SOME ISSUES OF THE COMPETITION OF PENAL NORMS

Агаев И.Б.
Некоторые вопросы конкуренции уголовно-правовых норм.
Law journal «Черные дыры в Российском законодательстве».
Moscow, 2004, No. 2, pp. 128—132. 0,5 quires.

In the paper it is noted that competition of penal norms quite often occurs when applying the criminal legislation, i.e. in the qualification of crimes, imposition of a punishment, release from punishment. Author reasons that in case of the competition of penal norms, the correct choice of competing norm, which more completely covers the social and legal meaning of the committed offence, is necessary. Qualification of the offence in such cases as crime cumulation is incorrect. It could lead to the artificial creation of crime multiplicity, and result ungrounded aggravation of criminal responsibility of the offender. Further, questions of the correlation between competition of norms and such concept as «collision of norms», as well as types of the competition of norms are considered.