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Preliminary communication

MISMATCH OF REGULATIONS ON THE PROTECTED ECOLOGICAL – FISHING ZONE OF THE REPUBLIC OF CROATIA AND THE MISDEMEANOUR LAW


Full text: croatian pdf 128 Kb

page 375-389

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Full text: english pdf 128 Kb

page 375-389

downloads: 493

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Abstract

The Croatian Parliament, at its session held on 3rd October 2003, brought a Decision on the Extension of Jurisdiction of the Republic of Croatia on the Adriatic Sea, and therby proclaimed the contents of an exclusive economic zone related to sovereign rights of research and exploitation, preservation and management of living natural resources of waters beyond the limits of the territorial sea, as well as jurisdiction regarding the scientific research of the sea and protection and preservation of marine environment, thereby establishing the Protected Ecological - Fishing Zone of the Republic of Croatia.
After the promulgation of the Protected Ecological - Fishing Zone, misdemeanours that can be committed in that zone are prescribed by the amendments to the Maritime Code. However, the basic procedural regulations that regulate misdemeanours – the Misdemeanour Law, specify how the Misdemeanour Law of the Republic of Croatiaon is applied to anyone who commits a misdemeanour on the Croatian territory, on board a Croatian ship or airplane. A misdemeanour is committed on the territory of the Republic of Croatia when a perpetrator worked on or was obliged to work on the Croatian territory or when a consequence appeared on it. With such a provision, the possibility of sanctions against foreign ships for the misdemeanour in the Protected Ecological – Fishing Zone, which is not a part of the State Territory of the Republic of Croatia, becomes very doubtful.
Following the introduction into the current situation, the paper aims at analysing the already existing regulations and at proposing de lege ferenda in order to overcome this serious oversight.

Keywords

Protected Ecological - Fishing Zone; Misdemeanour Law; Maritime Code; application of regulations

Hrčak ID:

45449

URI

https://hrcak.srce.hr/45449

Publication date:

23.12.2009.

Article data in other languages: croatian

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