Krivično delo nezakonitog ribolova u Republici Srbiji
Criminal Offence of Illegal Fishing

Author(s): Ana Batrićević
Subject(s): Criminal Law, Human Ecology
Published by: Institut za uporedno pravo
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.

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