The absence of a public initiation at an early stage of the investigation of crimes as a prerequisite of violations

The article deals with such a negative phenomenon in the activities of law enforcement agencies as provocation and related violations of the requirements of criminal procedure legislation up to the imposition of unlawful sentences, noted by the practice of the European Court of Human Rights. Pre-investigation verification and disclosure of certain types of crimes are associated with the mandatory conduct of operational investigative measures, the secret, unspoken nature of which creates a favorable ground for abuse of authority. This is partly facilitated by the lack of legislative regulation of provocative actions, criteria for verification by control and supervision bodies. Relevant examples are given in this study. Such results of operational investigative activities cannot form the basis of admissible evidence in a criminal case. Therefore, it is necessary to develop clear and clear legal criteria for classifying actions and decisions of law enforcement agencies as provocative. This will protect the legitimate interests of citizens from abuse of authority by law enforcement officers and will serve as a kind of system for protecting future evidence.