In Tajikistan, domestic laws align with international standards regarding the treatment of refugees who enter or remain in the country irregularly. The Law on Refugees stipulates that individuals who enter Tajikistan illegally but declare their intention to seek refugee status are exempt from penalties related to illegal entry or residence. Upon expressing their intent to apply for refugee status, such individuals may be detained by border officials; however, they are not subject to sanctions for unlawful entry or stay. Border security must notify the internal affairs body within 72 hours to initiate the asylum claim review process.

However, Article No.335 of the Criminal Code of the Republic of Tajikistan, which criminalizes the illegal crossing of the state border, states that it does not apply to cases of unlawful entry into the Republic of Tajikistan by foreign citizens and stateless persons if their purpose is to exercise the right to political asylum in accordance with the Constitution of the Republic of Tajikistan. 

This provision creates significant confusion, as law enforcement authorities interpret it too narrowly, believing that it applies exclusively to individuals who, in theory, should apply for political asylum directly to the President of the country. At the same time, the provisions of the Law on Refugees are completely disregarded, as it is assumed that in matters of criminal liability, the norms of the country’s Criminal Code take precedence. 

Thus, the internal laws and policies of Tajikistan are contradictory and only partially, in a declarative manner, support the international standard of non-prosecution for irregular entry or stay. In practice, the ambiguity and narrow interpretation of the provisions of the Criminal Code lead to violations of the right of refugees and asylum seekers to protection when unlawfully crossing the state border of Tajikistan.