On the Criminalisation of Separatism in the Criminal Law of the Republic of Tajikistan

In order to protect the sovereignty and territorial integrity of the Republic of Tajikistan, it seems appropriate to strengthen the national legal framework by reassessing the efficiency of criminal norms in relation to the actions of separatists. Based on this, taking into account the doctrines of criminal law, the norms of the Shanghai Convention on the Fight Against Terrorism, Separatism and Extremism, the Criminal Code of the Russian Federation, the Criminal Code of Ukraine, the Criminal Code of the Kyrgyz Republic, the Criminal Code of the Republic of Kazakhstan, and the transformation of the norms of Chapter 29 of the Criminal Code of the Republic of Tajikistan on issues of protecting the territorial integrity of Tajikistan from separatist activities, the author proposes to supplement criminal law with a new norm that criminalises (1) the violation of the territorial integrity of the state, including the separation of a part of its territory or the disintegration of the state by force; (2) the organisation and conduct of separatist referenda or propaganda or public calls for separatist actions (by any means), including the release, preservation and dissemination of separatist materials or the use of political slogans with separatist content; (3) the public justification of separatism; (4) the financing of separatist actions, the support of foreign states or organisations in carrying out separatist actions, etc. Thus, criminal liability for separatism will become an adequate state response to the events that are developing and will continue to develop in the state and a manifestation of social regulation of public processes by means of criminal law science. The efficiency of the criminal law regulation of separatism prevention would significantly increase with the criminalisation of separatism in the Criminal Code of the Republic of Tajikistan.

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