Perspective of conferring objective character to contraventional and criminal liability for deeds causing environmental damages

Abstract

In the situation when the ways of harming the environmental components have lately become more sophisticated and difficult to detect and endanger the existence of man on earth, the legal mechanisms of environmental protection should also change their appearance and become much more aggressive and ruthless. They should be applied without taking into account certain rules and presumptions behind which the perpetrators have long been hiding. Although both criminal law and contravention law cannot disregard the principle of the presumption of innocence, the principle of humanism, the principle of individualization of liability, currently they must be overshadowed in favor of substantiating the principle of objective liability for environmental damage in all forms of liability. For this, the consecration of the given method of liability must be based on serious and difficult to combat arguments, which arise from the specifics of the damage, the findings, damage assessment, disclosure of the perpetrator, as well as the irreversibility of the affected environmental components.