Topical issues of distinguishing the provocation of a bribe from related offenses

Introduction: this study covers criminal law aspects of distinguishing the provocation of a bribe from other elements of bribery. Materials and Methods: the basic research for this issue were doctrinal sources dealing with the distinction between provocative actions and other elements of bribery and other corpus delicti of bribery as well as statistical data on crime in Russia. The main materials of this study were the materials of law enforcement practice on crimes under Art. 290, 291 and 304 of the Criminal Code of the Russian Federation. In the process of research, general scientific and particular scientific methods of cognition were used; the structural-logical method was used, as well as the method of criminal law and comparative analysis. Results: the author analyzed areas of concern in distinguishing the provocation of a bribe from the completed composition of taking a bribe, attempted bribery and commercial bribery. On the basis of the material reviewed the author confirms the difficulty of distinguishing between provocation and investigative work “investigating experiment” as well as the acts which is provided by Articles of the Special Section of the Criminal Code of the Russian Federation. Discussion and Conclusions: the author formulated conclusions regarding the distinction between the provocation of a bribe from related elements of bribery: the completed composition of taking a bribe, the attempted bribery and the completed composition of provocation. In conclusion, he proposes to amend the disposition of Art. 304 of the Criminal Code of the Russian Federation.