Another word for instigate

98 Synonyms of INSTIGATE | Merriam-Webster Thesaurus

verb

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1 to bring (something volatile or intense) into being

the medical breakthrough instigated a whole new field of therapy

abet,
brew,
ferment,
foment,
incite,
pick,
provoke,
raise,
stir (up),
whip (up)

advance,
cultivate,
encourage,
forward,
foster,
further,
nourish,
nurture,
promote,
sow,
stimulate

detonate,
set,
set off,
trigger

excite,
galvanize,
inflame

(also enflame),
inspire,
motivate,
rouse

activate,
energize,
enliven,
fire,
invigorate,
jazz (up),
liven (up),
pep (up),
quicken,
stimulate,
vitalize

set in motion

bridle,
check,
constrain,
curb,
discourage,
hold,
inhibit,
regulate,
rein (in),
restrain,
tame

allay,
calm,
quiet,
settle,
soothe,
still,
subdue,
tranquilize
(also tranquillize)

2 to rouse to strong feeling or action

the charge that the scene in the movie had instigated teenagers to commit similar acts of vandalism

arouse,
encourage,
excite,
fire (up),
impassion,
incite,
move,
pique,
provoke,
rev (up),
spark,
stimulate,
stir

fan,
ignite,
inflame
(also enflame),
kindle,
trigger

activate,
animate,
drive,
energize,
galvanize,
induce,
inspire,
key (up),
motivate,
motive,
pump up,
quicken,
set off,
vitalize

abet,
ferment,
foment,
raise,
whip (up)

anger,
enrage,
madden,
upset

jeer,
taunt,
tease

aggravate,
annoy,
bother,
exasperate,
gall,
get,
irritate,
vex

build a fire under

calm,
soothe,
subdue,
tranquilize
(also tranquillize)

appease,
mollify,
pacify,
placate

See the Dictionary Definition

Frequently Asked Questions About

instigate

How does the verb

instigate contrast with its synonyms?

Some common synonyms of instigate are abet, foment, and incite. While all these words mean "to spur to action," instigate definitely implies responsibility for initiating another's action and often connotes underhandedness or evil intention.

instigated a conspiracy

In what contexts can

abet take the place of instigate?

In some situations, the words abet and instigate are roughly equivalent. However, abet implies both assisting and encouraging.

aiding and abetting the enemy

When is it sensible to use

foment instead of instigate?

Although the words foment and instigate have much in common, foment implies persistence in goading.

fomenting rebellion

When would

incite be a good substitute for instigate?

The meanings of incite and instigate largely overlap; however, incite stresses a stirring up and urging on, and may or may not imply initiating.

inciting a riot

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Time Traveler for instigate

The first known use of

instigate was in 1542

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Cite this Entry

“Instigate.” Merriam-Webster.com Thesaurus, Merriam-Webster, https://www.merriam-webster. com/thesaurus/instigate. Accessed 25 Oct. 2022.

Style: MLA

Merriam-Webster.com Thesaurus, Merriam-Webster, https://www.merriam-webster.com/thesaurus/instigate. Accessed 25 Oct. 2022.">MLA Merriam-Webster.com Thesaurus, s.v. “instigate,” accessed October 25, 2022, https://www.merriam-webster.com/thesaurus/instigate.">Chicago Merriam-Webster.com thesaurus. Retrieved October 25, 2022, from https://www.merriam-webster.com/thesaurus/instigate">APA Merriam-Webster.com Thesaurus, https://www.merriam-webster.com/thesaurus/instigate. Accessed 10/25/2022.">Merriam-Webster

More from Merriam-Webster on instigate

Nglish: Translation of instigate for Spanish Speakers

Britannica English: Translation of instigate for Arabic Speakers

INSTIGATE Synonyms: 54 Synonyms & Antonyms for INSTIGATE

See definition of instigate on Dictionary. com

verbinfluence, provoke

synonyms for instigate

abet
bring about
foment
incite
inflame
initiate
kindle
plot
prompt
spur
whip up
actuate
encourage
goad
hint
impel
insinuate
move
needle
persuade
plan
raise
rouse
scheme
start
stimulate
suggest
urge
add fuel
egg on
fire up
make waves
put up to
rabble-rouse
set on
steam up
stir up
turn on
work up

See also synonyms for: instigated / instigating / instigative / instigator

antonyms for instigate

MOST RELEVANT

deter
discourage
dissuade
halt
neglect
put out
stop
calm
conclude
depress
finish
ignore
repress
suppress
prevent

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How to use instigate in a sentence

Williams also knew that members of TheDonald community had indeed used the site to instigate the assault.

THEDONALD’S OWNER SPEAKS OUT ON WHY HE FINALLY PULLED PLUG ON HATE-FILLED SITECRAIG TIMBERG, DREW HARWELLFEBRUARY 5, 2021WASHINGTON POST

Others took pains to point out Keller is never shown instigating any violence toward Capitol Police, at least in the parts of the videos made public.

FROM OLYMPIC MEDALIST TO CAPITOL RIOTER: THE FALL OF KLETE KELLERDAVE SHEININ, RICK MAESEJANUARY 15, 2021WASHINGTON POST

Plenty of professional athletes make use of this technique to perform under pressure, and one study found that you can instigate some small but significant muscle growth by simply visualizing an exercise.

HOW TO MAKE THE MOST OF MEDITATION WITH SCIENCEJESSICA BODDYJANUARY 1, 2021POPULAR-SCIENCE

The coronavirus pandemic has instigated civil unrest, an economic downturn and a public health crisis, but Ritchie Torres sees an opportunity for bold leadership to improve the nation.

RITCHIE TORRES, SET TO BE FIRST OUT AFRO-LATINO IN CONGRESS, SEEKS BIG CHANGES AMID COVIDCHRIS JOHNSONSEPTEMBER 9, 2020WASHINGTON BLADE

In the case of Baltimore, as a ProPublica investigation explored in detail last year, a police pullback appeared to be an instigating element that combined with other problems to create a breakdown of civil order in the city.

WHAT CAN MAYORS DO WHEN THE POLICE STOP DOING THEIR JOBS?BY ALEC MACGILLISSEPTEMBER 3, 2020PROPUBLICA

Here the problem of food getting was fully solved and there was nothing to instigate any new step in evolution.

MAN AND HIS ANCESTORCHARLES MORRIS

Behind him stood Temple, ever ready to instigate others to stab the objects of his hate.

THE POLITICAL HISTORY OF ENGLAND - VOL. X.WILLIAM HUNT

Easy it was to instigate the ferocious spirit: in the heart of Sigurd stood his sword.

THE ELDER EDDAS OF SAEMUND SIGFUSSON; AND THE YOUNGER EDDAS OF SNORRE STURLESONSAEMUND SIGFUSSON AND SNORRE STURLESON

This idea had been always present to me, and had in no small degree conspired to instigate my exertions.

CALEB WILLIAMSWILLIAM GODWIN

The want of money never stayed an Afghan raid—on the contrary it is more apt to instigate it.

THE GATES OF INDIATHOMAS HOLDICH

WORDS RELATED TO INSTIGATE

advocate
back
condone
egg on
encourage
endorse
goad
incite
instigate
prod
promote
provoke
sanction
spur
support
urge

activate
animate
arouse
cause
drive
egg on
energize
excite
fire up
impel
incite
induce
influence
inspire
instigate
key up
mobilize
motivate
move
prompt
propel
put up to
quicken
rouse
spur
stimulate
turn on
work into lather
work up

activate
arouse
cheer
embolden
encourage
energize
enliven
exalt
excite
fire
gladden
hearten
impel
incite
inform
inspire
inspirit
instigate
invigorate
kindle
liven
make alive
move
quicken
revive
revivify
rouse
spark
spur
stimulate
stir
urge
vitalize
vivify

agitate
alert
animate
awaken
call
challenge
electrify
enliven
fire up
foment
foster
goad
heat up
incite
inflame
instigate
kindle
move
provoke
rally
rouse
send
spark
spur
stimulate
stir
thrill
turn on
wake up
waken
warm
whet
whip up
work up

agitates
alerts
animates
awakens
calls
challenges
electrifies
enlivens
fires up
foments
fosters
goads
heats up
incites
inflames
instigates
kindles
moves
provokes
rallies
rouses
sends
sparks
spurs
stimulates
stirs
thrills
turns on
wakens
wakes up
warms
whets
whips up
works up

activated
actualized
break ground
broke the ice
brought about
brought to passed
caused
commenced
created
did
drove
effected
embarked on
entered on
entered upon
established
eventuated
found
gave birth to
gave impulse
generated
get went
impelled
inaugurated
induced
initiated
instigated
instituted
introduced
launched
lay foundation for
led
made
made active
motivated
mounted
occasioned
opened
originated
plunged into
prepared
produced
set about
set in motion
set up
triggered
undertook
went ahead
went into

Synonym for the word instigator

Main
Linked words
Synonym for instigator

All synonyms for the word "instigator"

#	Synonym	Number of letters	Synonym type
1	agent instigator	19 letters	Word
2	agent provocateur	16 letters	Word
3	agitator	8 letters	Word
4	troublemaker	7 letters	Word
5	rebel	7 letters	Word
6	rebel	9 letters	Word
7	vabitel	8 letters	Word
8	Disturber	8 letters	Word
9	troublemaker	23 letters	Phrase
10	hostile	12 letters	Word
11	ringleader	8 letters	Word
12	instigator	8 letters	Word
13	instigator of a quarrel	14 letters	Phrase
14	inspirator	10 letters	Word
15	mutnik	6 letters	Word
16	rider	8 letters	Word
17	pusher	11 letters	Word
18	guide	11 letters	Word
19	setter	9 letters	Word
20	tuner	10 letters	Word
21	inducer	13 letters	Word
22	knocked out	9 letters	Word
23	beater	12 letters	Word
24	negotiator	11 letters	Word
25	arsonist	11 letters	Word
26	prodder	11 letters	Word
27	instigator	13 letters	Word
28	dampener	11 letters	Word
29	choke	10 letters	Word
30	provocateur	10 letters	Word
31	provoker	11 letters	Word
32	nebulizer	11 letters	Word
33	embarrassment	9 letters	Word
34	troublemaker	7 letters	Word
35	co-worker	11 letters	Word
36	brawler	7 letters	Word
37	troll	6 letters	Word
38	teacher	8 letters	Word
39	instigator	13 letters	Word

Synonyms for the word "instigator" - 6 letters.

#	Synonym	Number of letters	Synonym type
40	mutnik	6 letters	Word
41	troll	6 letters	Word

Synonyms for the word "instigator" - 7 letters.

#	Synonym	Number of letters	Synonym type
42	troublemaker	7 letters	Word
43	rebel	7 letters	Word
44	troublemaker	7 letters	Word
45	brawler	7 letters	Word

Synonyms for the word "instigator" - 8 letters.

#	Synonym	Number of letters	Synonym type
46	agitator	8 letters	Word
47	vabitel	8 letters	Word
48	Disturber	8 letters	Word
49	ringleader	8 letters	Word
50	instigator	8 letters	Word
51	rider	8 letters	Word
52	teacher	8 letters	Word

Synonyms for the word "instigator" - 9 letters.

#	Synonym	Number of letters	Synonym type
53	rebel	9 letters	Word
54	setter	9 letters	Word
55	knocked out	9 letters	Word
56	embarrassment	9 letters	Word

Synonyms for the word "instigator" - 10 letters.

#	Synonym	Number of letters	Synonym type
57	inspirator	10 letters	Word
58	tuner	10 letters	Word
59	choke	10 letters	Word
60	provocateur	10 letters	Word

Synonyms for the word "instigator" - 11 letters.

#	Synonym	Number of letters	Synonym type
61	pusher	11 letters	Word
62	guide	11 letters	Word
63	negotiator	11 letters	Word
64	arsonist	11 letters	Word
65	prodder	11 letters	Word
66	dampener	11 letters	Word
67	provoker	11 letters	Word
68	nebulizer	11 letters	Word
69	co-worker	11 letters	Word

Synonyms for the word "instigator" - 12 letters.

#	Synonym	Number of letters	Synonym type
70	hostile	12 letters	Word
71	beater	12 letters	Word

Synonyms for the word "instigator" - 13 letters.

#	Synonym	Number of letters	Synonym type
72	inducer	13 letters	Word
73	instigator	13 letters	Word
74	instigator	13 letters	Word

Synonyms for the word "instigator" - 14 letters.

#	Synonym	Number of letters	Synonym type
75	instigator of a quarrel	14 letters	Phrase

Synonyms for the word "instigator" - 16 letters.

#	Synonym	Number of letters	Synonym type
76	agent provocateur	16 letters	Word

Synonyms for the word "instigator" - 19 letters.

#	Synonym	Number of letters	Synonym type
77	agent instigator	19 letters	Word

Synonyms for the word "instigator" - 23 letters.

#	Synonym	Number of letters	Synonym type
78	troublemaker	23 letters	Phrase

Synonyms for the word instigator - these are words close in meaning to the word instigator, which can easily replace it in texts and in conversation. Total found synonyms for the word instigator - 79 pcs. They can include both words and phrases. Of the found synonyms, words - 74 pieces, and synonymous phrases - 4 pieces. Very often, especially when solving crossword puzzles, there is a question: "A synonym for the word instigator", therefore, our dictionary also presents the number of letters that make up one or another synonym. The smallest synonym for instigator has 6 letters, and the longest has 23 letters. You can find the desired synonym word by the number of letters using the table above, and specifically the number of letters column.

About synonyms

Without the words of synonyms in texts of various nature, whether it be narration, reasoning, motivation, one cannot do in overcoming the unjustified repetition of the same word. Also, the use of synonymous words instead of instigator is used in the literature as a way of linking adjacent sentences in a text. In the style of Russian literature, when a text is written, the repetition of the same words is identified as a tautology and is a gross lexical error. Thus, when presenting the text at the initial stage, one of the keywords of the synonym is used, and further along the text, synonyms that are suitable in meaning are already used, revealing and reinforcing the theme of the text for a broader presentation.

For example, the original word “instigator”, further, depending on the necessary applicability, is replaced by an agent-instigator, agent-provocateur, agitator, troublemaker, rebel, rebel, vavitel, troublemaker, troublemaker, hostile creator, ringleader, instigator, instigator of a quarrel , inspirator, mutnik, navadnik, pusher, inciter, inciter, instigator, inciter, inciter, inciter, instigator, arsonist, instigator, instigator, suppressor, suppressor, provocateur, provocateur, flare-up, embarrassment, troublemaker, mischief, quarrel, troll, apprentice ,instigator.

Do not forget that, due to their qualities, synonyms can be applied using the prefix “not” to antonyms, words that are opposite in meaning. At the same time, the lexical meaning of the formed word of the antonym with the prefix is not also characterized as a synonym.

The word is characterized by a synonym and polysemantic words that form a complex phrase of words in their polysemy according to the lexical meaning of one of the words of the proposed synonym in the context.

In conclusion of what has been said, I would like to emphasize what an important role synonyms play in people's speech. The use of synonymous words and the ability to use additional resources in the form of dictionaries makes it possible not only to express one's thoughts in the most accurate and diverse way, but also leads to the enrichment and saturation of our native Russian language.

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Synonyms for authority

Synonyms for role

Synonyms for influence

Synonyms for power

Synonyms for breath

Synonyms for action

Synonyms for act

Synonyms for agitation

Synonyms for inspiration

Synonyms for authority

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The Supreme Court summarized the practice of the ECHR on crimes committed due to incitement by law enforcement officers

According to one of the experts, this document, unlike the previous one, is more meaningful and structured. The second suggested that the reason to return to this topic was the ruling in the case of Kuzmina and Others v. Russia, in which the ECtHR confirmed the existence of a systemic problem in Russian legislation regarding the provocative nature of police actions during ORM. The third drew attention to the fact that the topic of police provocation still causes difficulties for Russian law enforcers. The fourth one stated with regret that the document contains only the conclusions of the ECtHR, but there is no attitude of the Supreme Court towards them. The fifth noted that the institution of "special lawyers" could function in each subject of the Russian Federation.

The Supreme Court of the Russian Federation summarized the practice and legal positions of the ECtHR in cases where the issue of an alleged violation of paragraph 1 of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms in connection with the commission by the applicants of crimes as a result of incitement by law enforcement officers.

General

According to an extract from the judgment of the ECtHR of 26 October 2006 in the case of Khudobin v. Russia, the European Court emphasized that it sees the difficulties faced by public authorities in the fight against serious crimes and the need to improve the methods of investigation, which are sometimes required in this context. In principle, the Court's case-law does not preclude reference, at the stage of the investigation of a criminal case and if the nature of the act permits, to evidence obtained as a result of an undercover operation by police officers, but the use of undercover agents must be limited; law enforcement officers can act covertly, but not engage in incitement, the ECtHR noted (p. 128).

In paragraph 46 of the Resolution dated December 15, 2005 in the case of Vanyan v. Russia, the ECtHR noted that the Convention does not prohibit referring to information obtained from anonymous informants at the investigation stage and when the nature of the crime so requires. Another thing is the subsequent use of their testimony by the court as a basis for convicting a person. The introduction of secret agents should be limited and provided with appropriate guarantees, even in cases of combating drug trafficking, the European Court emphasized. The requirements for a fair trial in criminal cases contained in Art. 6 of the Convention, lead to the fact that public interests in the field of combating drug trafficking cannot serve as a basis for using evidence obtained as a result of provocation by law enforcement officers.

The concept of “provocation” and its difference from legal secret methods of investigating a crime

Material check of provocation

The document notes that the authorities must confirm that there are good reasons for conducting a covert operation. In particular, they must have concrete and objective evidence showing that the applicant took the first steps to commit acts constituting the offense for which he was subsequently prosecuted. Any information that authorities rely on must be verifiable.

Thus, in cases where the police proceeded with the test purchase immediately after the first report incriminating the applicant, and without any attempt to verify that information or consider other means of investigating the applicant's alleged criminal activities, the Court has found that the undercover operation involved incitement. On the contrary, if the test purchase was preceded by a series of measures (primarily court-sanctioned wiretapping) that provided material evidence of the applicant’s intent, and this evidence was then available for examination in open court, there was no entrapment (paragraph 88 of the judgment in the case “ Kuzmina and Others v. Russia).

It is pointed out that the European Court in the case of Teixeira de Castro v. Portugal emphasized that, apparently, the national authorities did not have sufficient grounds to suspect the applicant of having previously been involved in the sale of drugs: “... He had no criminal record and no criminal proceedings were initiated against him. In fact, he was not known to the police, who only contacted him through the mediation of V.S. and F.O. Furthermore, the drugs were not at the applicant's home; he received them from third parties, who, in turn, received them from another person ... Supreme Court decision of 5 May 1994 does not indicate that during the period of detention the applicant had more drugs than the police officers demanded. This would indicate that he went beyond provocation by the police. There is no evidence of the Government's argument that the applicant was predisposed to commit crimes” (para. 39 of the Bannikova v. Russia judgment).

Provocation check

The European Court indicated that it must examine the procedure for the examination by the domestic courts of the applicant's complaint of entrapment. In fact, as case-law testifies, the ECtHR considers the procedural aspect to be a necessary component in the study of such complaints (paragraph 51 of the judgment in the case of Bannikova v. Russia).

The European Court observed that in the absence of a complete verification system during the ongoing operation, the role of later control by the court of first instance becomes decisive (paragraph 135 of the judgment of 26 October 2006 in the case of Khudobin v. Russia).

As regards the principles of adversarial and equality of arms, the European Court considers these guarantees to be necessary when considering a complaint of entrapment, especially given the non-disclosure of information by the investigating authorities (paragraph 58 of the Bannikova v. Russia judgment).

The ECtHR has explored the possibility of using “special counsel” to compensate for the procedural injustice resulting from the failure to fully disclose documents in cases where there is a need to protect national security, but also considered this approach to be capable of violating the principle of equality of arms, depending on the importance of undisclosed documents. to the outcome of the trial (paragraph 63 of the Judgment in the case of Bannikova v. Russia).

Oksana Sadchikova, a lawyer for the Administration of the Stavropol Territory, in a commentary to AG noted that the institution of “special lawyers” could function in every constituent entity of the Russian Federation, and its effectiveness for defense purposes could be achieved if “special lawyers” had stable skills in analyzing as evidence on the subject of signs of deletion of information, and the behavior of the agent for compliance with the rule of "passive behavior". In addition, the “special lawyer” could require the disclosure of materials in whole or in part if there is an unreasonable tendency to classify information, the open study of which cannot lead to damage to state secrets, including the indication of specific persons, dates, places that must be encrypted before being presented in an open process.

Previous findings of the ECtHR in cases of alleged incitement

In relation to Russia, the ECHR has previously found that in police-controlled test purchases and similar covert operations, the police are not actually responsible for the behavior of their secret agents and informants due to a systemic flaw, namely the absence of an explicit and predictable procedure for authorizing such operations (para. 95 Rulings in the case of Kuzmina and Others v. Russia).

The Court has reiterated on numerous occasions that this remains a structural problem that exposes applicants to arbitrary action by state agents and prevents the domestic courts from effectively judicial reviewing their allegations of entrapment. He constantly established a violation of paragraph 1 of Art. 6 of the Convention due to the imperfection of the procedure for issuing authorizations and conducting test purchases of narcotic drugs and the failure of the domestic courts to properly address the applicant's argument about entrapment by taking the necessary steps to uncover the truth and eliminate doubts as to whether the applicant committed an offense as a result of incitement. Similar conclusions were drawn in relation to criminal proceedings related to similar undercover operations used to investigate corruption (para. 96 of the judgment in the case of Kuzmina and Others v. Russia).

Oksana Sadchikova considers it necessary to control the procedure for issuing permits and carrying out test purchases of narcotic drugs. “The purpose of such control is to objectively record all stages of the ORM in order to check whether the agent-informant has crossed the line and turned from a passive participant in an operational event into an agent provocateur. In a number of cases studied, the picture is as follows: from the very beginning, all the activities of the agent seem to be controlled and not recorded by anyone, including after the “appearance” of his consent to participate in the operational experiment, only the last stage of the ORM is carried out under audio and video recording - the transfer of money the person against whom the operation is being carried out. In such a situation, the risks of losing the opportunity to make an objective decision in the future, taking into account all the circumstances of the case, are very high. Instead of objective audio and video recording, there is often evidence in the case that is very easy to change as a result of pressure or fear of such pressure - witness testimony. Under fear of criminal prosecution, such witnesses - we are talking primarily about alleged intermediaries - are capable of any slander, if only to improve their situation, ”the expert noted.

According to Oksana Sadchikova, the way out is seen in a very limited use in proving the testimony of agents and intermediaries, and priority should be given to audio and video recordings. The use of testimonies should be possible only in exceptional cases when, in the presence of other specific and verifiable information, the person against whom operational measures are being carried out uses methods of conspiracy. In some cases, the use of audio and video equipment is basically impossible or extremely difficult, she explained.

Oksana Sadchikova pointed out that when carrying out operational activities, from the moment when audio and video recording becomes possible, it must be initiated and the necessary permissions obtained. This position follows from the judgment of the ECtHR dated January 2, 2013 in the case of Veselov and Others v. Russia: “123. ˂…˃ The initial stage of the operation, when Z. called the applicant on the instructions of the policemen and in their presence and asked him to sell drugs to her, was not recorded, and their further telephone conversations were also not recorded. The result of this omission was the same as in the other two cases, i.e. the authorities were deprived of the opportunity to prove that the applicant had intent to commit a crime.” and par 110: “˂…˃ In addition, the content of “Ruslan's” telephone conversations with X. was not taken into account, since they were not recorded. The conversations of the participants in the transaction, which were listened to by the police during the test purchase, were not recorded or otherwise recorded. The Court is mindful of the need for authorization of such recordings by the court. However, it does not appear from the case file that the time for the test purchase was insufficient or that there were other obstacles to obtaining such an authorization, whereas the evidence thus obtained would have been of high probative value in assessing whether the applicant had intent to commit a crime. ”

“We have repeatedly observed situations when, in the presence of information about audio and video recording of operational events (they are sometimes fragmentary), this evidence does not appear in the materials of criminal cases, and the prosecution refers to the fact that copies and originals have been lost. The operational services explain this, as a rule, by the fact that audio or video recording was not carried out, although there is evidence to the contrary, or the media was lost due to a technical error. In cases where official investigations are not carried out on such facts and the perpetrators are not held accountable, the conclusion is obvious that such actions are consistent with the management and services responsible for the safety of audio and video recordings,” the expert said.

According to Natalya Balogh, lawyer of the Administration of the Krasnoyarsk Territory, compared to the generalization of the practice and legal positions of the ECtHR in 2016, the document of 2021 is more meaningful and structured, since the material and procedural aspects of checking the presence of provocation in a criminal case are separated - a much more than visual simplification for law enforcers.

“Critically important, however, is the fact that since the publication of the previous document in 2016, there has been no proper judicial control and verification by the authorities of the applicant’s arguments about provocation by law enforcement officers in Russia since the publication of the previous document. This is confirmed by the information that by December 2020, the ECHR had issued 20 rulings on 121 complaints with similar arguments,” the expert emphasized.

Natalya Balog singled out the Ruling in the case of Kuzmina and Others v. Russia, which, among other things, addresses the widespread Russian problem of combining the roles of a source of information about criminal activity and a buyer in the production of ORM (that is, an agent who risks becoming an agent provocateur).

“Otherwise, the ECtHR continues to insist on the need for legislative regulation of ORM and a more sensitive attitude of the courts to the arguments of the applicants about the provocation, and also recalls the mandatory preliminary verification of information about the crime through various measures, not limited to operational experiment and test purchase,” she noted.

Availability of independent control over ORM and assessment of evidence by the court

The ECtHR stressed that the most appropriate guarantee regarding the conduct of a covert operation would be judicial review. This also applies to prosecutorial oversight (paragraph 63 of the Decree of October 30, 2014 in the case of Nosko and Nefedov v. Russia).

The Court also pointed to the need for a clear and predictable procedure for authorizing investigative actions, as well as proper supervision of them. According to the ECtHR, judicial review is the most appropriate remedy in cases involving covert operations (para. 90 of the judgment in the case of Kuzmina and Others v. Russia).

The European Court noted that in cases where the accused claims that a provocation was carried out against him, the courts considering criminal cases must carefully examine the materials of the case, since in order for the trial to be considered fair within the meaning of paragraph 1 of Art. 6 of the Convention, all evidence obtained as a result of a provocation by law enforcement officers shall be declared inadmissible. This is especially true when the operational measure is carried out in the absence of sufficient legal grounds and without observing the necessary guarantees (paragraph 56 of the Bannikova v. Russia judgment).

Experts drew attention to the need for legislative changes

Irina Khrunova, Managing Partner at Khrunova & Partners, noted with regret that the document contains only the conclusions of the ECHR, but the attitude of the Supreme Court to these conclusions and positions is completely absent. “We all, working in Russian courts, know that for a particular court in a particular criminal case, the opinion of the Russian law and the opinion of the Supreme Court, which interprets and explains the law, is primary. Undoubtedly, the Supreme Court's own conclusions, which would support the positions of the ECtHR, would greatly enhance the significance of the Generalizations for law enforcers, because even writing a thesis at a law school involves not only listing regulations on the chosen topic, but also presenting one's own conclusions, but here they are not at all . The question remains unresolved – whether the Supreme Court supports the conclusions of the European Court listed in the Generalization; does he encourage judges to follow them?” – said the expert.

Irina Khrunova called the Generalizations an important and necessary document, adding that lawyers pay catastrophically little attention to the practice of the European Court. “But this is a huge and important layer of court decisions with answers to many questions. The practice of the ECHR needs to be studied more and better, and if the Supreme Court disseminates information about it among Russian judges, this can only be welcomed,” she stressed.

The expert drew attention to the fact that in the decision in the case of Kuzmina and others v. Russia, which is repeatedly mentioned in the Generalization, there is an important part: the ECHR calls for changing the Law on OSA so that protection against provocations is maximum. “So far, the legislator has not spoken about such changes. There is not a word about this in the Generalization of the Supreme Court either. It is a pity that this was left without attention. Meanwhile, the Supreme Court has the right of legislative initiative, enshrined in the Constitution and the Law on the Supreme Court. Nothing but the will prevents the Supreme Court from proposing amendments to the Law on OSA, especially since the position of the ECtHR proposes to strengthen the powers of the judiciary, endowing it with control functions over operational units,” Irina Khrunova summed up.

Director of the Center for Practical Consultations, lawyer Sergey Okhotin noted: among the few thematic generalizations of the practice of the ECtHR, the Supreme Court pays attention to the topic of incitement for the second time. The First Generalization, published in 2016, was updated by the latest practice of the European Court of Justice, and also received a clearer structure, highlighting the test for signs of provocation applied by the ECtHR.

The expert suggested that the reason to return to this topic was the Kuzmina and Others v. Russia judgment, in which the European Court confirmed the presence of a systemic problem in Russian legislation regarding the provocative nature of the actions of police officers during ORM, in particular, the lack of a clear and predictable procedures for conducting test purchases and operational experiments.

His colleague, lawyer of the Center for Practical Consultations Inessa Svechnikova, believes that the fact that more than half of the cases from the practice cited by the Supreme Court were accepted after the publication of the Generalization in 2016 gives reason to believe that the topic of police provocation, which by that time had already been well developed in the practice of the ECtHR, still causes difficulties for Russian law enforcers.

“It remains to be hoped that, until the systemic problem is resolved at the legislative level, the generalization of the legal positions of the European Court will help draw attention to the need for effective judicial control to prevent abuse,” the expert emphasized.

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