Scientific Journal of the National Academy of Internal Affairs

The purpose of the research paper is to conduct critical analysis of the elements of subject of bribery provocation in the context of legal assessment and practical application of Art. 370 of the Criminal Code of Ukraine. Methodology. The following methods of scientific cognition have been used in the article in a complex mode: historical, terminological, system-structural, formal-logical. Scientific novelty. Based on the comprehensive legal analysis of the characteristics of the subject of the crime under Art. 370 of the Criminal Code, including by referring to the history of regulation and analysis of developments in the relevant direction of law enforcement practice, the author's position that the current version of the norm on provocation of bribery should abandon the elements of a special subject of this crime (official) in favor of general subject have been expressed and argued. Conclusions. It has been proposed to include in Part 1 of the updated construction of the criminal law prohibition on bribery provocation the elements of the general subject of bribery provocation, and in Part 2 of the relevant article to include references to a special entity – a law enforcement official. From the de lege ferenda standpoint it has been substantiated that in the text of Part 2 of Art. 370 of the Criminal Code, the subject element “law enforcement officer” should be replaced by a more appropriate “law enforcement officer”. Also, based on the results of elaboration of the relevant area of law enforcement practice, a proposal was made to develop improved sub- stantive criteria for identifying elements of inadmissible provocation in the actions of authorized law enforcement officers