Lomaha Yu. T. Qualification of the set of crimes in the case of murder. – Qualifying scientific work as a manuscript.
Dissertation for obtaining the educational and scientific degree of Doctor of Philosophy in specialty 081 – Law. Lviv State University of Internal Affairs of the Ministry of Internal Affairs of Ukraine, Lviv, 2022.
The dissertation is the first comprehensive research of the qualification of a set of crimes in the case of murder in domestic criminal law science. It discloses the current state of criminal law research on the problems of qualification of the set of crimes while committing a murder, and also defines the development of normative grounds for the qualification of murders in domestic legislation. Particular attention is paid to determining the correlation of set and repetition as forms of multiplicity of criminal offenses and its reflection in the qualification of murders. Algorithms and rules for the qualification of murders by the set of crimes have been formulated.
In the first chapter, which is devoted to the general principles of the research of the problems of qualification of the set of crimes in the case of murder, it is established that the qualification of murders by the set as a form of multiplicity of criminal offenses is a consequence of the system of criminal legislation that was formed in Ukraine as a result of a certain historical path, the use of traditional law-making techniques, reflection in criminal legislation of problems relevant for a certain historical period of the development of Ukrainian society.
In the second chapter, the rules for the qualification of murders in their set and their criminal-legal significance are researched, namely: the qualification of repetition of murder and the problem of the set of criminal offenses; qualification of the real and ideal set of murder with other crimes; the rules for the qualification of murders in the context of competing criminal law norms and their difference from the qualification based on the set and features of punishment as a criminal legal consequence of the set of murder with other criminal offenses.
The algorithm for the application of special rules for imposing a punishment based on the totality of murder with other criminal offenses is quite simple and is defined in Part 1 of Art. 70 of the Criminal Code of Ukraine: in the case of a set of criminal offenses, the court, having assigned a punishment (main and additional) for each criminal offense separately, determines the final punishment by absorbing a less severe punishment with a more severe one or by fully or partially adding up the prescribed punishments. In order that the minimum liability for the specified type of offense thus corresponds to the upper limit of liability, which is provided for a simple type of homicide, the sanction of this type of offense can be modified by establishing an upper limit of twelve years of imprisonment. Such a reduction of the maximum penalty for the main component of murder will generally correspond to the practice of imposing a penalty for this type of criminal offense. The implementation of a change of this kind will first of all make it possible to reflect directly in the text of the law the dependence of the differentiation of responsibility on changes in public danger that occur as a result of combining homicide with other criminal offenses. In order to ensure the actual implementation of the differentiation of criminal responsibility in the case of multiple criminal offenses, we will make a proposal to prevent the use of the method of absorption of punishments when committing the murder in combination with other criminal offenses. It seems that in these cases, it will be quite fair to apply the method of imposing punishments: if there is an actual possibility - full, if it is not possible - partial. This proposal, of course, does not apply to cases where murder is punishable by life imprisonment. In such a case, the only way to determine the final punishment in the case of a collection of criminal offenses will be the absorption.
According to the results of the dissertation, it is proposed to make changes and additions to the Criminal Code of Ukraine, which are aimed at implementing the key provisions of the study.
Key words: murder; multiplicity of criminal offenses; criminal law qualifications; totality murders; qualification algorithm; criminal legal consequences of murders.
