Ekologija i pravo
Ecology and Law
Contributor(s): Aleksandra Čavoški (Editor), Ana S. Knežević Bojović (Editor)
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Sociology, Human Ecology, Law on Economics, EU-Legislation
Published by: Institut za uporedno pravo
Keywords: Environmental Criminal Law; Environmental Law; EU Legal Harmonisation; Illegal Fishing and Forestry Crimes; State Liability for Environmental Damage; Strategic Environmental Impact Assessment
Summary/Abstract: Recognising the growing importance of environmental protection law both on the national and international scale, the Union University Faculty of Law and the Institute of Comparative Law in Belgrade have decided to organise a conference entitled “Environmental Protection and Law”. Since this is an interdisciplinary area that requires the cooperation of lawyers, economists and other specialists engaged in environmental protection and managing the consequences of pollution, the organizers have called the participants to analyse the collected scientific and technical data and issues concerning practical problems, which is critical for drafting better regulations. The results of these efforts are presented in this compilation, which features the best papers that were presented at the conference covering various areas of environmental protection. Following the organisers’ intentions, the conference was also attended by a number of non-lawyers who are experts in other aspects of environmental protection. Their expertise has largely contributed to better understanding of practical problems.
- Print-ISBN-13: 978-86-80059-81-5
- Page Count: 280
- Publication Year: 2012
- Language: Serbian
Krivičnopravna zaštita životne sredine u zakonodavstvu i praksi
Krivičnopravna zaštita životne sredine u zakonodavstvu i praksi
(Environmental Crime - Legislation and Practice)
- Author(s):Ivan Joksić
- Language:Serbian
- Subject(s):International Law, Human Ecology
- Page Range:20-32
- No. of Pages:13
- Keywords:international instruments; European tools; environment; protection of criminal law; penal policy; jurisprudence
- Summary/Abstract:The right to healthy environment belongs to the third generation rights which are awarded protection on international level. The later occurrence of this right, which took place in the second half of the 20th century, was instigated by the scientific and technological development, which had set off environmental pollution. A considerable a significant number of international and regional instruments have set a normative framework of legal protection of the environment in terms of building adequate mechanisms its more complete regulation. However, the system of legal protection through the adoption and ratification of international and European instruments is unable to establish full control over all factors of environmental pollution. This is why the environment is the subject of criminal protection - all activities and procedures that are or threatening people’s right to a healthy environment are incriminated. Given the importance, nature and environmental perspectiv,e the author will point out the legislative possibilities of legal protection. In addition, the paper presents results of research to which the author made on the basis of available statistical dana in the RSO and relevant jurisprudence.
Kratak komparativni prikaz ekoloških krivičnih dela u srbiji i republici srpskoj
Kratak komparativni prikaz ekoloških krivičnih dela u srbiji i republici srpskoj
(Brief Comparative Review of Environmental Crimes in the Republic of Srpska and Serbia)
- Author(s):Mirko Voštinić, Veljko Turanjanin
- Language:Serbian
- Subject(s):Criminal Law, Human Ecology
- Page Range:34-46
- No. of Pages:13
- Keywords:environmental crimes; crimes against environment; Serbia; Republic of Srpska; statistics
- Summary/Abstract:In this paper the authors deal with the comparative analysis of crimes from the group of crimes against the environment, known as environmental crimes, which were, in the course of legislative changes from the beginning of XXI century, relocated and regulated in the separate section entitled „Crimes against environment“ of substantive law in criminal legislations in both jurisdiction. The right to a healthy environment is one of fundamental human`rights, which are guaranteed, primarily, by constitutional provisions of these two countries, and also through a series of other laws, and finally, by the ultimate, criminal protection, which applies in the moment when preventive activity remained without success, overcome by various forms of national and transnational environmental crimes. The authors give a review of crimes in the two neighboring countries, comparing them with each other, both in terms of enforcement actions and prescribed criminal penalties, and then analyze statistics on the criminal offenses, initiated proceedings and imposed criminal sanctions, devoting special attention to the high percentage of suspended sentences imposed for such serious crimes.
Krivično delo nezakonitog ribolova u Republici Srbiji
Krivično delo nezakonitog ribolova u Republici Srbiji
(Criminal Offence of Illegal Fishing)
- Author(s):Ana Batrićević
- Language:Serbian
- Subject(s):Criminal Law, Human Ecology
- Page Range:48-66
- No. of Pages:19
- Keywords:illegal fishing; criminal offence; misdemeanour; fish stocks; environment; international standards
- Summary/Abstract:Illegal, unregulated and unreported fishing represents a global problem, which causes a series of negative and harmful economic, social, environmental and legal consequences. This phenomenon, often linked to other forms of criminal activities, seriously endangers the security of people and food, questioning not only the survival of entire ecosystems but also the sustainability of the economies of the communities whose incomes directly depend on the exploitation of fish stocks. That is the reason why nowadays various unacceptable forms of fishing are prohibited and punishable on both national and international levels. There are several international legal sources of universal and regional character (such as various conventions, agreements, regulations, decisions etc.), which are aimed at establishing fundamental standards of acceptable and sustainable fishery and declaring which methods and means of fishing are supposed to be prohibited, in order to achieve and maintain the optimal level of fish stocks worldwide and to protect and preserve endangered species of aquatic animals. In the Republic of Serbia, fishing that is conducted contrary to valid legal provisions is considered either as a criminal offence, in accordance with the Criminal Code of the Republic of Serbia, or as a misdemeanour, according to the Law on Protection and Sustainable Use of Fish Stock. The author of this paper analyses fundamental characteristics of this criminal offence, its relation with similar and related misdemeanours, as well as the existing mechanisms of state reaction to these illegal activities. Moreover, the author highlights the advantages and disadvantages of current legislative solutions in this field, suggesting necessary steps that might improve the prevention, suppression and punishment of illegal fishing, in compliance with relevant international standards.
Standardi INTERPOL-a u borbi protiv ekološkog kriminala
Standardi INTERPOL-a u borbi protiv ekološkog kriminala
(Standards Of INTERPOL In Combating Environmental Crime)
- Author(s):Sergej Uljanov
- Language:Serbian
- Subject(s):Criminal Law, International Law, Human Ecology
- Page Range:68-86
- No. of Pages:19
- Keywords:INTERPOL; environmental crime; environment; criminal police; organized crime
- Summary/Abstract:Environmental crime is a serious and growing international problem, and one which takes many different forms. Broadly speaking, wildlife crime is the illegal exploitation of the world’s wild flora and fauna, while pollution crime is the trading and disposal of hazardous wastes or resources in contravention of national and international laws. The international prefix of this variety of criminal activities necessarily caused a reaction of International Criminal Police Organization INTERPOL which has been focusing efforts of its 190 member countries methodologically, typologically and standardized in the way the author is about to show in the article. The author directs his attention to connections between environmental crime and other forms of illegal activities, such as: forging of travel documents, corruption, money laundering and offences against life and limb. Danger of fact that environmental crime, especially its forms like wildlife and pollution crime, is carried out by organized criminal networks drawn by the high profit possibilities and low risk to be detected by law enforcement, is combated by INTERPOL efforts to implement its Environmental Crime Programme, which is one of key issues explored in this paper. Activities of INTERPOL through its working groups and operations, jointly driven by member states of the organization aimed at minimizing the detrimental effects of criminal activities regarding endangering and destruction of nowadays man’s environment, is presented by the author, as well.
Odgovornost države za ekološke štete
Odgovornost države za ekološke štete
(State Responsibility and Liability for Enviromental Damages)
- Author(s):Nataša Mrvić-Petrović, Zdravko Petrović
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Human Ecology
- Page Range:88-100
- No. of Pages:13
- Keywords:state responsibility; liability; compensation; environmental law; environmental damage insurance
- Summary/Abstract:This paper analyzes the responsibility of the state and liability for environmental damage. Authors noted the need to protect the collective interests regarding the preservation of the environment led to the specific integration of civil and public law responsibilities. It is the responsibility of the state and the intertwined elements of accountability for human rights violations and liability. State is responsible in the same way as any other operator for damages resulting from an environmental accident. That is strict liability. However, when it comes to responsibility for violations of international law (including those provisions relating to environmental protection), the state still has the primary responsibility for failure in the application of preventive measures to prevent environmental accidents or lack of control over the performance of hazardous activity or use of dangerous means which threaten the environment.
Slobodna trgovina i zaštita životne sredine: (ne)rešivi sukob?
Slobodna trgovina i zaštita životne sredine: (ne)rešivi sukob?
(Free Trade and Environmental Protection: A Conflict That Can(Not) Be Solved?)
- Author(s):Katarina Jovičić
- Language:Serbian
- Subject(s):Supranational / Global Economy, International Law, Human Ecology
- Page Range:102-118
- No. of Pages:17
- Keywords:free trade; international trade; environmental protection; General Agreement on Tariffs and Trade; World Trade Organisation
- Summary/Abstract:Policy of free trade, on which international trade is based, can negatively affect the environment because an uncontrolled economic growth is often followed by pollution of environment and exhaustion of natural resources. This policy is promoted and protected by the World Trade Organization, which has given priority to free trade in a number of cases in which it expressed its opinion about the relationship between free trade and environment protection. Such treatment has provoked, and is still provoking dissatisfaction not only on the part of the movements for environmental protection, which over the last two decades continuously perform activities at national and international level in order to call attention to the dramatic conflict between free trade and environmental protection, but also within the wider international community. Under the influence of their activities and pressures today it has become clear that this conflict must be resolved in a manner that would allow development of both free trade and environmental protection, which are not mutually exclusive, because both are necessary for survival and development of mankind. This question is discussed in this paper mainly through the analysis of the opinions of GATT and World Trade Organization in two disputes that have attracted particular attention of the international community, which are known as “Tuna-dolphin case” and “Shrimp-sea turtles case”, the paper’s conclusion provides a suggestion as to the principles that could be used in finding the solution for a conflict between free trade and environmental protection.
Zaštita životne sredine u krivičnom pravu Republike Srbije i podsticaji evropskih integracija
Zaštita životne sredine u krivičnom pravu Republike Srbije i podsticaji evropskih integracija
(Serbian Environmental Protection in Criminal Law and Incentives of European Integration)
- Author(s):Nataša Tanjević, Ana I. Opačić
- Language:Serbian
- Subject(s):Criminal Law, Human Ecology, EU-Approach / EU-Accession / EU-Development, EU-Legislation
- Page Range:120-132
- No. of Pages:13
- Keywords:environment; offenses against the environment; environmental crimes; Serbia; European Union
- Summary/Abstract:Environmental crime is a serious problem and a growing one, and its supression is a considerable challenge both for developed countries and countries in development. In Serbia, until 2004, environmental law was one among the priority areas of reform. However, the EU accession process has put this legal discipline in the fast track, particularly in the part related to the establishment of a criminal law framework of envirmeont protection. It was hence that the Criminal Code of 2005 includes the first systematisation of numerous criminal offences that primarily protect the environment under a single heading, thus justly instituting environment protection as an independent and primary object of protection. The paper indicates the main characteristics of the group of offences against environment as prescribed by the Criminal Code, investiging both substantive and procedural aspects and certain problems related to discovery, evidence and expertise in such cases identified in court practice. In addition, given the Serbian efforts in EU integration, which includes legislative harmonisation, the authors have indicated the importance of EU activities in environment protection.
Harmonizacija propisa Republike Srbije u oblasti zaštite životne sredine sa pravom EU
Harmonizacija propisa Republike Srbije u oblasti zaštite životne sredine sa pravom EU
(Harmonization of the Legislation of the Republic of Serbia on Environment with the EU Law)
- Author(s):Miloš Vasiljević, Đuro M. Đurić
- Language:Serbian
- Subject(s):Human Ecology, EU-Legislation
- Page Range:134-149
- No. of Pages:16
- Keywords:Republic of Serbia; EU integration; environmental protection; acquis communautaire; approximation of legislation
- Summary/Abstract:In the European Union accession process, the Republic of Serbia has emabrked on an ambitious effort to achieve full harmonization of national legislation with EU law. The harmonization process includes the adoption of EU legislation - the acquis communautaire - by amending existing national legislation, the adoption of new harmonized laws and, finally, their proper implementation. This task required political will and support, since it was initiated started before the approximation of national regulations with EU law became obligatory for the Republic of Serbia. Since March 2012, Serbia has been harmonizing its laws as a candidate country for EU membership. One of the most important chapters of the EU acquis communautaire is Chapter 27, which is related to environmental protection. In the process of harmonization in this area, the Republic of Serbia has made significant progress.However, as the acquis communautaire is not a static category, it is necessary to ensure continuous political and financial support, and strengthen administrative capacities in order to secure proper implementation of the newly adopted regulations. Furthermore, climate changes present a serious challenge for Serbia as a candidate country.
Upravljanje otpadom - međunarodni propisi sa posebnim osvrtom na regulativu Evropske Unije
Upravljanje otpadom - međunarodni propisi sa posebnim osvrtom na regulativu Evropske Unije
(Waste Management – International Legislation with a Special Focus on EU Law)
- Author(s):Dragan Prlja, Danica Stepić, Danilo Savović
- Language:Serbian
- Subject(s):Human Ecology, EU-Legislation
- Page Range:150-166
- No. of Pages:17
- Keywords:waste management; law; comparative law; EU law
- Summary/Abstract:Within the European Union, the area of waste management is regulated through specific forms of legislation such as directives, regulations, decisions, recommendations, and the like. This approach has multiple benefits. On the one hand, directives can be used to efficiently and effectively address problems related to waste. Second, the regulations relating solely to matters of waste management provide the option of comprehensive legal regulation of this area, leaving fewer opportunities for arbitrary action of individual member countries. This results in a greater degree of harmonization of these regulations, and thus a higher level of commitment in their implementation. And finally, strict application of regulations in the sphere of waste management will greatly contribute to improving the environment and general quality of life.
Zaštita voda s posebnim osvrtom na pravo EU i srpsko pravo
Zaštita voda s posebnim osvrtom na pravo EU i srpsko pravo
(Protection of Water With Special Reference to the Law of EU and Serbian Law)
- Author(s):Olga Vasiljević, Svetozar Vasiljević
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Human Ecology, EU-Approach / EU-Accession / EU-Development
- Page Range:168-182
- No. of Pages:15
- Keywords:water; water Protection; Water Act; Water Framework Directive; complementarity
- Summary/Abstract:The objective of this paper is to review complementarity, as well as disfunctionality of Serbian regulation for the water use, adopted by various governmental departments and bodies, with the law of European Union. Review of laws and other legal regulations of importance in that field are given, as well as overview of certain imprecise or non-harmonized parts of the regulations. Possible problems that may arise in application of some laws are emphasised and commented.
Značaj procene uticaja za urbanističko planiranje
Značaj procene uticaja za urbanističko planiranje
(Importance of Impact Assessment for Urban Planning)
- Author(s):Marko Milenković
- Language:Serbian
- Subject(s):Policy, planning, forecast and speculation, Human Ecology
- Page Range:184-210
- No. of Pages:27
- Keywords:urban planning; strategic environmental impact assessment; public participation; hierarchy of planning documents
- Summary/Abstract:Strategic environmental impact assessment (SEA) is an important measure for preventing adverse environmental impacts which has become an integral part of the adoption of programs, plans and policies relevant to the environment, including spatial and urban planning. The paper offers a preliminary analysis of the strategic environmental impact assessment framework in Serbia from the perspective of its impact on urban planning. It puts forward the proposals for further integration of the assessment into the urban planning process while enabling for development opportunities not restricted by extensive planning as well as creation of flexible mechanisms for efficient coordination of different objectives that need to be achieved in a transition economy. The article also analyzes whether the complex SEA is always needed for planning documents of lower hierarchical order which do not provide for the land use that could have a significant impact on (local) environment and whether the plans of this kind require SEA if environmental impact assessment is required and is going to be undertaken for envisaged facilities. Additionally, the paper looks into the impact “overplanning” has on planning documents of lower hierarchical level and investment projects realisation in accordance with them, and concluded that satisfactory final results can only be achieved if proper balance is made between the interests of environmental protection and economic development.
Zaštita životne sredine u uporednom ustavnom pregledu
Zaštita životne sredine u uporednom ustavnom pregledu
(Comparative Constitutional Analysis of the Environmental Protection)
- Author(s):Vladimir Mikić
- Language:Serbian
- Subject(s):Constitutional Law, Human Ecology
- Page Range:212-229
- No. of Pages:18
- Keywords:Constitution; environmental protection; constitutionalisation of the environment
- Summary/Abstract:Provisions of the constitutional documents devoted to environmental protection generally contain every individual’s fundamental right to a clean and healthy natural environment, defined in close correlation with an appropriate duty of public authorities. Operational protection of a constitutionalized right of an individual is conditioned upon the increased participation of the citizenry in its fulfillment, which may be seen as a direct product of and a necessary precondition for the exercise of collective sovereignty.
Poreski podsticaji u funkciji zaštite životne sredine
Poreski podsticaji u funkciji zaštite životne sredine
(Tax Incentives for Environmental Protection)
- Author(s):Marko Dimitrijević
- Language:Serbian
- Subject(s):Human Ecology, Law on Economics
- Page Range:230-240
- No. of Pages:11
- Keywords:tax incentives; environment; tax loans; efficiency;environmental
- Summary/Abstract:In countries whose tax systems does not have environmental taxes, the indirect protection of the environment is achieved by “greening” of traditional forms of taxation. Namely, the system of tax incentives in the system of corporation tax, income tax and property tax, enables the taxpayers to lawfully minimize their tax liability taking into account the protection of the environment. Of course, the actual scope of these incentives is limited and they cannot replace the actual environmental taxes, which were introduced in most OECD countries. The absence of these taxes in the tax systems can be considered as funds management and unfair tax competition, which developing countries often resort to in order to attract foreign capital. Thus, the lack of environmental taxes or their inappropriate use can occur as one of the causes of international tax evasion. The normative structure of the legal regulation of environmental taxation in Serbia is not set at an adequate level, although tax incentives are amended by charges, which are aimed at the preservation of air, water and land. The amount of compensation is not at a satisfactory level, which would have a distorting effect and change the taxpayer’s habits, and, moreover, there is no possibility of their enforced collection in legal affairs. Therefore, work on environmental tax reform must continue, it is only possible with a coherent cooperation between the competent state authorities and citizens to raise much-needed environmental awareness.
Oporezivanje motornih vozila u Republici Srbiji
Oporezivanje motornih vozila u Republici Srbiji
(Taxation of Motor Vehicles in the Republic of Serbia)
- Author(s):Miloš Marković, Monika Milošević
- Language:Serbian
- Subject(s):Human Ecology, Law on Economics
- Page Range:242-259
- No. of Pages:18
- Keywords:motor vehicle tax; mineral oil excise tax; customs duties; European Union and environmental protection
- Summary/Abstract:For more than two decades, the Republic of Serbia has been in the process of transition, facing some serious economic problems. At the same time, Serbia aims at achieving the high environmental standards set by the European Union in order to become a part of it. Bearing in mind that environmental taxes are one of the most important measures of environmental protection, and that motor vehicle taxes play a significant role among them, authors of this paper firstly provide a review of taxes and charges on motor vehicles in the Republic of Serbia as well as other fiscal measures in the area of transport that are imortant for environmental protection. Then, they analyze European tendencies in this area. Finally, the authors analyze Serbian system of taxation of motor vehicles and conclude that gradual moderation of the social component and at the same strengthening of the environmental component of this system is necessary.
Ekološki značaj reciklažne umetnosti
Ekološki značaj reciklažne umetnosti
(Ecological Importance of Recycling Art)
- Author(s):Stanko Maletić
- Language:Serbian
- Subject(s):Human Ecology, Sociology of the arts, business, education
- Page Range:260-278
- No. of Pages:19
- Keywords:recycling; waste; art
- Summary/Abstract:In this article, the author promotes the idea of non-accumulating of waste, which is one of the essential principles of modern ecology and modern recycling art, because care for the environment should not bypass artists or people of any other profession. For an artist who does not accept life in dead landscape, who completely accepts ecological requirements of his time, it is not at all unusual to engage in recycling art, to investigate waste and different art possibilities the waste offers. An artist is free to decide what his creation will be made of and, therefore, freedom to place the destiny of a discarded object in his sphere of interest. Artists who have never felt passionate about waste wk are definitely not for the recycling art, maybe not even for urban life.
