MELIK MELIKYAN

Acting Chief Expert of the Legal Expertise

Service of the Cassation Court of Republic of Armenia,

Applicant at the Chair of

Criminal Law of YSU Faculty of Law

DOI: https://doi.org/10.59546/18290744-2024.7-9-33

Annotaion.

Provocation of a crime is a phenomenon that has its own place in criminal law, and even in the conditions of rich experience formed around it, in legislations, judicial precedents, doctrines of different countries, has various, often contradictory manifestations.

It is noteworthy that the current RA Criminal Code, adopted on May 5, 2021, did not leave out the provisions on the provocation of the crime, as a result of which new horizons were created for the development of the law in this regard and for carrying out further work on targeted application in practical terms.

An integral part of the theoretical and practical legal base formed around the provocation of a crime is also the reflections of the phenomenon discussed in the circumstances excluding criminal responsibility, exempting from criminal responsibility and mitigating criminal responsibility or punishment, which are correlated with other categories known in criminal law, making the research of the selected topic relevant.

In that context, in order to improve the legal regulation of crime provocation by intertwining the legal regulations of domestic and foreign countries, the positions expressed in the case law of the European Court of Human Rights, the Cassation court of RA and the legal theses in a number of theoretical doctrines, it is necessary to highlight the possible gaps and from the point of view of their solution. to come up with scientifically substantiated conclusions and proposals, which are precisely the goals of the chosen topic.

As a result of the work done, with the implementation of the above-mentioned goals, it was possible to show the problems that exist in various criminal law aspects within the framework of the topic, while coming up with appropriate documentation and proposals aimed at solving the existing problems, including legislative amendments and additions, thus adding to the results of the work done theoretically and conveying high importance in practical terms.

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