Criminal law and the adequacy of environmental protection: International legal standards and Serbia's substantive criminal legislation: In conformity or not?
This paper explains the importance of the protection of the environment through criminal law in a state of law (Rechtsstaat) characterized by the rule of law. In this context, special attention is paid to the influence of fundamental international legal standards regarding environmental protection o...
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| Format: | Article |
| Language: | English |
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Bar Association of Vojvodina, Novi Sad
2024-01-01
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| Series: | Glasnik Advokatske komore Vojvodine |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2024/0017-09332404070Q.pdf |
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| _version_ | 1850225218085191680 |
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| author | Škulić Milan |
| author_facet | Škulić Milan |
| author_sort | Škulić Milan |
| collection | DOAJ |
| description | This paper explains the importance of the protection of the environment through criminal law in a state of law (Rechtsstaat) characterized by the rule of law. In this context, special attention is paid to the influence of fundamental international legal standards regarding environmental protection on the specific normative concept of the protection of the environment through criminal law in Serbia. Emphasizing that the protection of the environment through criminal law has an ultima ratio character, the paper also focuses on defining the basic elements of environmental protection law, both within national legal frameworks and from the standpoint of the impact of relevant international legal sources, in connection with criminal law responses in this field. International standards in the field of environmental protection, which are applied in the national legal system either through so-called implementation mechanisms or, in certain cases, directly, hold particular importance when assessing the adequacy of the protection of the environment through criminal law. The paper includes an analysis of the fundamental international standards regarding the environment that are contained in relevant international legal sources, such as certain international treaties/agreements/conventions. It also clarifies the dominant ratio legis of criminal offenses against the environment under the Criminal Code of the Republic of Serbia, with an explanation of the general ratio legis for such criminal offenses, combined with defining the ratio legis of individual criminal offenses classified, according to the statutory systematics, as criminal offenses against the environment. In the conclusion, the paper particularly emphasizes that the immense importance of the protection of the environment through criminal law stems from the crucial importance of a healthy environment for human health. This importance, based on relevant constitutional provisions, is manifested through the development of mechanisms for adequate protection of the environment through criminal law. An analysis of the relevant criminal law norms shows that, from a normative standpoint, the protection of the environment through criminal law in the Republic of Serbia is adequately conceived, whereas certain weaknesses in the application of these specific criminal law norms exist in practice, especially when it comes to detecting and proving criminal offenses against the environment. |
| format | Article |
| id | doaj-art-316c52f8576f494da8a4e40495758a1b |
| institution | OA Journals |
| issn | 0017-0933 2683-5967 |
| language | English |
| publishDate | 2024-01-01 |
| publisher | Bar Association of Vojvodina, Novi Sad |
| record_format | Article |
| series | Glasnik Advokatske komore Vojvodine |
| spelling | doaj-art-316c52f8576f494da8a4e40495758a1b2025-08-20T02:05:25ZengBar Association of Vojvodina, Novi SadGlasnik Advokatske komore Vojvodine0017-09332683-59672024-01-019641036110310.5937/gakv96-574760017-09332404070QCriminal law and the adequacy of environmental protection: International legal standards and Serbia's substantive criminal legislation: In conformity or not?Škulić Milan0https://orcid.org/0000-0002-4515-1852Univerzitet u Beogradu, Pravni fakultet, Beograd, SerbiaThis paper explains the importance of the protection of the environment through criminal law in a state of law (Rechtsstaat) characterized by the rule of law. In this context, special attention is paid to the influence of fundamental international legal standards regarding environmental protection on the specific normative concept of the protection of the environment through criminal law in Serbia. Emphasizing that the protection of the environment through criminal law has an ultima ratio character, the paper also focuses on defining the basic elements of environmental protection law, both within national legal frameworks and from the standpoint of the impact of relevant international legal sources, in connection with criminal law responses in this field. International standards in the field of environmental protection, which are applied in the national legal system either through so-called implementation mechanisms or, in certain cases, directly, hold particular importance when assessing the adequacy of the protection of the environment through criminal law. The paper includes an analysis of the fundamental international standards regarding the environment that are contained in relevant international legal sources, such as certain international treaties/agreements/conventions. It also clarifies the dominant ratio legis of criminal offenses against the environment under the Criminal Code of the Republic of Serbia, with an explanation of the general ratio legis for such criminal offenses, combined with defining the ratio legis of individual criminal offenses classified, according to the statutory systematics, as criminal offenses against the environment. In the conclusion, the paper particularly emphasizes that the immense importance of the protection of the environment through criminal law stems from the crucial importance of a healthy environment for human health. This importance, based on relevant constitutional provisions, is manifested through the development of mechanisms for adequate protection of the environment through criminal law. An analysis of the relevant criminal law norms shows that, from a normative standpoint, the protection of the environment through criminal law in the Republic of Serbia is adequately conceived, whereas certain weaknesses in the application of these specific criminal law norms exist in practice, especially when it comes to detecting and proving criminal offenses against the environment.https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2024/0017-09332404070Q.pdfenvironmentcriminal codecriminal lawprotection through criminal lawconstitutioninternational legal standards |
| spellingShingle | Škulić Milan Criminal law and the adequacy of environmental protection: International legal standards and Serbia's substantive criminal legislation: In conformity or not? Glasnik Advokatske komore Vojvodine environment criminal code criminal law protection through criminal law constitution international legal standards |
| title | Criminal law and the adequacy of environmental protection: International legal standards and Serbia's substantive criminal legislation: In conformity or not? |
| title_full | Criminal law and the adequacy of environmental protection: International legal standards and Serbia's substantive criminal legislation: In conformity or not? |
| title_fullStr | Criminal law and the adequacy of environmental protection: International legal standards and Serbia's substantive criminal legislation: In conformity or not? |
| title_full_unstemmed | Criminal law and the adequacy of environmental protection: International legal standards and Serbia's substantive criminal legislation: In conformity or not? |
| title_short | Criminal law and the adequacy of environmental protection: International legal standards and Serbia's substantive criminal legislation: In conformity or not? |
| title_sort | criminal law and the adequacy of environmental protection international legal standards and serbia s substantive criminal legislation in conformity or not |
| topic | environment criminal code criminal law protection through criminal law constitution international legal standards |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2024/0017-09332404070Q.pdf |
| work_keys_str_mv | AT skulicmilan criminallawandtheadequacyofenvironmentalprotectioninternationallegalstandardsandserbiassubstantivecriminallegislationinconformityornot |