Legal Structures Of Aggravating Circumstances Of The Crimes Against Persons (Sections II-V Of The Special Part Of The Criminal Code Of Ukraine)

  • I.M. Nakonechna
Keywords: aggravating circumstances, criminal law, the legislative technique, unification, of speech, indexation.


Some terminological problems in formulation of qualificatory features of essential elements of offences against the person are investigated in the article. The author says that the home legislator seldom follows the rules of juristic technique when he formulates criminal and legal norms that can cause dual meaning and wrong application. General rules of legislative technique which are used in the process of criminal and legal norms creation with qualificatory characteristics are requested. The author emphasizes the necessity of simplifying the content of such characteristics and also examining the fundamentals in the process of their creation and arrangement in the system of criminal and legal norms.

Particularly, it is recommended to unify legal constructions used in qualificatory characteristics formation. It is malapropos to repeat names and characteristics of the main elements of crime. It is also necessary to make indexing of the qualificatory characteristics in this article or in the part of the article in the Criminal Code of Ukraine. Terms which are used here must have clear and brief forms.