Organizational and legal issues of conducting a sting operation

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Introduction: in the article, the disputable issues of using the sting operation in search and investigation activities research are studied. Purpose: the author analyses and compares different approaches to defining the legal nature of the sting operation and its contents. Methods: the methodological basis of the research is a complex of the scientific cognition methods, with the leading position belonging to the dialectical method. In the article, the general scientific (dialectics, analysis and synthesis, abstract­ing and concretizing), and specific scientific research methods (formal legal, compara­tive legal, technical legal). During the scientific research, a significant attention was given to comparative and systematic approach, and to the method of juridical simula­tion. Results: the author compares the contents of the "sting operation" and "provoca­tion" notions, justifies author's approaches of the scientists to the understanding of the legal nature of the crime provocation. For comparing of these two notions, the proce­dural requirements for the sting operations are given. In the work, much attention is given to the admissibility criteria for creating the sting operation situations. The tactical features of conducting a sting operation are researched. In the article, the problem is stated of developing the clear criteria of differentiat­ing between the legitimacy of the sting operation and the crime provocation. The author hopes to attract the attention of different law branches scientists to this problem, espe­cially the attention of the criminal law, criminal procedure, criminal investigation, psy­chology scientists and others. Conclusions: the generalization of the scientific opinions and court practice dis­covers the negative view onto the crime provocation; it is fairly believed that it cannot be justified by anything, even by the very noble crime prevention goals and actions.

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Operational and search activities, criminal process, provocation, bribe, legality, admissibility criteria, sting operation, instigation, legitimacy

Короткий адрес: https://sciup.org/147202469

IDR: 147202469

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