Criminal Law Protection of Water Resources in Tajikistan: Historical and Legal Analysis
Main Article Content
Abstract
The article is devoted to a comprehensive study of the formation and development of criminal law protection of water resources at various historical stages of Tajikistan's development. Based on the analysis of pre-revolutionary legal traditions, norms of Muslim law, religious precepts of the Avesta and Sharia, as well as customs and sanctions of ancient societies, it is shown that water has long been regarded as a sacred and socially significant value requiring special protection. The second section of the article examines the transformations in the legal regulation of water protection after the October Revolution. It is shown that in the conditions of revolution and civil war, the issues of water protection activities receded into the background, but later they were reflected in the criminal legislation of Soviet Russia, the Uzbek SSR and the Tajik SSR. Special attention is paid to the analysis of the Criminal Code of the Tajik SSR of 1935, which for the first time included a special chapter "Crimes on water".
Article Details
References
Proceedings of the Supreme Soviet of the Tajik SSR, No. 2 (742), 1974.
Listkov A.N. The importance of the object and the subject of the crime for distinguishing attacks on natural resources from theft // Actual problems of responsibility for attacks on the economic system of the USSR. Interuniversity collection of scientific tr. / Gorky. Higher School OF THE USSR Ministry OF Internal Affairs. Gorky. 1983. – Pp. 105-114.
The Law of the Republic of Tajikistan on Environmental Protection on August 2, 2011 No. 760 [Electronic resource]. – Access mode: https://ncz.tj/content/закон-республики-таджикистан-об-охране-окружающей-среды (date of application: 07/12/2025).
Filanenko A.Y. Criminal liability for water pollution. Diss. Candidate of Law. sciences'. Chelyabinsk, 2002. – P. 15-16.
Muromtsev G.I. Sources of Law // Pravovedenie, 1992, No 2. –
P.27-28.
Kaverin A.M. Legal Protection of Waters from Pollution. Moscow, 1977. – P. 8.
Lebedeva S., Karakhodzhaeva O. The Avesta is the Oldest Book // State and Law. 2001. No. 1-2. – P. 68.
Raufov F.Kh. The History of the Development of the Legislation of the Republic of Tajikistan on Responsibility for Violent Sexual Acts//Problems in Russian Legislation. 2014. No. 2. – P. 151.
Collection of Documents on the History of Criminal Legislation in the USSR and the RSFSR, 1917-1952 / Edited by Prof. I.T. Golyakov. Moscow, 1953. – Pp. 197-198.
Romanov, A. A. Criminal Water Pollution in Russia: A Criminal Law and Criminological Study. Diss. Cand. Law. Chelyabinsk, 2010. –
P. 22.
Criminal Codes of the Soviet Republics: Text and Article-by-Article Commentary / edited by S. Kanarsky. Moscow, 1992. – P. 399.
Takhirov F.T. History of the State and Law of Tajikistan. Volume 2, Part 1. (1917-1929). Dushanbe, 2001. – P. 45.
Proceedings of the Supreme Soviet of the Tajik SSR, No. 7, 1984, Article 113.
Mullayev, M.M. Commentary on the Criminal Code of the Tajik SSR (Special Part). Dushanbe: Irfon, 1988. – 390 p.
The Criminal Code of the Tajik SSR, Dushanbe 1962.
Criminal Code of the Tajik SSR, Dushanbe, 1972. – P. 88.
Proceedings of the Supreme Soviet of the Tajik SSR, No. 7, 1984, Article 113.
Listkov A.N. Soviet Criminal Policy in the Field of Nature Protection and the Activities of Internal Affairs Bodies in Its Implementation, Abstract of Dissertation for the Candidate of Law Degree. Sciences. Moscow, 1983. – P. 14.
Dubovik O.L. Environmental Crimes. Commentary on Chapter 26 of the Criminal Code of the Russian Federation. Moscow, 1998. – 183 p.
