ANALYSIS OF THE APPLICATION OF LEGAL REGULATIONS ZNR IN MONTENEGRO THROUGH THE PRISM OF COURT EXPERTISE

An analysis of the application of occupational health and safety legislation in Montenegro shows that there is a comprehensive legal framework that regulates this area, but also certain challenges in its implementation. Occupational health and safety in Montenegro are primarily regulated by the Law on Occupational Health and Safety. This law prescribes the rights, obligations and responsibilities of employers and employees in relation to ensuring safe working conditions. The Constitution of Montenegro also guarantees the right to occupational health and safety as a fundamental human right. Employers are obliged to: Adopt a risk assessment act for all workplaces, organize occupational health and safety activities, provide occupational health and safety measures, train employees for safe work, procure and issue personal protective equipment and supplies. Employees have the right to: Be informed about protective measures before starting work, refuse to work if the prescribed conditions are not provided, provide suggestions and comments on protection issues. Despite the existence of a legal framework, the implementation of occupational safety and health measures in practice is not at a satisfactory level: The situation in the field of occupational safety and health is assessed as unsatisfactory, there is a need for better harmonization of regulations, especially in the field of construction, a lack of information among state institutions on the obligations of implementing the ZZNR has been observed, only 4.8% of employers have prepared a risk assessment act, and the Risk Assessment Act covers only 18.1% of employees. To improve the implementation of ZZNR regulations, it is necessary to implement the following measures: Better harmonization of the Law on Planning and Construction of Facilities with the Law on ZZNR, informing state institutions about the obligations of implementing the ZZNR when they are in the role of investors, adapting the rulebook to modern work methods, especially in construction, strengthening inspection supervision and education of employers and employees. Although there is a solid legal framework, additional efforts are needed to raise awareness, strengthen capacities and improve the implementation of regulations in order to achieve a higher level of occupational safety and health in Montenegro. Continuous monitoring and analysis of the implementation of regulations are key to further improving the situation in this area.