Zbieg przepisów w prawie karnym Ukrainy
The Concurrence of Provisions in the Criminal Law of Ukraine

Summary/Abstract: Special difficulties in executing criminal law are caused by non typical situations in its application, one of which is known as the concurrence of criminal law provisions. The cases in which a given socially harmful act is described simultaneously by two or more criminal provisions almost always cause problems connected with properly choosing that provision which should be applied in that specific case. As a result the authors maintain that the concurrence of criminal provisions is a situation which is met only when solving problems connected with the proper criminal law qualification. The article discusses various approaches to the concurrence of provisions in criminal law literature; the definition of the concurrence of provisions is presented as well as the classification of types of provision concurrence; the authors also discuss the rules of legal qualification in case of provision concurrence, etc. The authors of this paper consider the concurrence of provisions to be an atypical situation in the application of law (caused by the presence in the criminal law body of at least two criminal law norms), when during the criminal law evaluation of one socially dangerous act two or more active criminal law norms which are functionally connected concur to be applied.

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