Anti-extremism and Anti-terrorism in Legislation of Tajikistan: Problems of Application

Abstract

The paper considers the issues of implementing the standards of the international legislation on religious and extremist crimes in the national legislation of the Republic of Tajikistan. With regard to its ideology the category of extremism is reflected in the criminal law through the concept of extremist crime: crime for political, ideological, racial, national or religious hatred or hostility reasons or crimes resulting from hatred or hostility towards any social group. According to the understanding of hatred and hostility, which is deeply rooted within the criminal law, the latter one represents external practical (conflict, destructive) actions whereas the first one illustrates hostility without specific actions. The criminal law warrants five kinds of hatred or hostility motives: political, ideological, racial, national, religious hatred or hostility, as well as hatred or hostility towards any social group. These kinds partially overlap in their content, which requires their correct definition. In order to improve the criminal legislation the authors analyzed the disadvantages of the legislation of the Republic of Tajikistan and made certain suggestions.