Вестник БГУ. Юриспруденция
Bibliographic description:
CORRELATION OF FALSIFICATION IN RESULTS OF OPERATIONAL AND IN- VESTIGATIONAL ACTIVITY (P.4, Art.303 of the RF Criminal Code) AND PROV- OCATIONS (Art. 304 of the RF Criminal Code) // Вестник БГУ. Юриспруденция. - 2018. №1. . - С. 51-56.
Title:
CORRELATION OF FALSIFICATION IN RESULTS OF OPERATIONAL AND IN- VESTIGATIONAL ACTIVITY (P.4, Art.303 of the RF Criminal Code) AND PROV- OCATIONS (Art. 304 of the RF Criminal Code)
Financing:
Codes:
UDK: 343.352
Annotation:
The correlation of falsification of the results of operational search activity (part 4 of article 303 of the Criminal Code of the Russian Federation) and provocation of a bribe (Article 304 of the Criminal Code of the Russian Federation)
The article considers the issue of the correlation of falsification of the results of op- erational search activity (part 4 of article 303 of the Criminal Code of the Russian Federation) and provocation of a bribe (Article 304 of the Criminal Code of the Rus- sian Federation). The falsification of the results of the operational search activity consists in various forms of distortion and counterfeiting of the results obtained dur- ing the operational search activity by law enforcement officers. According to Art. 304 of the Criminal Code of the Russian Federation, provocation of a bribe or com- mercial bribery consists in attempts to transfer money, securities, other property or rendering services of an economic nature to an official or a person performing man- agerial functions in commercial or other organizations without his consent for the purpose of artificially creating evidence of committing a crime or Blackmail. Based on the comparative analysis of Part 4 of Art. 303 of the Criminal Code of the Rus- sian Federation and Art. 304 of the Criminal Code of the Russian Federation con- cludes that it is possible to qualify these criminal acts in aggregate. In addition, the qualification of provocative and inflammatory actions of law enforcement officers is analyzed.
The article considers the issue of the correlation of falsification of the results of op- erational search activity (part 4 of article 303 of the Criminal Code of the Russian Federation) and provocation of a bribe (Article 304 of the Criminal Code of the Rus- sian Federation). The falsification of the results of the operational search activity consists in various forms of distortion and counterfeiting of the results obtained dur- ing the operational search activity by law enforcement officers. According to Art. 304 of the Criminal Code of the Russian Federation, provocation of a bribe or com- mercial bribery consists in attempts to transfer money, securities, other property or rendering services of an economic nature to an official or a person performing man- agerial functions in commercial or other organizations without his consent for the purpose of artificially creating evidence of committing a crime or Blackmail. Based on the comparative analysis of Part 4 of Art. 303 of the Criminal Code of the Rus- sian Federation and Art. 304 of the Criminal Code of the Russian Federation con- cludes that it is possible to qualify these criminal acts in aggregate. In addition, the qualification of provocative and inflammatory actions of law enforcement officers is analyzed.
Keywords:
crimes against justice; malfeasances; falsification; results of operational search activity; provocation of a bribe.
List of references:
Article.pdf