Popii A. Assignment of punishment for the totality of crimes in Ukrainian criminal law

The dissertation is devoted to the criminal law analysis of the procedure for imposing penalties for a set of crimes. It is proved that in the modern criminal law at the monographic level, the problem of sentencing on the basis of a set of crimes has remained practically without worthy study and reflection. By means of application of historical and legal method of scientific search the history of formation and further development of the subinstituent of assignment of punishment on the totality of crimes is analyzed. A study of the laws on criminal liability of foreign countries has shown that in the most countries of the world there is a procedure for the legal regulation of the mandatory increasing in the measure of punishment for the perpetrator of the acts constituting a set of crimes, which corresponds to the procedure established in the current Ukrainian Criminal Code. The main scientific and theoretical approach to the definition of «totality of offences» like the substantive legal basis for the imposition of punishment, if any, is being studied. During the course of analysing the subject matter of the study, it was established that the existence of a set of offences is a necessary and sufficient basis for establishing special rules for the imposition of punishment. The procedure of application of general rules of punishment in the case of a set of crimes is analyzed. The author’s point of view to the general commencement of punishment is given in the context of acceptance of the position about necessity of allocation of special commencement of punishment. The attention is focused on the lack of uniform understanding of both the general beginnings of punishment and their quantity and features. An analysis of special punishment as a sub-institutional of criminal law has been carried out. It has been noted that the procedure for the imposition of punishment for a set of crimes refers to the special commencement of punishment. The provisions of article 70 of the Criminal Code, which regulates the special procedure for the punishment determining for a set of crimes, have been studied. The dissertation study identified the main problematic aspects of the imposition of punishment for a set of crimes. The theoretical conclusions are supported by the study of the practice of punishment and appropriate proposals are made to improve existing legislation on criminal liability.