The dissertation formulates scientifically substantiated provisions and conclusions on the multiplicity of crimes in the classification of premeditated murders, as well as developed appropriate proposals for improving the criminal legislation of Ukraine.
In particular, for the first time it is proposed to provide criminal liability for premeditated murder for mercenary motives combined with robbery, extortion, illegal possession of a vehicle, banditry, as well as criminal liability for premeditated murder committed by a group of persons, conspiracy, organized group.
The rules of qualification of premeditated murder provided by item 13 of h. 2 Art. 115 of the Criminal Code of Ukraine, as repeated:
a) recurrence of premeditated murder, which is not related to the conviction of the subject for a previously committed crime requires a separate qualification of the first premeditated murder under the article of the Criminal Code of Ukraine, which it provides and qualification of subsequent premeditated murder as repeated, provided for in paragraph 13 h. 2 st. 115 of the Criminal Code of Ukraine;
b) the recurrence of premeditated murder, which is associated with the conviction of the subject for a previously committed crime, needs to be qualified only as repeated premeditated murder, provided for in paragraph 13 of Part 2 of Art. 115 of the Criminal Code of Ukraine.
The issues of multiplicity of murder in their historical aspect are considered. The norms of customary ancient Russian law were studied, as a result of which it was concluded that the treaties of Oleg (911) and Igor (945) with the Greeks, the Charter of Yaroslav the Wise, not having a general criminal law orientation, still provided for encroachment on life
It is established that the issue of multiplicity of crimes in general, and multiplicity of murders in particular, is most clearly and fully regulated in the criminal law of the states that were once part of the Soviet Union and the legislation of the countries of the Eastern European Union.
The question of what is meant by premeditated murder from the standpoint of qualification of its multiplicity and pluralism of scientific views on the types of premeditated murder in the criminal legislation of Ukraine is considered.
It is noted that the commission of two or more premeditated murders must be distinguished from the premeditated murder of two or more persons: in the first case there is a multiplicity of crimes, and in the second - a single crime. And qualification of these crimes is carried out on various points of h. 2 Art. 115 of the Criminal Code of Ukraine, although their objective side at the same time of premeditated murders generally coincides in both cases.
It is established that in the practice of judicial and law enforcement agencies there is the use of mainly two types of population, namely real and ideal, as it greatly simplifies the understanding of the population as a whole and improves the quality of application of relevant criminal law.
The position is supported that the greatest problems in judicial practice are caused by the qualification of premeditated murders in aggravating circumstances, when the crime is committed for several reasons at the same time. Thus, in some cases, the offense may fall under the signs of two to six, or even more paragraphs of Part 2 of Art. 115 of the Criminal Code and not only in connection with the motive, but also the purpose of the murder and even the means of encroachment.
As a result of the relevant analysis, it was confirmed that the theory of criminal law and judicial practice ambiguously addresses the issue of qualification of premeditated murders committed simultaneously in a state of strong emotional excitement and exceeding the limits of necessary defense or measures necessary to detain a perpetrator.
It is suggested that when studying the problem of division of responsibility for murder combined with other crimes, one should also pay attention to a number of norms contained in the General Part of the Criminal Code of Ukraine and directly affect the analyzed process. First of all, we are talking about Art. 69, 81 of the Criminal Code of Ukraine.
