The article provides a comparative legal analysis of criminal liability for organizing illegal migration under the legislation of the Russian Federation and the Republic of Tajikistan. The crimes provided for in Art. 322.1 of the Criminal Code of the Russian Federation and Art. 335.1, 335.2 of the Criminal Code of the Republic of Tajikistan are analyzed, and key differences in their dispositions and sanctions are identified. It is noted that the Russian legislator prosecutes the organizers of illegal migration primarily as a recipient country of migration flows, while the Tajik criminal law takes into account, in addition to the above, also the role of a donor country. The practice of applying criminal law norms is considered, statistical data on the number of registered crimes and the number of convicted persons are provided. Reasonable conclusions are made aimed at unifying and increasing the effectiveness of criminal law counteraction to the organization of illegal migration in both states.
illegal migration; organization of illegal migration; criminal liability; comparative analysis; qualification of crimes; Russian Federation; Republic of Tajikistan
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