UDK: 347.12

Yuri Al. Tarasenko - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has presented the analysis of the legal mechanisms for identifying and certifying customs of the seaports in the Russian Federation. There has been studied the characteristics of legal customs of the seaports as enshrined in Article 5 of the Civil Code of the Russian Federation and the regulations of the Chamber of Commerce and Industry of the Russian Federation. Particular attention has been given to the specifics of the procedure for certifying customs of the seaports, including the constituent entities, the competence of various organizations, and inconsistencies in current regulations. There have been found significant discrepancies between the theoretical understanding of a custom as a source of law and practical approaches to its recording. There has been analyzed the conflicting nature of customs of the seaports recorded by different organizations in the same territory, as well as issues of proving the existence of customs in legal disputes. There have been proposed the ways to improve legislation and practice in identifying customs of the seaports, aimed at ensuring legal certainty and stability in maritime trade.

Keywords: a custom; source of law; seaports; certification of customs; Chamber of Commerce and Industry; port administration; proof of customs; conflict of customs; legal customs.

References:

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Tarasenko Yu.A. Some remarks on the rules for identifying customs of the seaports// Transport law and security. 2026; (1(57)):132―139.