OWER COMING COMPETITION NORMS WHEN QUALIFYING CRIMES WITH A SPECIAL SUBJECT OF CRIME
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 2, Issue 4
Abstract
The article explores the concept and types of competition norms in science. Methods of overcoming competition norms when qualifying crimes with a special subject have been considered. Analyzed influence the special subject of crime on overcoming competition norms. Traditionally, in criminal law, there are problems of the distinguishement of ideal set and competition of criminal-legal rules. The theory has developed rules for such a distinction, namely: 1) the act committed by a person contains features of two or more crimes, that is, in fact, one person acts in one or two crimes; 2) therefore, they fall under the features of two criminal and legal norms (that is, an ideal set qualifies usually for two norms provided by different articles or by different parts of the Article of Special Part of the Criminal Code); 3) these norms do not compete with each other, because they do not coincide either in volume or content as they describe the features of different (separate) components of the crime. The clarification of the rules of qualification of various types of competition of criminal-legal rules has a special importance. In the context of the issue under the consideration, at the level of comparison of certain norms of the Special Part of the Criminal Code, we can conclude on the relationship between their content, and in this regard, determine which of the norms generally describes the features of the act (that is, it has a common subject), and which distinguishes offenses which can be committed not by all subjects, but by a certain category of persons (special subjects). The analysis of the requirements of the current Criminal Code of Ukraine shows that cases of competition between general and special norms are rather widespread.
Authors and Affiliations
А. С. Осадча
Keywords
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