ՀԱՆՑԱԳՈՐԾՈՒԹՅԱՆ ՊՐՈՎՈԿԱՑԻԱՅԻ ԴՐՍԵՎՈՐՈՒՄՆԵՐՆ ԱՆՀՐԱԺԵՇՏ ՊԱՇՏՊԱՆՈՒԹՅԱՆ ԻՆՍՏԻՏՈՒՏԻ ՇՐՋԱՆԱԿՆԵՐՈՒՄ / MANIFESTATIONS OF PROVOCATION OF A CRIME WITHIN THE FRAMEWORK OF THE INSTITUTE OF NECESSARY DEFENSE

Abstract

In a number of institutional structures and legal norms of foreign and domestic legislation, certain provisions on provocation of a crime are fixed, which in one way or another correlate with various criminal law institutions. In this context, especially in connection with the innovations of the RA Criminal Code adopted on May 5, 2021, special importance is attached to making the manifestations of provocation of a crime within the framework of necessary defense the subject matter of research. In particular, among these innovations, the provision of provocative manifestations stands out as a condition for the absence of the necessary defense. The envisaged innovation, combined with rich experience on the necessary defense, will serve as an incentive to introduce the manifestations of provocation of a crime, clarify the place of this phenomenon in criminal law, as well as highlight the features of domestic regulations, identify the problems existing therein, and predetermine further development trends. Within the framework of the article, the issues of the combined connection of the necessary defense and provocation of a crime, as well as the criminal legal assessment of persons carrying out a provocation with imitation of the necessary defense were touched upon. The theses put forward in the article were based on doctrinal interpretations, and legal positions formed in judicial practice, foreign and domestic experience, which further strengthened their validity.