CURRENT ISSUEIssue 1/2024
The Environment and Instruments for Protection through Criminal Law. Norms and Practice of the Republic of North Macedonia
Authors:
Gordana Lažetić, Ph.D.
Faculty of Law “Justinian I”, University “St. Cyril and Methodius”, Skopje
Elena Mujoska – Trpevska, Ph.D.
Faculty of Law, University “Goce Delčev” in Štip, North Macedonia
ABSTRACT: In recent years, there has been a significant increase in the interest of the scientific and expert community in the Republic of North Macedonia regarding environmental protection in the broadest sense. Practice has shown that additional education is necessary for judges and prosecutors regarding environmental protection. It is necessary to modify and supplement environmental policy with new priorities, objectives, and courses of action that will address the acute problems of the environment. A major issue in North Macedonia is that in certain areas, the basic strategic documents are not consistent, making it difficult to perform monitoring and relevant evaluation of the achieved goals. Regarding the legislative framework, it must be noted that there is a lack of systematic approach and that a large number of bylaws have not been adopted, leading to the conclusion that the legislative framework is incomplete in many parts. The ongoing reform of substantive criminal law also concerns the issue of enhanced environmental protection, and it proposes the introduction of a new criminal offense: ecocide. It is suggested that ecocide be punishable with a prison sentence of 10 years or a life sentence if someone acts contrary to the regulations, with the intent to harm the environment, or if someone undertakes or fails to undertake an action that results in serious, widespread, or long-term damage to the environment.
Keywords: Republic of North Macedonia, environment, environmental policy, ecocide
CURRENT ISSUEIssue 1/2024
Criminal Offenses against the Environment, Space, and Natural Goods in the Criminal Code of the Republic of Slovenia
Author:
Vid Jakulin, Ph.D.
Faculty of Law, University of Ljubljana
ABSTRACT: In this article, the author deals with criminal offenses against the environment, space, and natural resources in the Slovenian Criminal Code. The Criminal Code of the Republic of Slovenia includes the following criminal offenses against the environment, space and natural goods: burdening and destroying the environment, pollution of the sea and waters by vessels, illegal handling of nuclear or other radioactive materials, pollution of drinking water, pollution of foodstuffs or livestock feed, illegal occupation of land, destruction of plantations using harmful means, destruction of forests, torture of animals, illegal hunting, illegal fishing, illegal handling of protected species of animals and plants, transmission of infectious diseases in animals and plants, production of harmful means for treating animals and negligent provision of veterinary assistance. The author is aware that criminal law is the last and least suitable tool for environmental protection, because criminal proceedings are initiated only when protected legal goods have already been damaged. For this reason, the author believes that greater attention should be paid to prevention – it is better to prevent than to punish. Despite this, due to the importance of protected legal assets, criminal law protection of the environment and natural goods is also needed.
Keywords: Slovenia, Criminal Code, criminal offenses, environment, natural goods
CURRENT ISSUEIssue 1/2024
The Method of Calculating Price Reductions in Contracts for the International Sale of Goods
Author:
Milica Popović
Faculty of Law, University of Novi Sad
ABSTRACT: The buyer’s right to a price reduction represents an institution of Roman law that has, over time, become widely accepted in legal systems with a continental legal tradition. In the context of international sales of goods, Article 50 of the United Nations Convention on Contracts for the International Sale of Goods, which regulates this right, is of particular importance. This paper analyzes the method of calculating price reductions as one of the contentious issues regarding exercising the right to a price reduction, in terms of Article 50 of the Convention. For a comprehensive understanding of the problem, the paper presents the history of the emergence, the sources of the right to a price reduction in contracts for the international sale of goods, as well as the conditions for its application. The central part of the paper is the issue of the method of calculating price reduction, with special reference to the time and place of determining the value of conforming and non-conforming goods for the purpose of their comparison and the application of the calculation formula. These issues were controversial even at the time of the adoption of the Convention itself, and today they are still the subject of discussions in legal theory, while case law is not sufficiently harmonized. The aim of the paper is to draw a conclusion about the method of calculating price reduction, through the analysis of the Convention’s provisions, and solutions given in theory, as well as in case law.
Keywords: price reduction, contract for the international sale of goods, Article 50, United Nations Convention on Contracts for the International Sale of Goods, method of calculation, time of calculation, place of calculation
CURRENT ISSUEIssue 1/2024
The Significance of Legal Instruments in Preventing Workplace Injuries and Occupational Diseases
Author:
Milica Nikolić, Ph.D.
Faculty of Law, University of Belgrade
ABSTRACT: In this paper, the author addresses the issue of workplace injuries and occupational diseases. By examining local and international legislation, the author aims to highlight the significance of legal instruments in combating and preventing these issues. Considering the significant disparity between the regulatory framework of the Republic of Serbia and real-world practices, the author believes that certain legislative solutions are inadequate. Therefore, the starting assumption is that the existing legal provisions encourage people to avoid reporting work-related injuries and illnesses. In the paper, the author carried out empirical research using survey methods and in-depth interviews to gather data on the frequency of workplace injuries and whether they are reported and recorded in a timely manner, as well as the reasons behind any delays in doing so. The research findings suggest that in practice, workplace injuries and occupational diseases are becoming increasingly common, yet only a small portion is formally reported and documented. Moreover, the research results indicate that the reluctance to report workplace injuries is largely influenced by the fact that the current legislation places the entire financial burden of workplace injuries and occupational illnesses on employers.
Keywords: workplace injury; occupational disease; occupational health and safety; prevention; injury recording
CURRENT ISSUEIssue 1/2024
Rights and Obligations of the Injured Party in Criminal Proceedings
Author:
Ana Petričević
Bar Association of Belgrade
ABSTRACT: This paper analyzes the status of the injured party in the criminal proceedings of the Republic of Serbia. The discourse is divided into three sections. The first section discusses the rights afforded to a person injured by the commission of a criminal offense, including a critique of certain legal solutions and the presentation of a de lege ferenda proposal. The second section is dedicated to the relatively clear obligations of the injured party within criminal proceedings. The paper concludes with reflections and proposals aimed at enhancing the role of the injured party beyond their current status and improving their position within criminal proceedings.
Keywords: injured party, criminal proceedings, property claim, objection, deferring criminal prosecution, right to a trial within a reasonable time
CURRENT ISSUEIssue 1/2024
The Violation of the Right to Legal Representation in Detention Orders during Investigation
Author:
Aleksandar Forca, Ph.D.
The District Public Prosecutor’s Office in Banja Luka
ABSTRACT: The subject of the article is the violation of the right to legal representation stemming from detention orders during an investigation. Based on the initial hypothesis, the author attempts to elucidate a different legal stance from the one that has arisen from domestic legal practice in relation to the right to legal representation pertaining to detention orders during an investigation in criminal cases. Also, it is important to emphasize that the article addresses all the elements of the right to legal representation, which, in their totality, represent the application of the right to due process, but at the same time, in addition to the theoretical understanding of the subject addressed in the article, the primary goal was to provide a solution to a practical issue that is often dealt with in a manner opposite from the one that is taken as the hypothesis of this article. The article employs a normative and comparative legal analysis of the relevant provisions of the domestic and international legal acts, the methods of document analysis, case studies, as well as mid-range methods such as sampling and surveying in the form of an interview or questionnaire. The results show that the right to legal representation is a multi-layered right of the defendant and their attorney. On the other hand, the author concludes that certain solutions of domestic legal authorities are in contradiction to the solutions of the European Court of Human Rights and the normative solutions of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Finally, the author argues that the legal issue of court practice analyzed in this article should be solved in a manner that is different from the current prevailing position of domestic courts.
Keywords: investigation, right to legal representation, the right to due process, detention
CURRENT ISSUEIssue 1/2024
Possibilities of Parliamentary Oversight of Independent Judiciary with a Focus on the Sub Judice Doctrine
Author:
Sandra Janjić
Supreme Court of the Federation of Bosnia and Herzegovina
ABSTRACT: In functional democracies, the existence of an efficient system of mutual checks and balances and respect for the rule of law are crucial to ensure the appropriate balance between the three pillars of power: the judicial, executive, and legislative branches. The concept of parliamentary oversight also arises from the broader principles of democracy and the rule of law, as well as the principle of the separation of powers. Parliamentary oversight is a fundamental component of the system of checks and balances that aims to ensure justice and the rule of law in democratic societies. The primary purpose of all courts is to provide fair justice to all citizens. Thus, there is a need to ensure that only one court handles a particular matter at a time in accordance with respecting the sub judice doctrine. Recently, this doctrine has become more significant as it plays a vital role in the proper functioning of the judiciary machinery in the country. Sub judice essentially means “a matter that is still under consideration by the court” or an ongoing lawsuit. The principle also represents a guarantee of judicial independence as well as a framework for achieving effective parliamentary oversight and balance.
Keywords: sub judice, rule of law, independence, accountability of judicial authority, parliamentary oversight
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Issue 4/2023
Environmental Protection under Constitutional Law
Author:
Milan Škulić Ph.D
Faculty of Law, University of Belgrade
ABSTRACT: This paper explains the importance of the protection of the environment under constitutional law. In the context of the protection of the environment under constitutional law, the general ratio legis of the response of criminal law to environmental pollution is analyzed, which, as usual, is based on general constitutional provisions. The paper defines the basic elements of environmental protection rights both in national legal frameworks and from the perspective of the effects of relevant international legal sources, which are applied in accordance with constitutional rules, either through so-called implementation mechanisms or sometimes directly. The paper specifically explains the role of the Constitutional Court in the protection of the environment, illustrated by examples of relevant decisions of this Court, both in the realm of normative control of constitutionality and legality and in proceedings initiated through constitutional appeals.
Keywords: Constitution, environment, constitutional law, protection under constitutional law, protection through criminal law
Issue 4/2023
Victimological Analysis of the Risk of Victimization Due to Climate Change in Bosnia and Herzegovina
Authors:
Miodrag N. Simović Ph.D
University of Bihać, Faculty of Law
Marina M. Simović Ph.D
Pan-European University Apron in Banda Luka, Faculty of Legal Studies
ABSTRACT: The idea that every human being has the right to a clean and healthy environment has captivated the imagination of people worldwide. Is this the case with environmental human rights? The United Nations Charter (1945), the Universal Declaration of Human Rights (1948), and the two human rights covenants – The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) (both were adopted in 1966 and entered into force in 1977) omit any reference to whether being human encompasses such a right. Socioeconomic and cultural rights include the rights to dignity, education, health, food, water, sick leave, family leave, and employment, while the right to a healthy environment presents a boundary between these and various other rights. In an attempt to address this issue, the authors first analyze the meaning of the right to environmental protection. They specifically scrutinize the outcomes of the European Climate Conference regarding the scientific contributions to climate change transformations on the European continent, held on May 15th and 16th, 2023, in Warsaw. Additionally, the paper presents insights into climate change and the victimization of citizens, along with the risks of victimization associated with these changes. Building on the discussion, special attention is directed towards the issue of the relationship between Bosnia and Herzegovina and the United Nations Convention on the Law of the Sea (UNCLOS). To achieve an adequate standardization and regulation level, urgent preventive measures are proposed to address victimization in the context of climate change in Bosnia and Herzegovina with the aim of ensuring the right of all citizens to live in a safe, clean, healthy, and sustainable environment.
Keywords: climate change, Bosnia and Herzegovina, victimization, environment, water
Issue 4/2023
Review of the Ecocentric Model of Environmental Protection in Croatian Criminal Law. Ten Years after EU Accession
Author:
Igor Vuletić Ph.D
University of Osijek
ABSTRACT: This paper discusses the issue of the protection of the environment through criminal law, which represents one of the problems of contemporary criminal law. With the entry into force of the new substantive criminal legislation in 2013, the Croatian legislator implemented the so-called ecocentric model of the protection of the environment through criminal law, fully adopting European and international standards. More than ten years later, case law has formed regarding certain offenses. However, for most of the offenses in this category, it has been observed that their practical applicability is virtually non-existent. The author analyzes the characteristics of those criminal offenses for which there is available case law, presents selected practical examples, points out the views of other authors, and offers personal observations on the effectiveness and experiences of applying the Croatian legislative model.
Keywords: environment, liability, culpability, attempt, punishment, intent, negligence, legal entities, criminal complaint
Issue 4/2023
Specialization of Justice System Officials and Citizen Awareness as Instruments for Combating Environmental Crimes
Author:
Ivana Miljuš Ph.D
Faculty of Law, University of Belgrade
ABSTRACT: Specialization, contentful training, and continuous professional growth of prosecutors and judges in the domain of ecological crimes, joint education programs for criminal justice organs, police officers and inspectors, the increase in material and human resources, especially in the domain of inspections, are all necessary requirements for the improvement in the detection, investigation, evidence collection, and prevention of ecological crimes. In this paper, the author first analyzes the significance of the specialization of public office holders, prosecutors and judges, when it comes to ecological crimes. One of the current priorities of the EU is the struggle against ecological crime, especially certain types of ecological crime. The specialization of criminal justice office holders, especially prosecutors, is the norm in certain countries. Insufficient public awareness about the consequences of ecological crimes and the damage they cause, their victims, their “profitability”, and their scope is a significant obstacle for the prevention, detection, and reduction of ecological crime. Numerous international legal documents emphasize the imperative of improving public awareness about ecological crimes. The author relates the improvement in public awareness with the right of “members of the public” to access criminal justice and the role of the “concerned public” in a criminal procedure, above all as persons filing criminal complaints, often in the form of citizen groups/associations or in relation to the participation in criminal procedures for these crimes.
Keywords: ecological crimes, specialization of prosecutors, specialization of judges, persons filing criminal complaints, “concerned public”
Issue 4/2023
European Convention for the Protection of Human Rights and Fundamental Freedoms and the Right to a Healthy Environment
Author:
Jelena Kostić Ph.D
Institute of Comparative Law, Belgrade, Serbia
ABSTRACT: The right to a healthy environment is not explicitly mentioned in the European Convention for the Protection of Human Rights and Fundamental Freedoms from 1950. The mentioned right is more recent and belongs to human rights of the third generation In the final Declaration of the United Nations conference on the human environment held in Stockholm in 1972, the basic human right to freedom, equality and adequate living conditions in an environment that allows an individual to live in dignity and wellbeing is mentioned for the first time. Although the right to a healthy environment is not mentioned in the European Convention for the Protection of Human Rights and Fundamental Freedoms, it is still given importance through the judgments of the European Court of Human Rights, which is responsible for considering violations of the said Convention. The protection of that right is linked to other rights guaranteed by the Convention, such as, for example, the right to life, right to private and family life, etc. The aim of the research in this paper is to indicate the importance of establishing a guarantee of the right to a healthy environment, as well as the increasing importance of its protection as a prerequisite for the enjoyment of some other basic human rights. The paper uses the method of content analysis. In addition to the analysis of the Draft Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, we also analyze the content of the verdicts of the European Court of Human Rights.
Keywords: European Convention for the Protection of Human Rights, right to a healthy environment, right to life, improvement of protection
Issue 4/2023
Efficiency of the Protection of the Environment through Misdemeanor Law in Belgrade from 2017 to 2022
Authors:
Aleksandar Stevanović
Institute of Criminological and Sociological Research
Vera Stanković, Ph.D.
Institute of Criminological and Sociological Research
ABSTRACT: The authors aim to present the mechanism for the protection of the environment through misdemeanor law in Belgrade for the period from 2017 to 2022, analyzing its effectiveness in broad terms. The five-year period covered by this study is determined as a period in which certain trends can be recognized and followed, both in terms of the structure of prohibited behaviors directed against the environment and regarding the activities undertaken by competent administrative authorities and misdemeanor courts as a form of formal response. The study begins with the concept of the environment defined in the Environmental Protection Law1. The study analyzes those misdemeanors whose commission changes and/or can change the states and conditions in the environment. The effectiveness of protection through misdemeanor law is analyzed in three aspects. First, the scope of the prescribed offenses is considered. On the other hand, the complete absence of prescribing certain actions directed against the environment as misdemeanors is observed. Further, the quality of the misdemeanor provisions themselves is considered, especially in terms of their sufficient specificity to ensure their straightforward application by administrative and judicial authorities. Finally, the outcomes of misdemeanor proceedings related to offenses against the environment are analyzed. Aiming to further dispel the myth of “environmental crimes” as victimless crimes, the authors cite and explain the effects of the most common misdemeanors on both the environment and human life and health.
Keywords: misdemeanors, environment, legal protection, harmful consequences
Issue 4/2023
Decision of the Assembly to File a Lawsuit (Initiate a Dispute) for the Expulsion of a Member from a Limited Liability Company
Author:
Vladimir Marjanski Ph.D
University of Novi Sad