The system of norms on intentional homicide in the Criminal Code of Ukraine as a legal and technical prerequisite for the problems of their qualification according to the totality of crimes

Abstract

The article is devoted to the study of the problems of the legal and technical description of the signs of premeditated murder in the system of norms about this offense in the Criminal Code of Ukraine in terms of their influence on potential problems of qualification for a set of criminal offenses. The Criminal Code of Ukraine contains a fairly extensive system of legal provisions that regulate responsibility for various types of murder. At the same time, the legislator uses various methods of describing the features of the composition of murders, some of which become nothing more than a legal and technical prerequisite for the emergence of problems in the future criminal-legal assessment of the committed murder in combination with other criminal offenses. A review of the system of norms on intentional homicide in the Criminal Code of Ukraine will help to determine the justification of the legislator’s use of those techniques of legal technique that can create potential problems of law enforcement. The purpose of the article was to highlight the system of norms on intentional homicide in the Criminal Code of Ukraine and the peculiarities of its normative regulation as a legal and technical prerequisite for the problems of qualification of intentional homicides by the totality of crimes. An attempt will be made in the article to prove the possibility of simplifying the description of the features of the composition of murders as a means of eliminating the problems of their adequate criminal-legal assessment. The information presented in the work gives grounds for the conclusion that the legislator’s use of unsuccessful legal and technical techniques in the construction of the articles of the Special Part of the Criminal Code of Ukraine, which contain a system of norms on responsibility for intentional homicide, creates potential problems in the application of these norms, calling into question the need to qualify the crimes committed offenses under a set of crimes. In this regard, it seems appropriate to introduce such changes to the Criminal Code of Ukraine that would remove doubts about the need to apply the general rule on murder, provided for in the relevant part of Art. 115 of the Criminal Code of Ukraine in combination with the norm on another criminal offense committed by a person. Such a legislative decision will make it possible to adequately qualify everything committed even if the attitude to the consequences in the form of death on the part of the guilty person was careless. In this case, the person may additionally be incriminated by the norm provided for in the relevant part of Art. 119 of the Criminal Code of Ukraine.