Vasylenko M. Multiplicity of premeditated murders under aggravating circumstances

The dissertation provides a theoretical generalization and proposes a new solution to the scientific problem related to the elucidation of the features of criminal liability for the multiplicity of premeditated murders under aggravating circumstances. It is proved that in the competition of general and special criminal law, in particular premeditated murder under aggravating circumstances, and special rules (Article 112 of the Criminal Code of Ukraine "Assault on the life of a statesman or public figure", Article 348 of the Criminal Code of Ukraine body, member of a public formation for the protection of public order and the state border or a serviceman ", Article 379 of the Criminal Code of Ukraine" Encroachment on the life of a judge, lay judge or juror in connection with their activities related to the administration of justice ", Article 400 Criminal Code of Ukraine "Assault on the life of a defense counsel or a representative of a person in connection with activities related to the provision of legal assistance", Part 5 of Article 404 of the Criminal Code of Ukraine Intentional murder of a chief or other person serving in the military ", Article 443 of the Criminal Code of Ukraine" Encroachment on the life of a representative of a foreign state "), which establish liability for premeditated murder, socially dangerous act must be classified as a general and under a special criminal law. It is proved that the recurrence of premeditated murder under aggravating circumstances is available only if the person has previously been convicted of premeditated murder, but the conviction has not yet been removed and not expunged, or when the person committed premeditated murder under aggravating circumstances under the same part of the article. Special part of the Criminal Code of Ukraine two or more times, and all episodes are considered in one criminal proceeding. The assertion that, in accordance with the European Convention on the International Validity of Criminal Sentences of 28 April 1970 № ETS-70, in the case of a person convicted of premeditated murder under aggravating circumstances, the sentence of a member state of the Council of Europe which has ratified the Convention has been improved. , such a single crime may be taken into account by the courts of Ukraine as an element of the multiplicity of premeditated murders under aggravating circumstances. A doctrinal position has been developed that Art. 33 of the Criminal Code of Ukraine does not reflect the full meaning and understanding of the current state of criminal offenses, as the legislator did not take into account the possibility of qualifying a set of criminal offenses with crimes under the Special Part of the Criminal Code of 1960, in particular Art. 93 "Intentional homicide under aggravating circumstances". The provision on the expediency of combining two types of multiple criminal offenses (repetition and aggregation of criminal offenses) and the formation of a common set of criminal offenses, which is two or more single criminal offenses, has been further developed.