Krivičnopravna zaštita životne sredine u zakonodavstvu i praksi

Author(s): Ivan Joksić / Language(s): Serbian Publication Year: 0

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

Author(s): Mirko Voštinić,Veljko Turanjanin / Language(s): Serbian Publication Year: 0

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.

Standardi INTERPOL-a u borbi protiv ekološkog kriminala

Author(s): Sergej Uljanov / Language(s): Serbian Publication Year: 0

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

Author(s): Nataša Mrvić-Petrović,Zdravko Petrović / Language(s): Serbian Publication Year: 0

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?

Author(s): Katarina Jovičić / Language(s): Serbian Publication Year: 0

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

Author(s): Nataša Tanjević,Ana I. Opačić / Language(s): Serbian Publication Year: 0

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

Author(s): Miloš Vasiljević,Đuro M. Đurić / Language(s): Serbian Publication Year: 0

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

Author(s): Dragan Prlja,Danica Stepić,Danilo Savović / Language(s): Serbian Publication Year: 0

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

Author(s): Olga Vasiljević,Svetozar Vasiljević / Language(s): Serbian Publication Year: 0

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

Author(s): Miloš Živković,Marko Milenković / Language(s): Serbian Publication Year: 0

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

Author(s): Vladimir Mikić / Language(s): Serbian Publication Year: 0

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

Author(s): Marko Dimitrijević / Language(s): Serbian Publication Year: 0

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

Author(s): Miloš Marković,Monika Milošević / Language(s): Serbian Publication Year: 0

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

Author(s): Stanko Maletić / Language(s): Serbian Publication Year: 0

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.

Fast food nie tylko na szybko

Author(s): Anna Hebda / Language(s): Polish Publication Year: 0

A moldvai csángómagyarok „nagyerejű burjánjai”

Author(s): Péter Halász / Language(s): Hungarian Publication Year: 0

Green Accounting - Pivot of Non-Financial Reporting

Author(s): Sorina Geanina Stanescu,Constantin Aurelian Ionescu,Mihaela Denisa Coman / Language(s): English Publication Year: 0

Lately we talk often about an expansion of financial reporting through the integration of environmental information in the financial statements. Environmental issues become essential for many companies and lots are becoming to include these aspects in their financial reports. Recognizing, evaluating and presenting these issues are the responsibility of management. Thus, is developed a new form of accounting - green accounting, or environmental accounting, as a link for the interaction between the environment and the economy. The objective principal of this research is to present the role that green accounting plays in developing non-financial reporting by identifying and assessing environmental costs and integrating them into reports published by economic entities. After Romania joined the European Union use and implementation the green accounting by national enterprises is increasingly evident. Environmental accounting or green accounting is as a necessary tool for substantiating decisions, is a system used to organize, manage and provide data and information for environment. We initiate the present scientific approach with a theoretical research in order to identify the main stages of the occurrence and the evolution of the environmental accounting. In the final part, we will present the involvement of international accounting organizations in the publication of environmental information, promoting the environmental balance as a form of publication the environmental information in international level.

„Nie” dla zwierząt w cyrku

Author(s): Kalina Kukiełko / Language(s): Polish Publication Year: 0

The purpose of the paper is to present actions of the social campaign ‘Circus Without Animals’. More than twenty pro-animal associations from Poland (among others, Basta!, Viva!, and Empatia) established a coalition primarily focused on implementation of a legal ban on the use of animals in circuses in our country. Such solutions have already been introduced in several countries around the world as a result of the impact of civic initiatives. In Poland we still have no comprehensive solutions, however there are a lot of local initiatives in particular cities (for example, the Board of Education in Łodź forbade distribution of tickets to circuses in schools). The coalition, using the slogan ‘We trumpet against circuses’, is involved in educational activities (addressed mainly to children and youth, making up the majority of the circus audience), informing people about feelings and intelligence, but also about suffering of animals used for human entertainment.

Climate Change and Human Choice: Measuring the Nudging

Author(s): Byambasuren Lkhagvadorj,Javzandolgor Purevsuren,Amgalan Bazargarid / Language(s): English Publication Year: 0

The purpose of this study was to define how climate change is changing in response to positive and negative human behavior. Climate change, in general, refers to changes that take place over a period of tens of thousands of years, involving a particular region or part of the world without human intervention. Climate change takes many forms, depending on the region and the industry in which it operates. The effects of global warming, drinking water shortages, endangered species, and extinction have begun to affect the world's attention and daily lives. And the Nudge effect has become widespread as people's tendency to change their choices has spread. In the last decade, however, climate change has accelerated due to human activities. Since 2008, the effects of the Nudge have had a profound effect on the lives of powerful people. The word nudge means to push lightly or gently stab into the ribs, especially with an elbow. The biggest example is people making smart and healthy choices to reduce greenhouse gas emissions. Choosing the right food can reduce food waste. Greenhouse gas emissions vary from the food we eat and the way we process it. We estimated multiple regression model for CO2 emissions, GDP growth, energy consumption and factors of human behavior about climate changing data from 1959 to 2018. We found that compared to previous years, greenhouse gas emissions were 4.2 billion square meters less than in previous years. This is a very important result of our research, and shows that the global response to climate change since 1992 has been effective. The use of electric magnes, becoming a vegetarian, riding a bicycle, and becoming a minimalist are the result of Nudge effect. By choosing to be a vegetarian, the level of CO2 emissions from food is greatly reduced. The fact that greenhouse gas emissions from food waste are equivalent to greenhouse gas emissions from electric vehicles, so the Nudge effect suggests that the results are positive.

ÖKOFALU: MEGOLDÁS VAGY VÁLSÁGTÜNET?

Author(s): Dénes Tamás / Language(s): Hungarian Publication Year: 0

The idea of crisis has already become part of the discourse regarding modernity since the second half of the 19th Century. This idea of crisis passes trough the entire 20th century, taking on various forms. The appearance of ecovillages is usually related to the perception of climate crisis, and indeed, ecovillages can also be seen as a response experiment to the negative effects of globalization. The present study overviews the solutions proposed to this crisis by ecovillages. The question is how we should look at these: as solutions or as symptoms of the crisis?