环境保护刑法文书:黑山的规范与实践

Jelena Đurišić
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引用次数: 0

摘要

黑山在宪法上被宣布为一个生态国家,它致力于可持续发展,为子孙后代维护健康的环境、生物多样性,维护和改善水、海洋、空气、土壤、空间和其他自然资源的质量。今天,与环境及其保护有关的领域受到一系列特定部门法律的管制。然而,根据刑法是保护某些社会价值的最后手段的原则,以及刑法的残缺不全的特点,通过刑法保护环境是最后一道防线。在这个意义上,本文特别关注通过刑法保护环境,并根据黑山刑事立法中的法律解决方案。属于危害环境和空间规划刑事犯罪一章的犯罪行为为环境提供了保护,即享有健康环境的权利。在这个意义上,通过黑山刑法的一般部分和特别部分的规定,对属于危害环境和空间规划的刑事犯罪一章的某些刑事犯罪进行了批判性分析。在该文件中,讨论并批判性地分析了有关保护和保存环境的其他重要问题,以及在这方面保护环境的刑法文书的重要性。最后指出,尽管黑山在2010年最大程度地使其在这一领域的国家刑事立法与欧洲和国际标准和实践协调一致,但在实际应用领域仍然存在某些问题,而预期的结果却没有出现。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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 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.
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