Octopus Cybercrime Community

Tajikistan adopted specific provisions in the Criminal Code to guarantee the information security, which are incorporated in the SECTION XII. CRIMES AGAINST INFORMATION SECURITY, CHAPTER 28. 

Criminal Procedure Code does not contain procedural powers corresponding to the Budapest Convention.

Illegal access - Art.298  of the Criminal Code of the Republic of Tajikistan.

Illegal interception - Art.301(1) of the Criminal Code of the Republic of Tajikistan.

Data interference - partial implementation by Art.299 of the Criminal Code of the Republic of Tajikistan, only alteration (modification) is covered, the rest of elements missing.

System interference - partial implementation by Art. 300 of the Criminal Code of the Republic of Tajikistan, only damaging computer data is covered.

Misuse of devices - partial implementation by Art.302-303 of the Criminal Code of the Republic of Tajikistan (no coverage of full range of Convention offences).

Computer-related forgery - the most relevant is Art.340 of the Criminal Code of the Republic of Tajikistan, as it addresses forgery of document with use of computer technology. General forgery is also addressed by Art.281-282, as well as Art.323, (forgery by public official), however no computer/cyber/data element is present.

Computer-related fraud - Art.247 of the Criminal Code of the Republic of Tajikistan is a general fraud provision, no reference to cyber elements.

Offences related to child pornography - Art.241, Art.241(1) and Art.241(2) of the Criminal Code of the Republic of Tajikistan. All elements and definitions of Article 9 of the Convention are not covered.

Attempt and aiding or abetting - Art. 32, Art.34(4-5), Art.35-38, Art.65  of the Criminal Code of the Republic of Tajikistan

Expedited preservation of stored computer data - not implemented.

Expedited preservation and partial disclosure of traffic data - not implemented.

Production order - not implemented.

Search and seizure of stored computer data is not sufficiently regulated, as electronic evidence or data is not referenced on the CPC; however, Law on Electronic potentially provides a possibility to seize electronic documents, while search scope (Art. 190 CPC) is general enough to theoretically allow also for a search of a computer system. As to references, Art. 86 lists overall procedures for collection of evidence, Art. 153 is about initiation of the criminal case, Art. 155-157 regulate time limits for preliminary investigation (inquiry), Art.168 lists powers of prosecutor for oversight of criminal cases (no reference to search and seizure among them), Art.190-194 regulate general conditions and safeguards for search and seizure

Real-time collection of traffic data - is not implemented, also the concept of traffic data is absent from the procedural law of the Republic of Tajikistan.

Interception of content data – is partially implemented, although there is no definition of such data; Article 196 CPC provides for interception of telephone or other communications, and provides for conditions and limits (safeguards) for this particular power. It is mostly geared toward audio data, as the “phonogram” of the intercepted conversations could be only examined in presence of two witnesses.

The safeguards are guaranteed by the Constitution of the Republic, esp. Art.5, Art.14, Art.17 and Art.21-22.  

The used safeguards are also covered by Art.5 of the Criminal Code of the Republic of Tajikistan. Also Art.10, Art.13-14, Art.174, Art.177 of the Criminal Procedure Code of the Republic of Tajikistan.

Concept of the legal penal policy of the Republic of Tajikistan approved by the Resolution of the Government of the Republic of Tajikistan, November 2, 2013, №492.

• Draft legislation of the Republic of Tajikistan “On electronic commerce”, proposed for discussion in April 2014.
• Law of the Republic of Tajikistan “On security”, adopted on June 28, 2011.
• Law of the Republic of Tajikistan “On electronic signature”, adopted on July 30, 2007.
• State program on the development and implementation of information and communication technologies in the Republic of Tajikistan developed in order to implement the National Strategy "Information and Communication Technologies for Development of the Republic of Tajikistan", approved by the Decree of the President of the Republic of Tajikistan on November 5, 2003 № 1174.
• Law of the Republic of Tajikistan “On advertising”, adopted on July 16, 2003.
• Law of the Republic of Tajikistan “On State Secrets”, adopted on April 7, 2003.
• Law of the Republic of Tajikistan “On electronic document” adopted on May 10, 2002.
• Law of the Republic of Tajikistan “On information”, adopted on May 10, 2002.
• Law of the Republic of Tajikistan “On data protection” adopted on May 10, 2002.
• On personal data protection see Art.144 of the Criminal Code of the Republic of Tajikistan
• Law of the Republic of Tajikistan “On distribution of information constituting a state secret”, adopted on May 10, 2002.
• Law of the Republic of Tajikistan “On informatization”, adopted on August 6, 2001.
• Regulation on “Internet services” in the Republic of Tajikistan. Approved by the Resolution of the Government of the Republic of Tajikistan on August 8, 2001.
• Law of the Republic of Tajikistan “On copyright and related rights”, adopted on November 13, 1998.
• Law of the Republic of Tajikistan “On the Archive Fund and archival institutions”, adopted on November 13, 1998.
• Law of the Republic of Tajikistan “On television and Radio”, adopted on December 14, 1996.
• Law of the Republic of Tajikistan “On publishing”, adopted on December 27, 1993.
• Law of the Republic of Tajikistan “On communications”, adopted on December 27, 1993.
• Law of the Republic of Tajikistan “On the press and other media”, adopted on December 14, 1990.

International cooperation is partly based on the signed bilateral and multilateral agreements.

International cooperation in its extradition part is partly based on Art.16 of the Criminal Code of the Republic of Tajikistan, Art.476-482 of the Criminal Procedure Code of the Republic of Tajikistan and Art.7 of the Criminal Implementation Code of the Republic of Tajikistan.

Agreement between the Governments of the Member States of the Shanghai Cooperation Organization on the Cooperation in the field of international information security, Yekaterinburg, June 16, 2009.

Resolution: Concept of Cooperation the CIS countries in the field of information security and a comprehensive action plan to implement the concept of cooperation in the CIS countries in the field of information security for the period from 2008 to 2010. Signed in Bishkek, October 10, 2008.  

 Concept of Cooperation of the CIS countries in the fight against terrorism and other violent manifestations extremism. Decision of the Council of Heads of State of the Commonwealth of Independent States on August 26, 2005.

Competent authorities and channels:

• The General Prosecutor's Office of the Republic of Tajikistan.
• Ministry of Internal Affairs of the Republic of Tajikistan and for a number of cases the Department of State Committee on National Security of the Republic of Tajikistan
• Possible cooperation used for the Interpol Network purposes.