LIABILITY FOR CRIMES RELATED TO THE ILLEGAL CIRCULATION OF PYROTECHNIC PRODUCTS IN INTERNATIONAL CRIMINAL LAW

Аннотация

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, 156 МЕЖДУНАРОДНАЯ КОНФЕРЕНЦИЯ АКАДЕМИЧЕСКИХ НАУК 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. 157 МЕЖДУНАРОДНАЯ КОНФЕРЕНЦИЯ АКАДЕМИЧЕСКИХ НАУК Drawing from the U.S. and EU experiences, a specialized customs unit to combat pyrotechnic smuggling co