Efficiency of the Protection of the Environment Through Misdemeanor Law in Belgrade from 2017 to 2022

Stevanović, Aleksandar and Stanković, Vera (2023) Efficiency of the Protection of the Environment Through Misdemeanor Law in Belgrade from 2017 to 2022. Glasnik Advokatske komore Vojvodine, 95 (4). pp. 1396-1439. ISSN 2683-5967

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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 Law. 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.

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