PROSPECTS AND IMPROVEMENT OF THE REGULATION OF THE INSTITUTION OF CRIME PROVOCATION

Abstract

This article provides a comprehensive analysis of the legal nature of the institution of incitement to crime within the criminal law system, its legal essence, and the challenges of legislative regulation. The author comparatively examines the theoretical foundations of the concept of incitement to crime, its differences from the institution of participation, and the experience of foreign countries (USA, Germany, Spain, France, and CIS countries). In the course of the study, special attention is paid to the decisions of the European Court of Human Rights and problematic situations in national judicial practice. The article develops criteria for distinguishing provocation as an effective method of combating crime and as an unlawful act. Based on scientific debates, the author justified the incorrectness of considering the provocation of a crime within the framework of complicity. At the end of the article, it is aimed at improving the Criminal Code of the Republic of Uzbekistan. In particular, proposals and recommendations have been put forward to supplement the concept of provocation with norms that exclude its criminality and establish liability.