Application of civil law institutions in customs practice

Abstract

The article deals with the issue never explored before in Russian legal research: the application of civil law provisions to the regulation of several types of relationships in customs practices. The issue is acute as with the changes in civil law it is necessary to find out whether we need to synchronize with this process the other branches, seemingly not related to civil law. Moreover, the article gives another case in point to the current process of mutual integration in different spheres and branches of law. The authors expand upon the concept of the complex and predominantly public nature of customs legislation and attempt to find out, what limits the civil law has when dealing with the customs regulations. Another interesting point is the interaction between customs and civil law when applied to relations between businesspersons and customs bodies and officials. The article analyzes particular features of representation, storage and warehousing, pledge and guarantee, insurance, when applied in customs practices and the regulation thereof in customs laws. The research uses comparative methods, showing similarities and differences in the approach of the relevant customs regulations in Russia, foreign countries and integrating units such as EU and EAEU. The authors conclude that customs laws and regulations constitute a perfect example of combined use of legal instruments related to different law branches and of different nature for the sake of efficiency of the influenced and regulated system.

Keywords:

customs and civil law, agency, customs representation, warehouse storing, customs costs securities, pledge, goods insurance