Some questions of the competition of norms and collection of criminal offenses
DOI:
https://doi.org/10.26577/JAPJ.2019.v89.i1.016Abstract
The article is devoted to the competition of norms and aggregate criminal offenses, since the modern processes of our society’s life are characterized by the appearance of previously unknown negative phenomena caused by socio-economic, political, ideological reasons, which is relevant. The article also discusses the legal nature of criminal law norms and the competition of norms with a combination of criminal offenses.
The purpose of the article is to determine one of the types of meaningful competition of norms such as the repeatedly of criminal offenses, the totality of criminal offenses and recidivism of crimes. The practical significance of the article lies in the possibility of using conclusions and proposals for
the improvement of criminal law. The results of the study can be used in the preparation of guidance
explanations of the Plenum of the Supreme Court of the Republic of Kazakhstan, to improve the activities
of law enforcement agencies in the application of competing norms, the establishment of a set of crimes.
The methodological basis of the article consists of general scientific and special methods of cognition,
such as system, logic-juridical, historical and concrete sociological.
The article deals with the competition of norms in the case of an aggregate offense. The author pays
attention to the problems of competition norms when qualifying the totality of the offense. The theoretical
concepts, content and conclusions considered in the article develop and complement many sections
of criminal law.
Key words: competition of norms, criminal offense, aggregate criminal offenses, ideal aggregate.