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IMPROVING CRIMINAL LIABILITY FOR COMBATING THE ILLEGAL
TRAFFICKING OF PYROTECHNIC DEVICES
Ilyosbek Tajaliyev
Independent Researcher, University of Public Safety
E-mail: alfargoniy.uz@gmail.com
https://doi.org/10.5281/zenodo.16834101
Abstract:
This article analyzes socially dangerous circumstances related to
the illegal trafficking of pyrotechnic devices and their consequences. It examines
the existing criminal law norms in the Republic of Uzbekistan, the problems
encountered in practice, and ways to eliminate them. Furthermore, the
experience of foreign countries in regulating the circulation of pyrotechnic
devices is studied, and proposals and recommendations are developed to
improve national legislation. The research results aim to enhance the
effectiveness of combating the illegal trafficking of pyrotechnic devices, protect
citizens’ lives and health, and strengthen public safety.
Keywords:
pyrotechnic devices, illegal trafficking, criminal liability, public
safety, national legislation, prevention, law enforcement agencies, international
experience.
The system of criminal liability for combating the illegal trafficking of
pyrotechnic devices requires a comprehensive approach in legal, technical, and
organizational aspects. By identifying the gaps in the current regulatory and
legal framework, analyzing them in connection with practical realities, and
developing legally grounded solutions to the identified issues, it is possible to
further enhance the effectiveness of the criminal liability system in this sphere.
Article 250¹ of the Criminal Code, which establishes liability for the illegal
trafficking of pyrotechnic devices, defines the material nature of the corpus
delicti, i.e., it requires the existence of a socially dangerous consequence — the
circulation of pyrotechnic devices “in a significant amount” or the repeated
commission of the act after an administrative penalty has been applied. This
provision delineates the boundary between a criminal offense and an
administrative offense, which in turn affects the qualification of the socially
dangerous act committed; therefore, determining the “significant amount” is of
crucial importance.
In Section 8 of the Criminal Code of the Republic of Uzbekistan, in particular
in the provisions concerning “the legal meaning of terms,” the quantitative
criteria for legal and categorical concepts such as “significant amount,” “large
amount,” and “very large amount” are defined, and their classificatory
significance in determining the corpus delicti is of considerable theoretical and
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practical importance. This normative clarity has a direct impact on the
application of Article 250¹ of the Criminal Code, since Paragraph 1 of this Article
stipulates that the presence of pyrotechnic devices in a “significant amount” is
one of the mandatory elements of the corpus delicti of the offense in question
[1].
As of June 2025, based on the Base Calculation Amount (BCA), a “significant
amount” is defined as a value between 100 and 300 times the BCA, which
corresponds to pyrotechnic devices worth from 37,500,000 UZS to 112,500,000
UZS. Possession or trafficking of pyrotechnic devices within this value range
constitutes the corpus delicti of the offense provided for in Part 1 of Article 250¹
of the Criminal Code.
Furthermore, Parts 2 and 3 of this Article provide for qualified elements of
the offense based on the aggravating circumstances of “large amount” and “very
large amount.” Specifically, cases in which the value of pyrotechnic devices, as
assessed by an authorized appraisal organization, is between 300 and 500 times
the BCA (from 112,500,000 UZS to 187,500,000 UZS) are classified as a “large
amount.” When the value reaches 500 times the BCA or more (exceeding
187,500,000 UZS), it is recognized as a “very large amount.”
These criteria are of particular theoretical and practical importance in
criminal law theory, as they determine the severity of the crime based on
quantitative thresholds, clarify the elements of the offense, and directly affect
the system of criminal liability. The values established by appraisal
organizations play a crucial role not only in identifying the elements of the
offense but also in the investigation of criminal cases and in judicial practice.
Although the current procedure and mechanism have a certain legal basis,
there is a potential for subjective approaches by appraisal organizations in
determining the value of pyrotechnic devices. Such subjectivity can directly
affect the determination of the severity of the crime, the clarification of the
elements of the offense, and the system of criminal liability, and in some cases
may even create conditions for concealing a crime.
This is due to the fact that pyrotechnic devices are not permitted for open
sale within the territory of the Republic of Uzbekistan and are not freely
available in retail markets. As a result, there is no established real or estimated
price for this category of products in the domestic market. Under such
conditions, appraisal organizations may lack an objective basis for determining
the value of such goods and may rely instead on their own internal judgments or
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on regional economic conditions. This creates a risk of artificially undervaluing
or overvaluing pyrotechnic devices.
Since the assessed value directly affects the quantitative element of the
corpus delicti, there is a risk that the criminal-legal qualification of the socially
dangerous act committed may be carried out incorrectly or without proper
justification. This, in turn, could lead to violations of the principles of justice in
judicial practice.
In the current criminal law norms, one of the key criteria for establishing
criminal liability for the illegal trafficking of pyrotechnic devices is the precise
determination of the quantitative value of such items, which constitute the
subject of the crime. Although Article 250¹ of the Criminal Code contains legal
categories such as “significant amount,” “large amount,” and “very large
amount,” their practical application is directly based on the expert conclusions
provided by appraisal organizations. However, in practice, the value of these
devices is assessed differently by appraisal entities in different regions, which
leads to incorrect classification of the offense, inconsistencies in the
individualization of punishment, and discrepancies in judicial practice.
In order to eliminate this legal and regulatory gap and to establish a unified
system for assessing pyrotechnic devices on a national scale, it is advisable to
create a special commission composed of the relevant state bodies, including the
Ministry of Internal Affairs, the Ministry of Emergency Situations, the State
Customs Committee, the National Guard, the Ministry of Justice, the Supreme
Court, the State Committee for Industrial Safety, the “Uzstandard” Agency, and
other competent authorities. This commission should annually, not for
commercial purposes but specifically for use within the framework of criminal
proceedings, determine and approve indicative (estimated) price ranges for all
categories of pyrotechnic devices based on expert-legal analysis.
Such an approach, first, ensures the correct classification of the corpus
delicti; second, establishes a unified and consistent law enforcement practice
throughout the republic; and third, guarantees the real implementation of the
principles of legality, justice, and equality. Thus, this proposal can be recognized
as an important legal mechanism that ensures objectivity and uniformity in the
assessment of crimes related to pyrotechnic devices.
References:
1.
Criminal Code of the Republic of Uzbekistan (adopted on 01.04.1995).
Retrieved from: https://lex.uz/docs/-111453
SOLUTION OF SOCIAL PROBLEMS IN
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2.
Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No.
783 of December 16, 2020 “On the regulation of the circulation of pyrotechnic
devices.”
3.
Qosimov, A. R. (2022). “Safety measures in the use of pyrotechnic devices.”
National Security and Law Enforcement Journal, No. 3, pp. 102–108.
