Verification purchase and operational experimentin legal business activity. Legal positions of the European Court of Justice
The relevance of the consideration and analysis of the legal positions of the European Court on the issues of conducting operational search activities «Test purchase» and «Operational experiment» in the field of legal business activity is due to the decision in 2021. The resolution of Zinin v. Russia, which emphasized the inadmissibility of the use of provocative tactics by employees of operational units in the process of identifying and documenting economic crimes. the statement problem: with this article, the author continues a series of publications devoted to the problems of implementation in the legal regulation of operational investigative activities of the provisions of the case law of the European Court of Human Rights concerning the criteria of provocative actions during operational investigative activities modeling illegal activities. The main body of judicial acts under consideration (the “Vanyan” group of cases) is associated with conventional violations in the process of identifying and documenting the facts of drug trafficking and bribery, as well as with the need for completeness, objectivity and comprehensive consideration in national courts of the defense’s argument about agent provocation. In 2021, the Resolution Zinin v. was included in the corresponding group of cases. Russia, within the framework of which the European Court of Human Rights updated these criteria in the context of the procedure for justifying and conducting an unspoken operation in the field of legal business activity, specifically aimed at detecting the illegal distribution of counterfeit computer programs. The purpose of the study: to study and systematize the provisions of the evolutionary case-law of the European Court of Human Rights on the legal assessment of possible provocative actions of operational officers during operational search activities «Test purchase» and «Operational experiment» in the field of legal business activity. The results and key conclusions: one of the main reasons that influenced the legal position of the European Court in the case of Zinin v. For example, there was insufficient attention of operational staff to the issues of the necessary registration and subsequent provision to the preliminary investigation and court bodies of information about the sources and content of primary operational information, the results of operational investigative measures indicating a preliminary operational check, as well as documents of operational investigative production justifying and authorizing the conduct of an undercover operation.