Provocation of crimes in the sphere of illicit drug trafficking

Introduction: the article analyzes certain problematic issues and law enforcement errors encountered when considering the matters of provocation of crimes in the sphere of illegal drug trafficking. Materials and Methods: the normative basis of research is the Constitution of the Russian Federation, decisions of the Constitutional Court of the Russian Federation, decisions of the European Court of Human rights, the Criminal Code of the Russian Federation, Federal law of 12.08.1995 № 144-FL «Law enforcement intelligence operations», the criminal legislation of some foreign countries, explanations of the Plenum of the Supreme Court of the Russian Federation. The methodological basis of the research is the general dialectical method of scientific knowledge, as well as methods of deduction, induction, comparison, analysis, generalization and description. Results of the Study: certain mistakes of law enforcement officers during Law enforcement intelligence operations, in the establishment of which the courts recognize a provocation of crimes in the sphere of illegal drug trafficking, are formulated. The author also sets out and justifies the position that planting drugs to a person is not a provocation of a crime, and offers a qualification of such actions. Findings and Conclusions: the conclusion about insufficient criminal law regulation of provocation of crime is formulated, including provocation of crimes in the sphere of illicit drug trafficking. The author suggests ways to develop legislation in this area in order to improve the criminal law prohibition on provocation of any crime.