ENVIRONMENTAL PROTECTION – CRIMINAL LEGAL ASPECT

Abstract

Environmental protection is the basic right of a man and citizen being guaranteed by the constitution in modern states. Today, it is not a problem of only one certain society, but the problem of the mankind in general. The Constitution of Montenegro emphasizes the right to healthy environment, through the regulation defining Montenegro as the ”ecological state” (Article 1 of the Constitution). Environmental protection is effectuated through the system of preventive and repressive measures established by certain legislative branches such as administrative, civil, financial and some other laws. And, the Criminal law is the ultima ratio – the last instrument of protection of these properties. In the earlier period of the social development this protection was current only for small number of economic and cultural undeveloped states. Today, it is a general, global social problem whose solution the whole mankind is interested in, and the problem which is more current in developed states. With the industrial development, in particular with the technological development and the appearance of new energy sources, there appeared new problems in the field of environmental protection. Environmental protection is not limited only to the pollution control at the local level, but it has a global character. Therefore, it is justified that its protection is regulated by criminal law.