УСПОСТАВЉАЊЕ ПОСЕБНОГ ФОНДА ЗА ПРУЖАЊЕ ПОДРШКЕ ПРЕДУЗИМАЊУ МЕРА ЗА ЗАШТИТУ ЖИВОТНЕ СРЕДИНЕ И САНИРАЊЕ ПОСЛЕДИЦА НАСТАЛИХ ИЗВРШЕЊЕМ КРИВИЧНИХ ДЕЛА ПРОТИВ ЖИВОТНЕ СРЕДИНЕ
Establishing a Special Fund to Support the Implementation of Environmental Protection Me asures and the Re mediation of Consequences Arising From the Commission of Criminal Offenses Against the Environment

Summary/Abstract: In this paper, the author examines Directive (EU) 2024/1203 on environmental crime, which, inter alia, recommends that Member States establish a special fund that should have a dual function. First, its function would be preventive, since the funds would be used to improve environmental protection measures and prevent the commission of criminal offenses against the environment. The remedial function of this fund would be reflected in the use of fund resources to remediate the consequences caused by the commission of criminal offenses against the environment. In the introduction, the author points out the importance of environmental protection and the malignancy of environmental criminal offenses. The paper then briefly outlines the purpose and standards of the Directive, as well as certain provisions of the Law on Environmental Protection that are relevant to the topic of the paper. The author analyzes the expediency of establishing a special fund and the legislative framework in the Republic of Serbia that would enable the implementation of this project. The paper indicates possible ways of financing the fund by analyzing the recommendations from the Directive regarding additional sanctions and measures that can be imposed on offenders and the confiscation of financial (pecuniary) gains obtained by the commission of a criminal offense. Other possible methods of financing the fund are also considered, as well as the criteria for using those resources. The author concludes that the establishment of a special fund for environmental protection and for the remediation of the consequences of criminal offenses against the environment could have significant positive effects, primarily from the preventive perspective, through the implementation of more effective environmental protection measures, which should be the primary goal, but also from the remedial perspective, through the remediation of the consequences caused by the commission of such criminal offenses.

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