Competition, Conflict, and Other Related Phenomena That Arise Between the Provisions of the Law: Ways to Overcome and Resolve Them During the Criminal Qualification of Military Crimes
Year: 2026
Type: article
Abstract: Introduction. This study focuses on the problems of competition, conflict, and other related phenomena between the provisions of criminal law, as well as the application of rules for overcoming and resolving them in the course of qualifying military crimes. Given the current circumstances, these issues are particularly relevant and important for the doctrine of criminal law. Theoretical Basis. Methods. The theoretical basis of this scientific work was formed by the works of well-known domestic scientists on the analyzed topic and related aspects. During the research, both general scientific and private scientific methods of cognition were used, including dialectical, system analysis, synthesis, comparison, interpretation (interpretation of law), etc. Results. The relevant conclusions and proposals have been formulated. It is stated that different types of competition, conflicts, and other related phenomena may arise between the regulatory provisions that establish the elements of military crimes that share common features with other elements of crimes provided for in both the articles of Chapter 33 of the Criminal Code of the Russian Federation and other chapters and sections of the Special Part of the Criminal Code of the Russian Federation. These phenomena are based on the provisions of the criminal law articles. It is necessary to distinguish between these phenomena in order to determine the rules to be followed when determining the criminal law provisions to be applied, as well as to improve these provisions and eliminate their defects. Discussion and Conclusion. It is necessary to distinguish between these phenomena in order to determine which rules should be followed when determining the criminal law provisions to be applied, as well as for the legislative improvement of such provisions and the elimination of their defects.
Source: Pravosudie / Justice
Author: Victor P. Bodaevsky
Institution: Russian State University of Justice
Language: English
Topic: Criminal Law and Policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7166106920