CURRENT DEVELOPMENTS OF LEGAL REGULATIONS ON CRIME PROVOCATION IN RA CRIMINAL CODE

Abstract

The provocation of a crime, which does not have a separate codified definition in the legislation of both a number of countries and the Republic of Armenia, is manifested in the legal norms concerning the elements of crimes related to bribery or commercial bribery.

The RA Criminal Code, adopted on May 5, 2021, provided for a number of new provisions concerning the provocation of a crime by national legislation, which, from the point of view of the goals and objectives of the Criminal Code, create the need to study trends in the development of provocation of a crime within the framework of the already formed rich national and especially foreign experience.

These innovations themselves are the basis for drawing parallels between the phenomenon that is the subject of research and a number of other criminal law norms and, as a result, to identify various problems that determine the relevance of the chosen topic.

Based on the experience of national and foreign countries, the positions expressed by the European Court of Human Rights and the Court of Cassation of the Republic of Armenia in case law, as well as various theoretical doctrines, the subject of the study was the nature of illegality and the danger of provocation of a crime, a number of issues related to the possibility of criminal legal counteraction to this phenomenon in accordance with current norms, and were also To a certain extent, further developments of the provocation of the crime in national legislation are indicated.