Peculiarities in qualifications under articles 286, 303 of the Russian Federation Criminal Code of action of operative departments employees, allowing provocation

Introduction: the article presents the problem of qualifying the actions of employees of operational units that allow provocation of non-corruption offenses. Materials and Methods: the normative basis of the study is formed by the criminal legislation containing the elements of crimes based on which qualification of provocative actions of employees is possible. To write the work, we used the dialectical method of scientific knowledge, as well as private methods of logical deduction, induction. Results of the Study: based on the analysis of the features of provocative actions of employees of operational units, their qualifications according to Art. 286 of the Criminal Code is an abuse of power. We studied those typical cases that can be qualified according to this norm. Findings and Conclusions: It is necessary in the decision of the Plenum of the Supreme Court of the Russian Federation to clarify the rules for qualifying provocative actions of employees. Particular attention should be paid to clarifying the consequences of the offense under Art. 286 of the Criminal Code, which are mandatory for qualification. Based on the analysis of investigative and judicial practice, the article considers the issues of criminal legal qualification of actions of employees of operational units that allow provocation of a crime. In particular, the author proposes an algorithm for the application of Art. 286, 303 of the Criminal Code. The author identified the signs, the presence of which is due to the proposed qualifications for these articles.