Classification of crimes against constitutional order and security of the state

The analysis and collation of the criminal law theory and practice as well as of criminal legislation has demonstrated the following classifications of crimes against constitutional order and internal security of the state: 1. depending on the subsumee and direct object of criminal assault, the crimes against constitutional order and security of the state can be classified as: a) crimes against security of sovereignty, territorial integrity and inviolability of the state (treason (Article 305), violent upheaval and or retention of power (Article 306), public calls for violent change of the constitutional order of the Republic of Tajikistan (Article 307), public calls for extremist activities and public justification of extremism (Article 307¹), espionage (Article 308), encroachment on the life of a state or public figure of the Republic of Tajikistan (Article 310) and violent disturbances (Article 313); b) crimes against the security of the constitutional status of the individual: organization of an extremist community (Article 307²), organization of activities of an extremist organization (Article 307³), organization of a study or a religious-extremist educational group (Article 307⁴); c) crimes against state economic security aimed at undermining economic security and defense capacity of the Republic of Tajikistan: subversive action (Article 309); D) crimes against state information security: disclosure of state secrets (Article 311), loss of documents containing state secrets (Article 312). Basing on the name of Chapter 29 of the Criminal Code of the Republic of Tajikistan (subsumee), all these crimes cannot be classified as crimes against constitutional order and crimes against security of the state, which makes such classification unreasonable. Encroaching on constitutional order, the criminal also encroaches on state security. The terms “constitutional order” and “security of the state”, as used in Chapter 29 of the Criminal Code, need specifying. The analysis of the Constitution of the Republic of Tajikistan, criminal legislation, the Law of the Republic of Tajikistan “On Security” and other normative legal acts shows that internal security of the state already includes its constitutional order. Thus, the use of diversified concepts (definitions) by the legislator for modeling the name of the relevant chapter in the Criminal Code of the Republic of Tajikistan, particularly Chapter 29, is difficult to explain and, apparently, needs specifying. The author suggests that Chapter 29 of the Criminal Code of the Republic of Tajikistan should be called “Crimes against security of the state.” 2. Depending on the security categories in relation to the object: as internal and external. 3. Depending on social, psychological and professional characteristics of the subjects of crime against constitutional order and security of the state. 4. By the form of guilt, all crimes against constitutional order and security of the state are committed intentionally, except for Article 312 of the Criminal Code of the Republic of Tajikistan (loss of documents containing state secrets), which is committed through negligence. All intentional crimes in Chapter 29 of the Criminal Code of the Republic of Tajikistan can be classified into committed with a deliberate intent and a sudden intention. 5. By the nature of motive or purpose of the crime, all crimes against constitutional order and state security can be classified as acquisitive crimes; crimes committed of ideological, political, racial, national, local or religious hatred and enmity, as well as of hatred or enmity towards any social group (Article 3072 of the Criminal Code of the Republic of Tajikistan); for extremist purposes (Articles 307, 3071, 3072, 3073, 3074 of the Criminal Code of RT); with the aim of revenge.

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