OBJECTIVE RESPONSIBILITY FOR CAUSED ECOLOGICAL DAMAGES

Veljanoska, Svetlana and Veljanoski, Cvetan (2018) OBJECTIVE RESPONSIBILITY FOR CAUSED ECOLOGICAL DAMAGES. Knowledge – International Journal, 22 (3). pp. 793-798. ISSN 1857-923X

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Abstract

Abstract:The category environmental damage is known in the Macedonian legislation. Overall, the Republic of Macedonia is a signatory to numerous international conventions and most of them are incorporated into domestic laws, by-laws and rulebooks for the work of the competent state bodies. This means that from the normative point of view we are not at all different from other European countries. The legal system gives us the opportunity to file a lawsuit for causing environmental damage and protecting the right to a healthy environment. This is why the question arises as to whether and how much this opportunity is used in the Republic of Macedonia from the aspect of the daily reactions of the citizens to endanger their life through the disruption of the clean air in the settlements and thus the pollution of other natural resources. This paper aims to understand what is the practice in the courts in the Republic of Macedonia, ie what are the possible verdicts in disputes where a concerned party has requested protection of his right to a healthy environment. The starting point of the research will be Article 43 of the Constitution of the Republic of Macedonia where the right to a healthy life is incorporated as an obligation of the state to create conditions for a healthy environment and every entity in the country is obliged to protect and promote the environment and nature. The issue of the responsibility for the environmental damage caused and the qualifications of the subjective (to the perpetrator of the damage) or the objective (of the state) responsibility and their representation in the court practice will also be considered. Keywords: environmental damage, responsibility, lawsuit, judicial practice

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Mr Mladen Kradzoski
Date Deposited: 11 Feb 2019 12:20
Last Modified: 11 Feb 2019 12:20
URI: http://eprints.uklo.edu.mk/id/eprint/1504

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