ENVIRONMENTAL DELICT: CIVIL LIABILITY OF THE REPUBLIC OF SERBIA FOR ENVIRONMENTAL DAMAGE

Abstract

State responsibility for damages caused ex delicto is a modern thing. Such a possibility was exceptional because it opposed the concept of sovereignty, that is, the integrity and constitutional order of the state, which, as a rule, meant that the state, as the strongest legal entity in society, should call other entities to account, and not subject itself to such an account. . However, due to the rapid technical and technological development of modern society, we are increasingly witnessing the harmful consequences of such actions on human society and the environment. In order to remediate such and similar harmful consequences, and prevent their occurrence pro futuro, it is necessary to take a closer look at the concept and specific nature of ecological damage, the way and causes of its occurrence, as well as the extent and nature of the consequences caused by an ecological accident, which the author talks about in introductory part of this work. As the right to a healthy environment belongs to the group of constitutionally guaranteed rights and freedoms of citizens, this work will try to see to what extent the legal solutions of the Republika Srpska, as one of the two equal entities in Bosnia and Herzegovina, are harmonized with the newly emerging needs for the protection of environmental rights and interests citizens, but also nature, as a potential "holder" of rights, and what protection mechanisms are available to the injured party. In the concluding remarks, the author, after a critical review of the scope and degree of legal regulation of the relationship between the polluter and the injured party, will point out the need to create new legal solutions in order to improve the traditional model of civil liability as well as more closely regulate the conditions under which the Republika Srpska can appear as a subject of responsibility .