some similarities to the traditional monnaie scriptural, but it is de facto a new institute in international monetary law, which is why it must be optimally regulated from the monetary legal point of view, which, according to the author, is a condition for its adequate application and achievement of purpose in a postinformatic society. Adequate regulation of electronic money requires institutional changes that include both the adoption of laws dealing with protection and the inclusion of various industries in the electronic payment system. We emphasize that the position of the central bank, in our opinion, remains crucial in the process of issuing and using the electronic money, even when there are private entities in the role of the issuer for reasons of legal certainty and the preservation of monetary stability as a pure public good. In its reports, the European Central Bank often indicates that the primary goal of using electronic money is to achieve a high degree of compatibility in the context of developing and strengthening co-operation among road users by setting common business standards. This is very important in order to avoid the appearance of unnecessary costs for sellers, allowing better choices for customers, developing competition and product innovation.