Korolenko M. Qualification and classification of deliberate murders at qualified circumstances

Of the robot is devoted criminal legal and criminology to research of deliberate murders at qualified circumstances and consists of 4 sections and 11 subsections. On the basis of the system analysis of domestic and foreign researches, legislative normative acts, monographs and other literature are investigated criminal legal and criminology of the characteristic of deliberate murders at qualified circumstances, their historical sources, social - political, psychophysical and economic roots. Being based on results of the carried out research, the ways of counteraction to such negative and antisocial phenomenon as deliberate deprivation of life of other man are covered. The offers on classification of considered crimes on eight separate groups, on weight of the perfect murders are brought in; with the certain making circumstances stipulated in items 13 part 2 of clause 115 criminal code Ukraine as qualified by circumstances, describing a degree of public danger. To the first degree by the author are referred - not less 4 attributes; to 2 it is not less and no more than 3 х; it is not less thirds 2 and no more than 2; By fourth - one; by fifth - part 1 clause 115 criminal code murder without qualified and softening circumstances; sixth - clause 117 criminal code - murder by the mother of the newborn child; seventh - clause 116 and 118 criminal code (murder in a combination of strong sincere excitement and at excess of limits of a necessary defense); eighth - clause 119 (the murder on imprudence), that in opinion of the author will promote objective application of measures of criminal punishment and conditions of departure of punishment of the persons, which will make murders in such condition (especially it 4 and 5-th classification groups) concern to 1, 2, 3. It in turn will force not only delimit them among themselves and to reflect in the statistical data (given circumstance will improve planning struggle with them), and to nominate the indications according to their public danger. The results of researchcan be used during preparation of the workers of law-enforcement and judicial bodies, inspectors, lawyers and others: at a spelling of the textbook; in educational process during realization of employment in higher educational institutions on the appropriate themes and research work.