FORMS OF LEGAL LIABILITY IN THE CONTEXT OF ENVIRONMENTAL

Zindović Ilija (Правни факултет за привреду и правосуђе Универзитета Привредне академије у Новом Саду), zindovic.ina@open.telekom.rs

This paper discusses issues related to the legal basis for accountability in the system of environmental protection measures. The method of analysis of legal instruments concluded that the classical principles of responsibility for the damage in this area, in modern terms, they could not provide adequate protection. New and more efficient basis accountability proved to be necessary. The “polluter pays” and “agree on green consumption”, which in most national legislations taken from international instruments, are a special form of strict liability, which, in essence, does not imply a causal relationship between the operator and damage. Although this new form of responsibility include certain segments of tax policy and economic measures, it appears that he has a logic of its legal existence and economic feasibility.

Ključne reči: environment, protection, damage, forms of accountability, EU Directive