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transport of dangerous goods and risk management - Kirilo Savić

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TRANSPORT OF DANGEROUS GOODS AND RISK MANAGEMENT 152Hazardous materials, their exploitation <strong>and</strong> <strong>transport</strong>ation occupy a special place among the <strong>risk</strong>s in peacetimeconditions, because due to their nature <strong>and</strong> consequences they cause they represent the extraordinary securitychallenges <strong>and</strong> carry great <strong>risk</strong>s. Furthermore, they can lead to technical <strong>and</strong> technological accidents <strong>and</strong> otheremergency situations that could have far-reaching consequences, <strong>of</strong>ten for whole regions <strong>and</strong> continents. These arethe reasons why the countries take measures at both the national <strong>and</strong> international level to prevent <strong>and</strong> combat thesephenomena, with a special emphasis on the prevention <strong>and</strong> elimination <strong>of</strong> <strong>risk</strong> factors as much as possible. In terms<strong>of</strong> the content, there are normative-legal <strong>and</strong> operational activities, while the activities based on the scope <strong>and</strong>number <strong>of</strong> participants cover bilateral, regional <strong>and</strong> multilateral contacts.After the fall <strong>of</strong> the "Berlin Wall" in the last decade <strong>of</strong> the 20 th century there was a process <strong>of</strong> transition <strong>and</strong> socialreform in the countries <strong>of</strong> the former socialist bloc, which further affected the territory <strong>of</strong> the former SFRY <strong>and</strong>other countries. After the end <strong>of</strong> the conflict in the region, the Republic <strong>of</strong> Serbia has taken the path <strong>of</strong> democraticchanges <strong>and</strong> reforms, <strong>and</strong> among other things, it has initiated a process <strong>of</strong> reorganization <strong>of</strong> state administrationtowards the concept <strong>of</strong> public service <strong>and</strong> within a united administrative area <strong>of</strong> the EU. In this context, there is areform <strong>of</strong> the police to a modern service <strong>of</strong> citizens with the police Directorate for the performance <strong>of</strong> the traditionalpolice-security jobs as a central part, while other work is performed by specialized services <strong>and</strong> lines <strong>of</strong> work withinthe Ministry <strong>of</strong> the Interior <strong>of</strong> the Republic <strong>of</strong> Serbia (MoI <strong>of</strong> the RS). The Department <strong>of</strong> Emergency Situations is anewly established organizational units <strong>and</strong> as a specialized line <strong>of</strong> work for rescue operations, fire-fighting <strong>and</strong>other related tasks, which we shall use to make reference to legal <strong>and</strong> security aspects <strong>of</strong> the engagement <strong>of</strong> the MoI<strong>of</strong> the RS in this field .GENERAL ON THE EMERGENCY SITUATIONSThe concept known as the emergency situations is not uniformly described either in doctrine or practice, <strong>and</strong> it iseven identified with categories such as state <strong>of</strong> emergency <strong>and</strong> the like that are legally governed mainly by the stateor some other international entities. As for our legal system, a state <strong>of</strong> emergency is generally mentioned in theConstitution <strong>of</strong> the Republic <strong>of</strong> Serbia as a special legal regime on the whole or a part <strong>of</strong> the state territory, duringthe immediate threat <strong>of</strong> war or emergency internal events. 1 According to Article 4, paragraph 6 <strong>of</strong> the Law onDefense, the state <strong>of</strong> emergency is more specifically defined as a "state <strong>of</strong> public danger which threatens thesurvival <strong>of</strong> the state or its citizens, which is a consequence <strong>of</strong> military <strong>and</strong> non-military challenges, <strong>risk</strong>s <strong>and</strong>security threats". 2 Emergency situations as categories are in some way similar to the aforementioned condition,which is not regular, but they are not identical, <strong>and</strong> in addition to legal there are many other differences betweenthese categories.In a broader sense <strong>of</strong> emergency situations may be determined in a relatively general way as the state <strong>and</strong> thesituations which cause or may cause human <strong>and</strong> material losses. In the narrow sense according to Article 8 <strong>of</strong> thenew Law on emergency situations <strong>of</strong> the Republic <strong>of</strong> Serbia, the term emergency situations refers to, paraphrase, acondition where the <strong>risk</strong>s <strong>and</strong> threats or the consequences <strong>of</strong> disasters, special events <strong>and</strong> other threats to thepopulation, environment <strong>and</strong> material assets are <strong>of</strong> such scope <strong>and</strong> intensity that their occurrence or consequencesare not possible to prevent or eliminate by the regular activities <strong>of</strong> the competent authorities <strong>and</strong> services, which is itis necessary to use special measures, forces <strong>and</strong> resources with the enhanced work mode for their alleviation orelimination. 3 Also, emergency situations include any unexpected situation that may cause death or significantinjuries <strong>of</strong> employees, users or general population, close or discontinue business operations, significantly damagematerial <strong>and</strong> natural resources, or threaten the financial condition or reputation <strong>of</strong> the company. 41 “Official Gazette <strong>of</strong> the RS“, No.98/06, Belgrade 2006.2 “Official Gazette <strong>of</strong> the RS“, No.116/07, Belgrade 2007.3 “Official Gazette <strong>of</strong> RS“, No.111/09, Belgrade 2009.4 Davis, H.,Walters M., Do all the crisis have to become disasters? Risk <strong>and</strong> <strong>risk</strong> mitigation-disasters prevention <strong>and</strong><strong>management</strong>, 1998,New Jersey Academy, Vol. 5, pp. 112.

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