The article provides a comparative analysis of the objective side of the elements of crimes related to the organization of illegal migration under the criminal legislation of Russia (Article 322.1 of the Criminal Code of the Russian Federation) and Tajikistan (Articles 335.1, 335.2 of the Criminal Code of the Republic of Tajikistan). Common and distinct features are identified, and forms of activity such as organizing illegal entry, stay, transit, and exit are revealed. The blanket nature of the regulations is emphasized. A conclusion is drawn regarding the formal and alternative elements of the crime. Based on Russian experience, it is proposed to supplement Tajikistan's criminal legislation with a provision on liability for organizing illegal stay.
illegal migration, criminal liability, Criminal Code of the RF, Criminal Code of the RT, objective aspect of a crime, comparative analysis
1. Federal Law of December 28, 2004 No. 187-FZ "On Amendments to the Criminal Code of the Russian Federation, the Criminal Procedure Code of the Russian Federation, and the Code of Administrative Offenses of the Russian Federation" // Collection of Legislation of the Russian Federation. 2005. No. 1 (Part 1). Art. 1.
2. Law of the Republic of Tajikistan of December 31, 2008 No. 451 “On Amendments and Addenda to the Criminal Code of the Republic of Tajikistan.” URL: http://adlia.tj/show_doc.fwx?rgn=14217
3. Criminal Law of Russia. General Part / Edited by F. R. Sundurov, I. A. Tarkhanov. Moscow: Statut, 2016. 864 pp.
4. Federal Law of July 25, 2002 No. 115-FZ (as amended on December 28, 2024) “On the Legal Status of Foreign Citizens in the Russian Federation” (as amended and supplemented, effective from February 5, 2025). // Collection of Legislation of the Russian Federation. 2002. No. 30. Art. 3032.
5. Law of the Republic of Tajikistan of January 2, 2018 No. 1471 “On the Legal Status of Foreign Citizens and Stateless Persons in the Republic of Tajikistan.”
6. Ahmadzoda, R. S. Criminal Liability for Organizing Illegal Migration: A Comparative Analysis of the Legislation of the Russian Federation and the Republic of Tajikistan // Bulletin of Tajik State University of Law, Business and Politics. Social Sciences Series. 2025. No. 2 (103). PP. 34–42.
7. Baymakova, N. N. The Moment of Completion of a Crime: Dissertation … Candidate of Legal Sciences. Moscow, 2011. 21 pp.
8. Andryushenkov, A. V. Criminal Liability for Organizing Illegal Migration: Dissertation … Candidate of Legal Sciences. Omsk, 2016. 209 pp.
9. A collection of methodological manuals on combating the illegal entry of migrants. / URL: https://www.unodc.org/documents/human-trafficking/Migrant-Smuggling/UNODC_2010_Toolkit_to_Combat_Smuggling_of_Migrants_RU.pdf.