Criminal law instruments of environmental protection: Norms and practice of Montenegro

Abstract

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.