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CONSTITUTIONAL PRINCIPLES OF CRIMINAL LEGISLATION OF THE REPUBLIC OF TAJIKISTAN

Author (s)

Ghozieva M.Kh.

Abstract

This study examines the constitutional principles and principles 
of criminal legislation based on the Constitution of the Republic of
Tajikistan and the Criminal Code of the Republic of Tajikistan, and
also shows their relationship and differences
. The Constitution of
the Republic of Tajikistan has the highest legal force, and in case
of inconsistency of normative legal acts, the constitutional
principles apply directly to them.
It is determined that
constitutional principles are the basis of the principles of criminal
law.
The constitutional foundations of the principles of criminal
legislation, such as justice, equality, humanity, democracy, are
shown, and individual shortcomings of the Criminal Code of the
Republic of Tajikistan that do not correspond to constitutional
principles are analyzed.
It is proposed to highlight some
principles of criminal legislation, which are enshrined in the
current principles of the criminal code of the Republic of
Tajikistan and thereby consolidated in the form of its separate
articles.

Keywords

Constitution, criminal law, constitutional principles, principles of criminal law, legality, humanism, equality, democracy, justice

References

1.    Constitution of the Republic of Tajikistan from November 6, 1994 with amended and supplemented of 1999, 2003 and 2016 years. – Dushanbe: Ganj, 2017 – 126 pp.

2.    Criminal Code of the Republic of Tajikistan from  21.05.1998 [electronic resource]. https://mmk.tj/Official site of Legislation National Centre of the Republic of Tajikistan (date of access: 18.04.2024). 

3.    Kutafin O.E. Subject of the Constitutional  Law / О.Е. Kutafin. — Moscow: Jurist, 2001. — 444 pp. (PP. 43).

4.    Mirahmadov Sh. The Role of Constitution in Application of the Principles of Criminal Law» // Journal of academy of rights- 4 (36) / 2020, PP. 195. PP 195 - 197.

5.    Nevinsky V.V. Fundamentals of the Constitutional System of the Russian Federation as a System of Constitutional Principles / V.V. Nevinsky //Russian judicial journal. -Yekaterinburg: Publishing house of Ural University, 2004. - № 1. - PP. 9-15.

6.    Filimonov V.D. Principles of criminal law. — Moscow: JSC "Center YurInfoR", 2002. – 139 pp.

Publication date

Saturday, 12 October 2024