Inspection for control in the field of mining industry and geology under the Ministry of Mining Industry and Geology of the Republic of Uzbekistan

The court announced the final verdict regarding D. Eshmatov, the head of the "A’zamjon Dilaziz" private enterprise. It was established that the unauthorized extraction of sand and gravel mixtures outside the licensed area resulted in a very large amount of material damage to state interests.

Inspection Results: Over 20 Thousand Cubic Meters of Illegal Extraction

It was found that the "A’zamjon Dilaziz" private enterprise had been granted the relevant license and mining allotment act for the extraction of minerals at sections No. 1 and No. 2 of the "Kaqir-5" deposit. According to the documents, 4.6 hectares of land were allocated to the company.

However, during the period of 2021–2024, the head of the enterprise, D. Eshmatov, abused his official powers and went beyond the designated boundaries. Based on inspections and expert conclusions, the following figures were recorded:

• Illegally extracted volume: 20,520 cubic meters of sand and gravel mixture.

• Material damage caused: 359,100,000 UZS.

• Legal basis: Clause "a", Part 2 of Article 192-1 of the Criminal Code of the Republic of Uzbekistan (causing damage in a very large amount through abuse of official powers).

Court Proceedings and Defendant's Testimony

During the court hearing, the defendant fully pleaded guilty, stating that he had made a mistake in defining the boundaries. According to him, the areas where illegal mining took place were later refilled, and part of the damage caused was compensated.

Based on the testimony of representatives from the Inspectorate for Control in the Mining and Geology Sector and witnesses, it was revealed that although the volume of illegal mining initially appeared larger, subsequent re-examinations separated volumes extracted before obtaining the license. It was confirmed that exactly 20,520 cubic meters corresponded to the period of the enterprise's operations.

Measures Taken and Compensation for Material Damage

To compensate for the damage, the defendant D. Eshmatov deposited 77,560,000 UZS into the prosecutor's office deposit account. According to the court verdict, the distribution of these funds was determined as follows:

1. 20 percent (15,512,000 UZS) — to the Inspectorate for Control in the Mining and Geology Sector;

2. The remaining part (62,048,000 UZS) — to be transferred to the state budget.

The court found D. Eshmatov guilty under Clause "a", Part 2 of Article 192-1 of the Criminal Code of the Republic of Uzbekistan. However, considering that the act falls into the category of crimes that do not represent a great social danger and the two-year statute of limitations for prosecution had passed since the date of commission, no penalty was imposed on him.

This court case once again proved the importance of the control system in subsoil use. The ability to detect every cubic meter of illegal extraction through satellite imaging and on-site surveying measurements should serve as a warning to entrepreneurs.

The strengthening of control mechanisms serves not only to recover damages caused to the state budget but also to prevent the looting of natural resources. Ensuring legality is a key factor in creating a healthy competitive environment for honest entrepreneurs.

J. Bozorkhonov — Legal Counsel of the Inspectorate for Control in the Mining and Geology Sector