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CONTENT OF QUALIFYING SIGNS OF ORGANIZATION OF ILLEGAL MIGRATION, CHARACTERIZING THE OBJECTIVE SIDE OF THE CRIME, ACCORDING TO THE LEGISLATION OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF TAJIKISTAN

Author (s)

Akhmadzoda R.S.

Abstract

The article examines the features of the classification of crimes related to the organization of illegal migration, including illegal stay in the territory of the receiving state. The significance of the qualifying features of crimes provided for in Art. 322.1 of the Criminal Code of the Russian Federation, Art. 335.1 and 335.2 of the Criminal Code of the Republic of Tajikistan. It is emphasized that the qualifying characteristics reflect an increased degree of public danger and justify the use of more severe penalties. Particular attention is paid to methods of committing crimes that are dangerous to the life and health of victims, including transportation in conditions that threaten suffocation, overheating or hypothermia, as well as the use of methods that are degrading to human dignity. A comparative analysis of the criminal legislation of various countries is provided, including the provisions of the Criminal Code of Belarus, Azerbaijan and Estonia. The need to supplement Russian and Tajik legislation with qualifying criteria related to a threat to the life and health of the victim, as well as the use of inhumane treatment methods that degrade human dignity is substantiated. The conclusion is drawn about the importance of highlighting these signs for differentiating criminal liability and strengthening the protection of the rights of victims.

Keywords

illegal migration, organization of illegal migration, objective side of the crime, qualifying signs, threat to the life, threat to the health, inhuman treatment

References

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Publication date

Wednesday, 12 March 2025