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Article

КВАЛИФИКАЦИЯ ПРОВОКАЦИИ ОТДЕЛЬНЫХ ПРЕСТУПЛЕНИЙ

Шумихин В. Г.

Introduction: the article studies some approaches of judicial practice to criminal and legal evaluation of provocative actions related to throwing in illicit items (e.g. drugs, firearms, ammunition, etc.) to a person in order to create fake evidence for prosecution. Purpose: to justify and specify, on the basis of scientific and regulatory sources, criminal and legal evaluation of provocative throwing in illicit items aimed at creating fake evidence for prosecution. Methods: the methodological framework of the study is based on a set of methods of scientific cognition, among which the dialectical method is the major one. The author uses both general scientific methods and specific ones, namely the formal, technical and comparative legal methods. Results: the approach tocriminal and legal evaluation of provocation of a crime involving throwing in drugs, firearms or ammunition to a person aimed at creating fake evidence for prosecution is studied. Conclusions: it is concluded that provocative actions, such as throwing in drugs and ammunition to a person in order to falsify their criminal conduct should be qualified as knowingly false denunciation with creating fake evidence for prosecution. It is proposed to make amendments to two resolutions of the Plenum of the Supreme Court of the Russian Federation that deal with recommendations on qualification of provocative actions aimed at creating fake evidence for prosecution.