Execution of the “Dock Receipt Form” is not a violation of the right to property.
The Constitutional Court maintains the viewpoint that the stringent provisions of the international maritime transport legislation on cargo delivery are indispensable for ensuring orderly progress of maritime trade at a certain level of security.
In assessment of an individual application on “Alleged violation of right to property due to non-delivery of goods imported from abroad by the port authority”, the Constitutional Court ruled that the execution of “Dock Receipt Form” did not constitute a violation of the right to property (Application No: 2015/13851) on the grounds that,
“It is in the public interest that port operators are endowed with comprehensive powers to perform their duties and responsibilities, and to act in accordance with the instructions of the carriers they assist, to carry out strict document inspections and refuse to fulfill delivery requests of those who apply with incomplete documentaion,… strict document inspections conducted by the port operator, seeking availability of documents authenticating the carrier’s consent for delivery, and the international maritime transport legislation to contain inflexible provisions are essential for the course of maritime trade at a certain level of security, … these documents signed by the carriers to consent to delivery are valid and necessary documents for the delivery of cargo in national and international trade and transportation.”
