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LIABILITY FOR CRIMES RELATED TO THE ILLEGAL CIRCULATION
OF PYROTECHNIC PRODUCTS IN INTERNATIONAL CRIMINAL LAW
Ilyasbek Tadjaliev
Independent Researcher
University of Public Safety, Uzbekistn
Email: alfargoniy.uz@gmail.com
https://doi.org/10.5281/zenodo.15493410
Abstract
This article is devoted to exploring liability for crimes related to the illegal
circulation of pyrotechnic products within the framework of international
criminal law. It analyzes the illegal production, transportation, and sale of
pyrotechnic devices from the perspective of international legal norms. Based on
international treaties, UN documents, and the national legislation of various
countries, the classification of such crimes, measures of liability, and their
effectiveness are examined. Additionally, the transnational nature of pyrotechnic
circulation, its impact on public safety, and the importance of international
cooperation are discussed. The study briefly addresses Uzbekistan’s legislation
and provides recommendations for leveraging international experience.
Keywords:
pyrotechnic products, illegal circulation, international criminal
law, liability, transnational crime, public safety, international cooperation,
legislation.
Pyrotechnic products are widely used for entertainment purposes;
however, their illegal circulation poses serious legal and security threats. The
production, transportation, and sale of illicit pyrotechnics often transcend
national borders, drawing the attention of international law as a form of
transnational crime. This article aims to analyze criminal liability related to the
circulation of pyrotechnics within international criminal law and to draw useful
conclusions for Uzbekistan.
Although the illegal circulation of pyrotechnic products is not directly
regulated by a specific international treaty, the issue can be addressed within
the broader context of the regulation of explosives and hazardous substances.
The United Nations
Convention against Transnational Organized Crime
(2000)
aims to combat transnational crimes, including illegal trade and smuggling [2].
Pyrotechnics are frequently considered hazardous materials under this
convention due to their explosive nature and potential threat to public safety.
Additionally, United Nations Security Council Resolution 1540 (2004)
focuses on preventing the illicit trafficking of dangerous materials and may also
encompass pyrotechnics [3]. As noted by international legal scholar J. Brown,
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crimes related to pyrotechnic trafficking are often closely tied to smuggling and
illegal arms trade [4].
Globally, the illegal handling of pyrotechnic products manifests in various
forms: unlawful manufacturing, cross-border smuggling, unlicensed sales, and
dangerous use. While the criminal liability for these offenses is determined by
national legislation, international law sets out general principles.
For example, in the United States, the unlawful handling of pyrotechnics is
regulated by the
Federal Explosives Law
(18 U.S.C. § 842), which prescribes
imprisonment for up to 10 years [5]. In the European Union, Directive
2007/23/EC strictly regulates the circulation of pyrotechnics and imposes fines
or imprisonment for illegal activities [6]. In Russia, Article 222.1 of the Criminal
Code classifies pyrotechnics as explosives and provides for up to 8 years of
imprisonment [7].
In Uzbekistan, Article 250¹ of the Criminal Code prescribes similar
sanctions, although unlike in international practice, first-time offenders are
often only fined [8].
The transnational nature of pyrotechnic trafficking increases the
complexity of such crimes. According to a 2020 UN report, more than 60% of
illicit pyrotechnic products are distributed through cross-border smuggling [9].
These operations are typically run by organized crime groups and are often
linked to other illegal activities, such as arms trafficking.
The impact on public safety is significant. In the United States, nearly
12,000 firework-related injuries are reported annually [10]. In Europe, illegal
pyrotechnics account for about 10% of fire incidents [6]. While exact statistics
for Uzbekistan are unavailable, there is a noticeable increase in injuries around
New Year celebrations.
International cooperation is essential in combating crimes related to
pyrotechnics. During INTERPOL’s “Fireworks” operation in 2019, illegal sales of
pyrotechnics were detected in over 15 countries, with more than 200 tons of
products seized [11]. This experience is valuable for Uzbekistan and highlights
the potential for expanding regional cooperation within Central Asia.
Furthermore, international treaties such as the UN
Protocol against the
Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components
and Ammunition
can be used to regulate the circulation of pyrotechnics [2].
In Uzbekistan, the circulation of pyrotechnics is regulated by the Cabinet of
Ministers’ Resolution No. 309 (2009) and the Criminal Code [8, 12]. However,
based on international best practices, several improvements can be introduced.
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Drawing from the U.S. and EU experiences, a specialized customs unit to combat
pyrotechnic smuggling could be established [5, 6]. Based on Russian experience,
imprisonment could be introduced for first-time offenses [7]. Participation in
INTERPOL initiatives could also help strengthen border control [11].
Conclusion:
In international criminal law, the illegal circulation of pyrotechnic products is
considered a transnational crime requiring serious legal responses. While
international treaties and national laws provide a solid foundation, enhanced
effectiveness necessitates interstate cooperation. By utilizing international
experience, Uzbekistan can take significant steps to improve legislation and
safeguard public security.
References:
1.
Brown J., “Transnational Crime and Pyrotechnics”, Law Review, 2020.
2.
United Nations, Convention against Transnational Organized Crime, 2000.
3.
United Nations Security Council, Resolution 1540, 2004.
4.
Brown J., “Illegal Trade of Explosives”, Crime Studies, 2019.
5.
U.S. Code, “Federal Explosives Law”, 18 U.S.C. § 842, 2021.
6.
European Union, Directive 2007/23/EC on Pyrotechnic Articles, 2007.
7.
Criminal Code of the Russian Federation, Article 222.1, 1996.
8.
Criminal Code of the Republic of Uzbekistan, Article 250¹, 1994.
9.
United Nations, Transnational Crime Report, 2020.
10.
National Fire Protection Association, Fireworks Injuries, 2022.
11.
INTERPOL, Operation Fireworks Report, 2019.
12.
Cabinet of Ministers of the Republic of Uzbekistan, Resolution No. 309,
2009.
