The role of «non-sectoral» definitions for the interpretation of criminal law and the application of criminal law

Abstract

The grounds for recourse to the definitions contained in international legal acts in the application of Ukrainian criminal law are analyzed. The conditions and limits of consideration in the interpretation and application of criminal law definitions of sectoral Ukrainian laws are described. The ways of solving the problem of discrepancies in the definitions, which are given in different legal acts and which potentially affect the application of the criminal law, are highlighted. An assessment is made of the provisions of the draft Criminal Code of Ukraine, which relate to the relationship between the definitions given in it and the definitions of other regulations.
As a result of the study, suggestions were made that the interpretation of the criminal law and its application should be guided by existing regulations, including those contained in international legal acts and acts of other branches of Ukrainian law. Current lawmaking, and especially codification, has an important aspect of identifying and eliminating provisions that are inconsistent definitions of the same terms. If there are differences in definitions, it is necessary to follow the generally accepted rules for overcoming legal conflicts.