Abstract
Purpose of the work: to overcome contradictions in approaches to the qualification of falsification by employees of operational units of the results of operational investigative activities (hereinafter referred to as ORA), associated with abuse of authority, illegal drug trafficking and bribery. Objective: formulating rules for qualifying crimes committed by operational officers in connection with the exercise of their powers: determining the relationship between falsifying the results of operational investigations and the “planting” of narcotic drugs; justification for the criminal legal assessment of such a “plant” by the operative; study of the significance of the violation of the rights of victims from falsification of the results of operational investigations and imitation of their commission of a crime; substantiation of the presence of signs of extortion of a bribe in the presentation by the operatives to the victims of the demand for the transfer of a monetary reward for not bringing to criminal responsibility. Methodological basis of the research: normative approach, formal legal, study of decisions of the Supreme Court of the Russian Federation, courts of general jurisdiction, study of doctrinal provisions of criminal law. Conclusions: it is shown that the “planting” of drugs by operatives to stage their sale, storage or acquisition by other persons cannot be recognized as the sale of narcotic drugs, since the subjects committing such actions do not have the intent to transfer them to the purchaser, i.e. for distribution. It is argued that the demand by employees of operational units of funds from citizens allegedly “exposed” of committing a crime using imitation or provocation, for not bringing them to criminal responsibility, is extortion of a bribe, and not fraud. The scientific significance of the study lies in the theoretical substantiation of the rules for qualifying falsification of the results of operational investigations by employees of operational units, associated with abuse of authority, illegal drug trafficking and bribery. The practical significance lies in the formulated rules for qualifying crimes committed by operational officers in connection with the suppression of illegal drug trafficking, but carried out through falsification, provocation and creating the appearance of committing attacks.
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