Analysis of general, administrative and quasi-criminal features of preliminary procedural systems applicable to detect market abuses in the selected states

This article elaborates on preliminary procedural systems applicable to detect financial market abuses. Special attention is paid not only to common features of discussed regulations but also to differences between them. In the effect of the considerations mentioned above, a few theoretical frameworks of legal regulations in the area of preliminary information gathering related to market abuses were created. Moreover, theoretical issues concerning the overall administrative and quasi-criminal nature of analysed regulations are discussed in this work. In this article, the author proved that preliminary procedural systems applicable to detect market abuses differ in particular countries, although the aims of these legal orders are the same. Simultaneously, the administrative nature of these systems is gradual. Furthermore, their quasi-criminal features are similar. Additionally, postulated features of model regulation in the discussed field are elaborated in the separate part of this paper.

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Publication Details

Journal
Roczniki Administracji i Prawa
Published
2024-12-31
DOI
https://doi.org/10.5604/01.3001.0054.9705
Primary Topic
Securities Regulation and Market Practices
Type
article
Field-Weighted Citation Impact
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article

Analysis of general, administrative and quasi-criminal features of preliminary procedural systems applicable to detect market abuses in the selected states

Paweł Szwajdler
Roczniki Administracji i Prawa
Securities Regulation and Market Practices
article

Analysis of general, administrative and quasi-criminal features of preliminary procedural systems applicable to detect market abuses in the selected states

Paweł Szwajdler
article en

Abstract

This article elaborates on preliminary procedural systems applicable to detect financial market abuses. Special attention is paid not only to common features of discussed regulations but also to differences between them. In the effect of the considerations mentioned above, a few theoretical frameworks of legal regulations in the area of preliminary information gathering related to market abuses were created. Moreover, theoretical issues concerning the overall administrative and quasi-criminal nature of analysed regulations are discussed in this work. In this article, the author proved that preliminary procedural systems applicable to detect market abuses differ in particular countries, although the aims of these legal orders are the same. Simultaneously, the administrative nature of these systems is gradual. Furthermore, their quasi-criminal features are similar. Additionally, postulated features of model regulation in the discussed field are elaborated in the separate part of this paper.

Roczniki Administracji i PrawaVol. Specjalny(XXIV)
Kazimierz Wielki University in Bydgoszcz (PL)
Openalex Percentile: Top 62%
Securities Regulation and Market Practices
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