ULOGA KRIVIČNOG PRAVA U BORBI PROTIV ZAGAĐENJA BUKOM: STUDIJA SLUČAJA BUKE KOJU PROIZVODE VOZILA NA FOSILNI POGON I BUKE KLIMATIZACIONIH JEDINICA
THE ROLE OF CRIMINAL LAW IN THE FIGHT AGAINST NOISE POLLUTION: A CASE STUDY OF NOISE PRODUCED BY FOSSIL FUEL-POWERED VEHICLES AND NOISE FROM AIR CONDITIONING UNITS

Summary/Abstract: The aim of this paper is to identify shortcomings in the standardization and implementation of the European Union’s legal framework regarding noise in Montenegro, as well as to propose solutions to these shortcomings. This paper will also analyze the impact of certain, in our opinion, neglected sources of noise that affect the quality of life of residents in cities. The analysis aims to demonstrate how certain noise sources, which are used in violation of regulations, pose an equal, if not greater, risk to public health compared to other noise sources that receive more attention (such as wind turbines, airplane noise, etc.). We also intend to propose the best normative approach to addressing environmental noise problems in countries and systems with inefficient and unenforceable administrative measures to combat noise. The solution is suggested through criminal legislation, namely through the introduction of a new criminal offense for the unlawful and harmful emission of noise. The rationale for regulation lies in the fact that criminalizing the production of environmental noise is an effective method for addressing this type of pollution, while other measures are complementary and act as additional layers of action.

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