TO THE QUESTION ON THE PROBLEM OF QUALIFICATION OF BRIBE PROVOCATION UNDER EXECUTION THE SPECIAL TASK BY THE EMPLOYEES OF THE LAW ENFORCEMENT BODIES
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 2
Abstract
This article is due to the need to study the issue of bribery provocation, taking into account the diverse practice of the application of Article 370 of the Criminal Code of Ukraine. The introduction indicates the relevance and purpose of this study, which is to initiate amendments to the Criminal Code of Ukraine, as well as to form a single law enforcement practice in qualifying the bribery provocation. The main part of the work is devoted to the analysis of the issues of qualification of bribery provocation when law enforcement officers perform operational search activity or secret investigative actions within the national legislative framework. In particular, certain rules of criminal, criminal procedural legislation, as well as the other normative-legal acts, which regulate the implementation of the special tasks by authorized employees within the framework of operational search activity carrying out, are presented. Also considerable attention is paid to the analysis of the European plane in the framework of the established practice of the European Court of Human Rights on the delimitation of a crime stipulated by Article 370 of the Criminal Code of Ukraine, that is, bribery provocation, from the legal actions of an official within the authority given to him during the special task performance. Taking into account the legal conclusions formulated by the European Court of Human Rights in various decisions, the article establishes approximate criteria for distinguishing a crime, namely, bribery provocation, from the lawful actions of a law enforcement officer in the performance of an official (special) task. The conclusions provide proposals on improving the criminal-law norm of bribery provocation by introducing amendments to Article 370 of the Criminal Code of Ukraine, namely fixing a remark, which would become a guideline in determining the qualification of the actions of an official.
Authors and Affiliations
Юлія Шевченко
Keywords
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