RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of February 27, 1996 No. 2

About court practice on cases on smuggling and violation of the customs legislation

Arms trafficking, ammunition, destructive devices, drugs and another prohibited to export or import of objects constitutes the increased danger to society and state. Economic stability is not promoted in the republic also by the facts of illicit movement through customs border of the Republic of Uzbekistan of goods and other values. With respect thereto, and also need of explanation of the questions which arose in court practice on cases on smuggling and violation of the customs legislation, the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Explain to courts that criminal liability for smuggling comes in case of illicit movement through customs border of the Republic of Uzbekistan of the objects specified in disposition of article 246 of the Criminal code irrespective of whether these objects moved to other CIS countries and not entering the CIS".

2. Criminal liability for violation of the customs legislation under article 182 of the Criminal code comes in case of illicit movement of goods or other values through customs border of the Republic of Uzbekistan only in cases when such goods and values moved in large size after application of measures of administrative punishment, and also in the presence of other qualifying signs specified in this Article. In other cases of illicit movement of goods or other values through customs border persons, guilty of it, are subject to the administrative responsibility according to article 227 of the Code about the administrative responsibility (violation of the customs legislation).

3. Explain that:

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