Novelties and challenges of crimes against constitutional order and state security in the new draft Criminal Code of the Republic of Tajikistan

Crimes against constitutional order and state security play a decisive role in contemporary contexts marked by rising terrorist and extremist organizations, growth of transnational crime, illicit arms trafficking, cybercrime, and drug-related offenses. An analysis of the new draft Criminal Code of Tajikistan reveals that while it introduces novelties regarding crimes against constitutional order and state security, it also contains significant shortcomings. The draft should have incorporated advancements in criminal law theory and doctrine, current Tajik legislation, and input from a broad range of legal experts. The new criminal law must employ modern legislative techniques to ensure public accessibility and comprehension, reduced potential for misinterpretation or abuse by enforcement agencies, and compatibility with digitalization (including unified terminology and clearer distinctions between offenses). Legislative reforms that disregard established legal doctrine inevitably result in systemic inconsistencies. While the General Part of the Criminal Code typically undergoes fewer revisions than the Special Part, any systemic flaws or contradictions in its provisions create persistent enforcement challenges. In Tajikistan, numerous doctoral and candidate dissertations have been defended between 19912023. However, the extent to which their novel findings informed this draft remains unclear. The revised Criminal Code should prioritize decriminalization, social tension reduction, and equitable conflict resolution - rather than exacerbating punitive measures. The author declares no conflicts of interests.

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