PROVOCATION CRIMES AND INCITEMENT: PROBLEMS OF DIFFERENTIATION

Abstract

The article is devoted to the problem of responsibility for the provocation of the crime, define the limits of the permissibility of the use of provocative methods in criminal intelligence apparatuses of law enforcement. The necessity of criminalizing provocative activities not only for production of commercial bribery and bribery and other crimes. However, the author believes that it is impossible to consider as a provocation tactics used by the intelligence apparatuses in carrying out such operatively-search actions, as a test purchase, controlled delivery and operational experiment, whose purpose and conditions are governed by Federal law. There is a proposal for inclusion in Chapter 8 of the criminal code a separate provision on the exclusion of criminal responsibility of the special subjects under the conditions of the legality of such events.