Krivičnopravna zaštita životne sredine u zakonodavstvu i praksi
Environmental Crime - Legislation and Practice

Author(s): Ivan Joksić
Subject(s): International Law, Human Ecology
Published by: Institut za uporedno pravo
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.

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