Russian Journal of Economics and Law (Mar 2015)
PROVOCATIVE BEHAVIOR OF A VICTIM AND ITS DIFFERENCE FROM THE PROVOCATION OF A CRIME
Abstract
Objective: to define the main elements of provocative behavior of a victim and its difference from the provocation of a crime. Methods: dialectic approach to the study of social phenomena and historical and comparative-legal methods for the study of legal reality. Results: scientific grounding of theoretical-legal bases of the “provocation” institution and formulating proposals for improving its legislative regulation and increasing the efficiency of its law enforcement. Scientifi c novelty: the article presents the author's classification of the types and forms of provocative activity in the norms of both the General and the Specifi c parts. Practical value: summarizing and analysis of the modern empirical data on the practice of implementation of the norms, containing the features of provocation, and elaboration of organizational and methodological recommendations based on the author’s research.