ON THE FORMATION OF CRIMINAL LEGISLATION IN THE ISLAMIC REPUBLIC OF AFGHANISTAN // Вестник БГУ. Юриспруденция. - 2019. №4. . - С. 50-57.

ON THE FORMATION OF CRIMINAL LEGISLATION IN THE ISLAMIC REPUBLIC OF AFGHANISTAN

DOI: 10.18101/2658-4409-2019-4-50-57 UDK: 343.211

The article discusses the main milestones and conditions for the development of the criminal legislation of Afghanistan. The features of the interaction of secular law with Sharia are considered. At different stages in the development of criminal law, the prior- ity of religious norms over the norms of the Constitution and criminal law can be traced. The most progressive changes in the criminal legislation of Afghanistan oc- curred in 1964 with the adoption of the Constitution. Despite the fact that cases of the Hoodood, Kisas and Diya categories were still exam- ined by Sharia courts, Tazir crimes were examined exclusively by courts of general jurisdiction. Currently, the criminal legislation of the Republic continues to develop, in 2018 a new Criminal Code was adopted.

Islamic Republic of Afghanistan; criminal law; criminal law; Criminal Code; Sharia Tazir; «Thin»; Kisas «Diya»; secular court.