Институт инсајдерске трговине у праву Сједињених Америчких Држава
Insider Trading Institute In The United States Law

Summary/Abstract: Insider trading exists in situations where a single legal entity concludes legal affairs with securities on the basis of having information which is not available to the public, so its disclosure would affect the price of securities in the market, in order to make profit or avoid loss. Today, in most countries, the establishment of an efficient system of prohibition of the use of privileged information is one of the main prerequisites for the development of financial markets. Notwithstanding the efforts of European countries to precisely define all the elements of insider trading institute, for now there was no concrete results in reducing the incidence of misuse of privileged information. According to the author, the reason is the inability to precisely define the legal norms of all elements of the insider trading. The aim of this paper is to describe and explain the specifics of access regulation and sanctioning insider trading in the U.S., drawing attention to those elements that can contribute to our country to fight against insider trading more efficiently in the future. The paper pays special attention to the analysis of judicial practice, because according to the authors, in court proceedings there is a space for raising the efficiency of the sanctioning insider trading by liberal interpretation of certain elements of the insider trading offense.

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