Abstract
The paper analyzes the regulation of supervision in the feld of digital assets, which is carried out by the National Bank of Serbia and the Securities Commission. Despite the aspiration towards comprehensive supervision, it seems that the legislator has chosen several legal solutions, which create unnecessary confusion, leave vagueness, and in some places excessively narrow the protection of the rights and legitimate interests of the subjects of supervision. Specifcally, it is a provision on the appropriate application of norms governing the jurisdiction of supervisory authorities in the event of the appearance of „mixed“ digital assets. Te legislator left a number of unanswered questions there – the posibility of appropriate application of jurisdictional norms, resolution of conficts and conjunction of jurisdictions, as well as the creation of opportunities for confict of laws. Also questionable is the provision that leaves it to the supervisory authority’s discretion to determine the measures and amount of fines imposed in the supervision procedure. This results in confusion regarding the conditions for the imposition of measures, on the one hand, and a significant narrowing of the possibilities for protecting the rights of the subjects of supervision, on the other hand.
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