Criminal law instruments of environmental protection: Norms and practice of Montenegro
Montenegro is constitutionally declared as an ecological country, and it is committed to sustainable development with the preservation of a healthy environment, biodiversity, preservation and improvement of the quality of water, sea, air, soil, space, and other natural resources for generations to c...
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| Format: | Article |
| Language: | English |
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Bar Association of Vojvodina, Novi Sad
2022-01-01
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| Series: | Glasnik Advokatske komore Vojvodine |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2022/0017-09332204094Q.pdf |
| _version_ | 1811158607588229120 |
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| author | Đurišić Jelena |
| author_facet | Đurišić Jelena |
| author_sort | Đurišić Jelena |
| collection | DOAJ |
| description | Montenegro is constitutionally declared as an ecological country, and it is committed to sustainable development with the preservation of a healthy environment, biodiversity, preservation and improvement of the quality of water, sea, air, soil, space, and other natural resources for generations to come. Today, the field related to the environment and its protection is regulated by a series of sector-specific laws. However, in accordance with the principle that criminal law is the ultima ratio for the protection of certain social values, and with its fragmentary character, protecting the environment through criminal law represents the last line of defense. In this sense, this paper pays special attention to the protection of the environment through criminal law in accordance with the legal solutions in the criminal legislation of Montenegro. Criminal acts that belong to the chapter on criminal offenses against the environment and spatial planning provide protection to the environment, that is, the right to a healthy environment. In this sense, through the provisions of the general and special parts of the Criminal Code of Montenegro, a critical analysis of certain criminal offenses that belong to the chapter on criminal offenses against the environment and spatial planning was conducted. In the paper, other important issues regarding the protection and preservation of the environment were addressed and critically analyzed, as well as the importance of the criminal law instruments of protection in this regard. At the very end, it is noted that although Montenegro harmonized its national criminal legislation in this field to the greatest extent in 2010 with European and international standards and practice, certain problems in the field of practical application still exist, while the expected results are absent. |
| first_indexed | 2024-04-10T05:25:52Z |
| format | Article |
| id | doaj.art-7a19c0189e934fd191719d34ad9c4bff |
| institution | Directory Open Access Journal |
| issn | 0017-0933 2683-5967 |
| language | English |
| last_indexed | 2024-04-10T05:25:52Z |
| publishDate | 2022-01-01 |
| publisher | Bar Association of Vojvodina, Novi Sad |
| record_format | Article |
| series | Glasnik Advokatske komore Vojvodine |
| spelling | doaj.art-7a19c0189e934fd191719d34ad9c4bff2023-03-07T19:32:08ZengBar Association of Vojvodina, Novi SadGlasnik Advokatske komore Vojvodine0017-09332683-59672022-01-01944109411290017-09332204094QCriminal law instruments of environmental protection: Norms and practice of MontenegroĐurišić Jelena0https://orcid.org/0000-0003-1861-3705Univerzitet Donja Gorica, Fakultet pravnih nauka, Podgorica, Crna GoraMontenegro is constitutionally declared as an ecological country, and it is committed to sustainable development with the preservation of a healthy environment, biodiversity, preservation and improvement of the quality of water, sea, air, soil, space, and other natural resources for generations to come. Today, the field related to the environment and its protection is regulated by a series of sector-specific laws. However, in accordance with the principle that criminal law is the ultima ratio for the protection of certain social values, and with its fragmentary character, protecting the environment through criminal law represents the last line of defense. In this sense, this paper pays special attention to the protection of the environment through criminal law in accordance with the legal solutions in the criminal legislation of Montenegro. Criminal acts that belong to the chapter on criminal offenses against the environment and spatial planning provide protection to the environment, that is, the right to a healthy environment. In this sense, through the provisions of the general and special parts of the Criminal Code of Montenegro, a critical analysis of certain criminal offenses that belong to the chapter on criminal offenses against the environment and spatial planning was conducted. In the paper, other important issues regarding the protection and preservation of the environment were addressed and critically analyzed, as well as the importance of the criminal law instruments of protection in this regard. At the very end, it is noted that although Montenegro harmonized its national criminal legislation in this field to the greatest extent in 2010 with European and international standards and practice, certain problems in the field of practical application still exist, while the expected results are absent.https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2022/0017-09332204094Q.pdfenvironmentprotection through criminal lawultima ratiocriminal offensepreventionmontenegrocourt |
| spellingShingle | Đurišić Jelena Criminal law instruments of environmental protection: Norms and practice of Montenegro Glasnik Advokatske komore Vojvodine environment protection through criminal law ultima ratio criminal offense prevention montenegro court |
| title | Criminal law instruments of environmental protection: Norms and practice of Montenegro |
| title_full | Criminal law instruments of environmental protection: Norms and practice of Montenegro |
| title_fullStr | Criminal law instruments of environmental protection: Norms and practice of Montenegro |
| title_full_unstemmed | Criminal law instruments of environmental protection: Norms and practice of Montenegro |
| title_short | Criminal law instruments of environmental protection: Norms and practice of Montenegro |
| title_sort | criminal law instruments of environmental protection norms and practice of montenegro |
| topic | environment protection through criminal law ultima ratio criminal offense prevention montenegro court |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2022/0017-09332204094Q.pdf |
| work_keys_str_mv | AT đurisicjelena criminallawinstrumentsofenvironmentalprotectionnormsandpracticeofmontenegro |