POROVNANIE VYBRANÝCH ASPEKTOV PROCESNOPRÁVNEJ ÚPRAVY ZÁKONA O DOHĽADE NAD FINANČNÝM TRHOM A SPRÁVNEHO PORIADKU
Comparison of selected aspects of the procedural rules of the Financial Market Supervision Act and the Administrative Procedure Code
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One of the subsections of financial law is financial market law consisting of a set of legal norms governing the regulation and supervision of the financial market, the conditions for the conduct of financial intermediaries‘ activities, the protection of financial consumers and financial instruments. We pay attention to a group of socio-economic relations that can be subsumed under the notion of financial market supervision. Macro-prudential, micro-prudential supervision as well as supervision in the area of financial consumer protection are carried out by the National Bank of Slovakia. Within the framework of financial market supervision, the National Bank of Slovakia conducts, among others, proceedings, grants, licenses, approvals and prior approvals of the National Bank of Slovakia, imposes sanctions and remedies and issues other decisions. The legislation governing selected decision making processes in the financial market sector has undergone certain developments, from the application of the law No. 71/1967 Coll. on the Administrative Procedure (Administrative Procedure) as amended up to Act No. 747/2004 Coll. on supervision of the financial market and the amendment of certain regulations as amended (hereinafter the “Financial Market Supervision Act”), which excludes the application of general regulations on administrative procedures. The article focuses on the selected common elements and the most important differences in the regulation of the third section of the Financial Market Supervision Act, referred to as the procedure in supervisory matters and the administrative procedure.
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