Marin A. The Competition of Criminal Law Norm's

The Thesis deals with a research of the competition of criminal law norm's. The competition of criminal law norm's is considered a law phenomenon that take place while applying norms of criminal law. According to the detailed research of that law phenomenon the author defines the competition of criminal law norm's and dissociates it form an overlapping law categories. Fist of all, the author dissociates competition of criminal law norm's from collision of criminal law norm's, from correlation of criminal law norm's and overlapping crimes and form correlation of norm's of rule and norm's exception. The author defined features of the competition of criminal law norm's. The main feature is the character of functional connection between overafpping norm's of criminal law. According to the main feature the author difined forms of the competition of criminal law norm's: 1) the competition of common and special norm; 2) the competition of the part and of the whole; 3) the competition between few special norms. The author analysed the content of forms of the competition of criminal law norm's. And besides the author defined two ways of solwing the problem of the competition of criminal law norm's. Those ways are removing and overcoming of the competition of criminal law norm's. In cause of its objectivity the author advantages overcoming as a way of soving the problem of the competition of criminal law norm's. The collisional (competitive) norm, theoretical rule and the law rule are the ways of overcoming the competition of criminal law norm's. The author admitted that Special part of Criminal Code on the qualification of crimes should containthe rules of overcoming the competition of criminal law norm's. The author worked out the criteria for variants of application of law should be reffered to the determined form of the competition of criminal law norm's. And besides the author defined the ruls of overcoming the competition of criminal law norm's.