Keyword: «crime provocation»

The article provides a comprehensive analysis of the legal institution of crime provocation (entrapment) in the criminal and criminal procedural law of the Russian Federation. The relevance of the research stems from the absence of a clear statutory definition of provocation in legislation, which creates persistent practical difficulties in distinguishing permissible operational experiments from impermissible incitement by law enforcement agencies. Employing historical-legal, formal-dogmatic, and comparative-legal methods, the study examines the evolution of the concept, the current Russian regulatory framework, the case law of the European Court of Human Rights, and approaches in foreign legal systems. The research identifies systemic problems in qualifying and proving the provocative nature of operational officers’ actions, as well as the risks of violating the right to a fair trial. Proposals for legislative improvement are formulated: codifying a two-tier qualification model (substantive and procedural criteria), introducing practical indicators of provocative behavior, and shifting the burden of proof to the prosecution when reasonable doubts arise regarding the lawfulness of operational-search activities. The findings may be applied in legislative drafting, judicial practice, and legal education.