Regulation of the provocation of a crime in the criminal legislation of foreign countries: what should Kazakhstan take into account?

Abstract

Relevance. The issue of provocation of a criminal offence in scientific discourse has attracted the attention of lawyers for quite a long time. It should be noted that it does not lose its relevance, since with the development of social relations, as well as changes in legal approaches to the performance of the functions of criminal law, only its development occurs. Moreover, at the moment there is no single approach to this category in the international community, namely regarding the appropriateness of regulating its use in society.Purpose. The purpose of the work was described as conducting a comparative analysis of the features of the legislative consolidation of the provocation of a criminal offence in the legal acts of different states in order to use their experience in Kazakhstan.Methodology. For this purpose, the methods of analysis and synthesis, comparison, deduction, formal legal, generalization were involved in the work.Results. As a result, it was possible to study approaches to the category of provocation of a criminal offence in countries belonging to the Anglo-Saxon and Romano-Germanic legal families, as well as members of the Commonwealth of Independent States. In addition, the experience of states that do not regulate such a mechanism, in particular, make its application impossible, was studied. In the course of the analysis, attention was focused on the approaches that foreign states use regarding the provocation of a criminal offence and are a priority for Kazakhstan. The expediency of legislative consolidation of the above mechanism in the regulatory framework of Kazakhstan, as well as ways to implement this process, was established.Conclusions. The practical value of the work was revealed in the possibility of using it by the legislators of Kazakhstan in reforming the sphere of criminal law, as well as by scientists in the course of studying the problem of provocation of a criminal offence.