Turkish Law

Please login or register.

Login with username, password and session length
Advanced search  

News:

A section of Hukuki Net - Turkish Law site in English Language (Ingilizce Hukuk, Ingilizce Kanunlar, mevzuat ve ingilizce hukuk forumu)

  Show Posts - admin
* View Member Posts | View Member Topics | View Member Attachments
Pages: [1] 2 3 ... 8
1  Turkish law forums / TURKISH TECHNOLOGY and INTERNET LAW / Turkish Personal Data Protection Law No.6698 on: December 06, 2018, 10:26:37 PM
Turkish Personal Data Protection Law No.6698

Enacted on 24/3/2016
Published in the Official Gazette
Date: 7/4/2016
No: 29677


CHAPTER I
PURPOSE, SCOPE, AND DEFINITONS
Purpose
ARTICLE 1 – (1) The purpose of this Law is to protect the fundamental rights and freedoms of persons, privacy of personal life in particular, while personal data are processed, and to set forth obligations of natural and legal persons who process personal data and procedures and principles to comply with for the same.

Scope
ARTICLE 2 – (1) The provisions of this Law shall apply to natural persons whose personal data are processed and natural or legal persons who process such data wholly or partly by automatic means or otherwise than by automatic means which form part of a filing system.

Definitions
ARTICLE 3 – (1) In practice of this Law, the terms used herein shall have the following meanings:

a) Explicit Consent: Freely given specific and informed consent;

b) Anonymization: Rendering personal data by no means identified or identifiable with a natural person even by linking with other data;

c) President: President of the Board of Protection of Personal Data;

ç) Data subject : Natural person whose personal data are processed;

d) Personal Data: Any information relating to an identified or identifiable natural person;

e) Processing of personal data: Any operation which is performed upon personal data such as collection, recording, storage, preservation, alteration, adaptation, disclosure, transfer, retrieval, making available for collection, categorization or blocking its use by wholly or partly automatic means or otherwise than by automatic means which form part of a filing system;

f) Board: The Board of Protection of Personal Data;

g) Authority: The Authority of Protection of Personal Data;

ğ) Data processor: Natural or legal person who processes personal data based on the authority granted by and on behalf of the data controller;

h) Filing system : Any recording system through which personal data are processed by structuring according to specific criteria;

ı) Data controller: Natural or legal person who determines the purposes and means of the processing of personal data, and who is responsible for establishment and management of the filing system.

CHAPTER II
PROCESSING OF PERSONAL DATA
General Principles
ARTICLE 4 – (1) Personal data shall only be processed in accordance with the procedures and principles set forth by this Law or other laws.

(2) The below principles shall be complied with when processing personal data:

a) Being in conformity with the law and good faith;

b) Being accurate and if necessary, up to date;

c) Being processed for specified, explicit, and legitimate purposes;

ç) Being relevant, limited and proportionate to the purposes for which data are processed;

d) Being stored only for the time designated by relevant legislation or necessitated by the purpose for which data are collected.

Conditions for Processing of Personal Data
ARTICLE 5 – (1) Personal data shall not be processed without obtaining the explicit consent of the data subject.

(2) Personal data may be processed without obtaining the explicit consent of the data subject if one of the below conditions exists:

a) It is expressly permitted by any law;

b) It is necessary in order to protect the life or physical integrity of the data subject or another person where the data subject is physically or legally incapable of giving consent;

c) It is necessary to process the personal data of parties of a contract, provided that the processing is directly related to the execution or performance of the contract;

ç) It is necessary for compliance with a legal obligation which the controller is subject to;

d) The relevant information is revealed to the public by the data subject herself/himself;

e) It is necessary for the institution, usage, or protection of a right;

f) It is necessary for the legitimate interests of the data controller, provided that the fundamental rights and freedoms of the data subject are not harmed.

Conditions for Processing of Special Categories of Personal Data
ARTICLE 6 – (1) Data relating to race, ethnic origin, political opinions, philosophical beliefs, religion, sect or other beliefs, appearance and dressing, membership of association, foundation or trade-union, health, sexual life, criminal conviction and security measures, and biometrics and genetics are special categories of personal data.

(2) It is prohibited to process special categories of personal data without obtaining the explicit consent of the data subject.

(3) Personal data indicated in paragraph 1, other than personal data relating to health and sexual life, may be processed without obtaining the explicit consent of the data subject if processing is permitted by any law. Personal data relating to health and sexual life may only be processed without obtaining the explicit consent of the data subject for purposes of protection of public health, operation of preventive medicine, medical diagnosis, treatment, and care services, planning and management of health services and financing by persons under the obligation of secrecy or authorized institutions and organizations.

(4) It is additionally required to take the adequate measures designated by the Board when special categories of personal data are processed.

Deletion, Destruction, and Anonymization of Personal Data
ARTICLE 7 – (1) Personal data that is processed in accordance with this Law or relevant other laws shall be deleted, destroyed or anonymised either ex officio or upon request by the data subject in case the reasons necessitating their processing cease to exist.

(2) Provisions of other laws relating to deletion, destruction, and anonymization of personal data are reserved.

(3) Procedures and principles relating to deletion, destruction and anonymization of personal data shall be set forth by a regulation.

Transfer of Personal Data
ARTICLE 8 – (1) Personal data shall not be transferred without obtaining the explicit consent of the data subject.

(2) Personal data may be transferred without obtaining the explicit consent of the data subject if one of the conditions set forth under the following exists:

a) The second paragraph of article 5,

b) On the condition that adequate measures are taken, the third paragraph of article 6.

(3) Provisions of other laws relating to the transfer of personal data are reserved.

Transfer of Personal Data Abroad
ARTICLE 9 – (1) Personal data shall not be transferred abroad without obtaining the explicit consent of the data subject.

(2) Personal data may be transferred abroad without obtaining the explicit consent of the data subject if one of the conditions set forth in the second paragraph of article 5 or third paragraph of article 6 is present and

a) If the foreign country to whom personal data will be transferred has an adequate level of protection,

b) In case there is not an adequate level of protection, if the data controllers in Turkey and abroad commit, in writing, to provide an adequate level of protection and the permission of the Board exists.

(3) The countries where an adequate level of protection exist shall be declared by the Board.

(4) The Board shall decide whether there is adequate level of protection in a foreign country and whether approval will be granted in terms of indent (b) of the second paragraph by evaluating

a) The international agreements to which Turkey is a party,

b) Reciprocality regarding transfer of personal data between the country requesting personal data and Turkey,

c) With regard to each present transfer of personal data, nature of personal data and purpose of processing and retention,

ç) Relevant legislation and practice of the country to whom personal data will be transferred,

d) Measures committed by the data controller in the country to whom personal data will be transferred

and if it requires, by obtaining the opinion of relevant public institutions and organizations.

(5) Save for the provisions of international agreements, in cases where interests of Turkey or the data subject will be seriously harmed, personal data shall only be transferred abroad upon the approval of the Board by obtaining the opinion of relevant public institutions and organizations.

(6) Provisions of other laws relating to the transfer of personal data abroad are reserved.

CHAPTER III
RIGHTS AND OBLIGATIONS
Data Controller’s Obligation to Inform
ARTICLE 10 – (1) Data controller or the person it authorized is obligated to inform the data subjects while collecting the personal data with regard to

a) The identity of the data controller and if any, its representative,

b) The purposes for which personal data will be processed,

c) The persons to whom processed personal data might be transferred and the purposes for the same,

ç) The method and legal cause of collection of personal data,

d) The rights set forth under article 11.

Rights of Data Subject
ARTICLE 11 – (1) Everyone, in connection with herself/himself, has the right to;

a) Learn whether or not her/his personal data have been processed;

b) Request information as to processing if her/his data have been processed;

c) Learn the purpose of processing of the personal data and whether data are used in accordance with their purpose;

ç) Know the third parties in the country or abroad to whom personal data have been transferred;

d) Request rectification in case personal data are processed incompletely or inaccurately;

e) Request deletion or destruction of personal data within the framework of the conditions set forth under article 7;

f) Request notification of the operations made as per indents (d) and (e) to third parties to whom personal data have been transferred;

g) Object to occurrence of any result that is to her/his detriment by means of analysis of personal data exclusively through automated systems;

ğ) Request compensation for the damages in case the person incurs damages due to unlawful processing of personal data

by applying to the data controller.

Obligations Regarding Data Security
ARTICLE 12 – (1) Data controller shall take all necessary technical and organizational measures for providing an appropriate level of security in order to

a) Prevent unlawful processing of personal data,

b) Prevent unlawful access to personal data,

c) Safeguard personal data.

(2) In case personal data are processed on behalf of the data controller by another natural or legal person, the data controller shall be jointly liable with such persons with regard to taking the measures set forth in the first paragraph.

(3) The data controller is obligated to carry out or have carried out necessary inspections within his institution and organization in order to ensure implementation of the provisions of this Law.

(4) Data controller and persons who process data shall not disclose and misuse personal data they learned contrary to the provisions of this Law. This obligation shall continue after leaving office.

(5) In case processed personal data are acquired by others through unlawful means, the data controller shall notify the data subject and the Board of such situation as soon as possible. The Board, if necessary, may declare such situation on its website or by other means which it deems appropriate.

CHAPTER IV
APPLICATION, COMPLAINT, DATA CONTROLLERS' REGISTRY
Application to Data Controller
ARTICLE 13 – (1) The data subject shall convey her/his requests relating to the enforcement of this Law to the data controller in writing or by other means designated by the Board.

(2) The data controller shall conclude the requests included in the application free of charge and as soon as possible considering the nature of the request and within 30 days at the latest. However, in case the operation necessitates a separate cost, the fee in the tariff designated by the Board may be collected.

(3) The data controller shall accept the request or reject it by explaining the reason and notify the data subject of its reply in writing or electronically. In case the request included in the application is accepted, it shall be fulfilled by the data controller accordingly. In case the request is resulted from the fault of the data controller, the collected fee shall be returned to the data subject.

Complaint to the Board
ARTICLE 14 – (1) In case the application is rejected, replied insufficiently, or not replied in due time; the data subject may file a complaint with the Board within 30 days following the date he/she learns the reply of the data controller and in any event, within 60 days following the date of application.

(2) Complaint remedy cannot be applied to without exhausting the application remedy set forth under article 13.

(3) Compensation rights of the ones whose personal rights are violated are reserved.

Procedures and Principles of Inspection Ex Officio or upon Complaint
ARTICLE 15 – (1) The Board shall conduct necessary inspection within the scope of its remit either ex officio in case it learns the allegation of a violation or upon complaint.

(2) Notices and complaints which do not meet the conditions set forth under the 6th article of The Law on the Exercise of the Right to Petition numbered 3071 and dated 1/11/1984 shall not be inspected.

(3) Except for the information and documents that constitute state secrets; data controller shall submit the information and documents requested by the Board related to its subject of inspection in 15 days and if necessary, provide for examining on-site.

(4) Upon complaint, the Board inspects the request and replies to those concerned. If not replied within sixty days following the date of the complaint, the request shall be deemed to be rejected.

(5) As a result of the inspection conducted either ex officio or upon complaint, in case it is understood that a violation exists, the Board decides that the illegalities it identified shall be eliminated by the data controller and serves it to those concerned. This decision shall be fulfilled accordingly without delay and within 30 days at the latest as from the notice.

(6) As a result of the inspection conducted either ex officio or upon complaint, in case it is determined that the violation is prevalent, the Board shall adopt a resolution and publish it. The Board, if necessary before adopting the resolution, may obtain the opinion of relevant public institutions and organizations.

(7) In case serious or irreparable losses occur and illegality clearly exists, the Board may decide processing of data or transfer of data abroad to be ceased.

Data Controllers' Registry
ARTICLE 16 – (1) Under the supervision of the Board, Data Controllers Registry shall be kept by the Presidency in a publicly available manner.

(2) Natural or legal persons who process personal data shall register with the Data Controllers Registry prior to commencing processing. However, considering objective criteria that shall be designated by the Board such as the characteristics and the number of data to be processed, whether or not data processing is based on any law, or whether data will be transferred to third parties, the Board may set forth exemptions to the obligation to register with the Data Controllers Registry.

(3) Registry application to the Data Controllers Registry shall be made with a notification including the following matters:

a) Identity and address information of the data controller and of the representative thereof, if any.

b) The purposes for which personal data will be processed.

c) The group or groups of persons subject to the data and explanations regarding data categories belonging to these persons.

ç) Recipient or groups of recipients to whom personal data may be transferred.

d) Personal data which is envisaged to be transferred abroad.

e) Measures taken for the security of personal data.

f) The maximum period of time necessitated by the purposes for which personal data are processed.

(4) Changes to the information provided as per the third paragraph shall be immediately reported to the Board.

(5) Other procedures and principles relating to the Data Controllers Registry shall be regulated by a regulation.

CHAPTER V
CRIMES AND MISDEMEANOURS
Crimes
ARTICLE 17 – (1) With respect to crimes relating to personal data, provisions of articles 135 to 140 of Turkish Criminal Code dated 26/9/2004 and numbered 5237 shall apply.

(2) Ones who do not delete or anonymise personal data contrary to article 7 of this Law shall be punished in accordance with article 138 of the Law numbered 5237.

Misdemeanours
ARTICLE 18 – (1) To the ones who do not fulfil

a) Obligation to inform stipulated in article 10 of this Law, an administrative fine of 5.000 Turkish liras to 100.000 Turkish liras;

b) Obligations regarding data security stipulated in article 12 of this Law, an administrative fine of 15.000 Turkish liras to 1.000.000 Turkish liras;

c) Decisions of the Board as per article 15 of this Law, an administrative fine of 25.000 Turkish liras to 1.000.000 Turkish liras;

ç) Obligation to register with the Data Controllers Registry and notification stipulated by article 16 of this Law, an administrative fine of 20.000 Turkish liras to 1.000.000 Turkish liras

shall be imposed.

(2) Administrative fines envisaged by this article shall apply to natural persons and private law legal persons who are data controllers.

(3) In case the acts listed in the first paragraph are conducted within public institutions and organizations or professional organisations with public institution status, upon notification of the Board, disciplinary action shall be taken with regard to the officers and other public officials who serve under the relevant public institution or organization and the ones who serve under the professional organisations with public institution status, and the result shall be reported to the Board.

CHAPTER VI1
PERSONAL DATA PROTECTION AUTHORITY AND ORGANISATION
Personal Data Protection Authority
ARTICLE 19 – (1) Personal Data Protection Authority which has administrative and financial autonomy and public legal personality has been established in order to perform the duties stipulated by this Law.

(2) The Authority is affiliated with the Prime Minister's Office.

(3) The headquarters of the Authority is in Ankara.

(4) The Authority is comprised of the Board and the Presidency. The Board serves as the decision-making body of the Authority.

Duties of the Authority
ARTICLE 20- (1) The duties of the Authority are as follows:

a) Following the practices and the developments in the legislation, giving evaluations and recommendations, carrying out researches and inspections or having them carried out in this regard, according to its scope of authority.

b) Cooperating with public institutions and organizations, nongovernmental organizations, professional organizations or universities, when necessary, regarding the issues which fall within the scope of its authority.

c) Following and evaluating the international developments concerning personal data, cooperating with international organizations on the matters which fall within the scope of its authority, attending the meetings.

ç) Presenting the annual activity report to the Presidency, the Committee on Human Rights Inquiry of the Grand National Assembly of Turkey and to the Prime Minister's Office.

d) Performing the other duties assigned by laws.

Personal Data Protection Board
ARTICLE 21 - (1) The Board shall independently perform and use its duties and powers provided in this Law and the other laws under its own responsibility. No body, authority, institution or person can give orders or instructions, recommendations or suggestions on the matters which fall within the scope of its authority.

(2) The Board shall be comprised of nine members. Five members of the Board shall be elected by the Grand National Assembly of Turkey, two members by the Presidency and two members by the Council of Ministers.

(3) The following conditions shall be required for the membership of this Board:

a) Having knowledge and experience on the matters which fall within the scope of authority of the Board,

b) Having the qualifications stipulated in the subclauses (1), (4), (5), (6) and (7) of the subparagraph (a) under the first paragraph of Article 48 in the Law No. 657 dated  14/7/1965 on Civil Servants,

c) Not being the member of any political party,

ç) Having received at least four-year higher education at the level of bachelor degree,

d) Having served for at least ten years in total in public institutions and organizations, international organizations, nongovernmental organizations or professional organizations with public institution status or in private sector.

(4) Those who will be elected as the member of the Board shall be asked to give consent. Attention shall be attached to the pluralist representation of those who have knowledge and experience on the matters which fall within the scope of authority of the Board.

(5) The Grand National Assembly of Turkey shall follow the procedure below while electing members to the Board:

a) Twice the number of members to be designated in proportion to that of the political party groups shall be nominated for the election and the members of the Board shall be elected among these candidates, by the Plenary of the Grand National Assembly of Turkey, based on the number of members per political party group. However, no deliberation can be held or no decision can be taken in the political party groups regarding who will be voted for in the elections to be held in the Grand National Assembly of Turkey.

b) The members of the Board shall be elected within ten days following the designation and announcement of candidates. A split ticket shall be prepared as separate lists for the candidates nominated by the political party groups. The special place allocated for the names of the candidates shall be marked for voting. The votes casted more than the number of members to be elected to the Board from the quota of the political party groups set under the second paragraph shall be deemed invalid.

c) Candidates who receive the most votes in the election shall be selected based on the number of vacant positions provided that a quorum exists.

ç) In case of vacancy in the membership for any reason two months before the end of office of the members, new members shall be elected under the same procedure within one month following the date on which the position falls vacant or, if the Grand National Assembly of Turkey is at recess, following the end of the recess. In these elections, the number of the members designated from the quota of the political party groups in the first election and the current proportion of the political party groups shall be taken into account in the distribution of the vacant membership to the political party groups.

(6) In cases where the office of one of the members elected by the President or the Council of Ministers ends forty-five days earlier or the office ends for any reason, it shall be notified by the Authority to the Prime Minister's Office within fifteen days, for its submittal to the President's Office or the Council of Ministers. New members shall be elected one month before the end of office of current members. In cases where the position falls vacant before the end of office within the scope of these memberships, the elections shall be held within fifteen days following the notification.

(7) The Board shall elect the President and the Second President among its members. The President of the Board is also the president of the Authority.

(8) The term of office of the members of the Board is four years. The member whose term ends can be re-elected. The person who replaces a member whose term of office ends for any reason without fulfilling his/her office shall complete the rest of the term.

(9) The selected members shall swear the following oath before the First Presidency of the Court of Cassation: "I swear on my honour and dignity that I will perform my duty in accordance with the Constitution and the laws and within the understanding of full impartiality, honesty, fairness and justice.” The application for oath to the Court of Cassation is deemed among prompt actions.

(10) The members of the Board cannot assume any official or private duty apart from the performance of the official duties in the Board as long as it is not prescribed in a special law; nor can they manage an association, foundation, cooperative or similar entities, engage in trade, conduct independent business activities or serve as arbitrator or expert. However, the members of the Board can make scientific publications, give lectures and conferences in a way that will not hinder their fundamental duties and can be paid for the lectures and conferences within the scope of the copyrights arising from them.

(11) The investigations regarding the crimes which are allegedly committed by the members because of their duties shall be conducted in accordance with the Law No. 4483 dated 2/12/1999 on the Trial of State Employees and Other Civil Servants and the permission for these investigations shall be granted by the Prime Minister.

(12) The provisions of the Law No. 657 shall apply in the disciplinary investigation and prosecution to be conducted with respect to the members of the Board.

(13) The office of the members of the Board cannot be terminated without expiry of the mentioned term of office. The membership of the Board members shall be terminated upon the decision of the Board in cases where;

a) it is later understood that they do not fulfil the necessary requirements for election,

b) the verdict of conviction is finalized for the crimes they have committed because of their duties,

c) it is definitely confirmed through a medical board report that they cannot perform their duties,

ç) it is verified that they have not continued to serve successively for fifteen days without permission and excuse or for thirty days in total in one year,

d) it is verified that they have not attended the Board meetings three times in one month without permission or excuse or ten times in total in one year.

(14) Those who are elected as the members of the Board shall be discharged from their previous positions in the Board. Those who are elected as members while serving as state officials shall be appointed to an appropriate cadre by the competent authority within one month in cases where their term of office ends or they apply to the previous institution within thirty days provided that they do not lose the requirements to serve as state officials. The Board shall continue to make any kind of payment that these persons receive until they are appointed. For those who are elected as members while they have not served in a public institution and whose office ends as prescribed above, the Board shall continue to make any kind of payment they receive until they start to serve in any other duty or job and the payment that the Board will make to those whose membership ends as such cannot be provided for more than three months. The term of office of these persons in the Authority shall be deemed to have been served in the previous institutions or organizations in terms of the personal and other rights entitled to them.

Duties and powers of the Board
ARTICLE 22- (1) The duties and powers of the Board are as follows:

a) Ensuring that personal data are processed in accordance with the fundamental rights and freedoms.

b) Taking a final decision with respect to the complaints that the rights relating to personal data are violated.

c) Reviewing whether personal data are processed in accordance with the laws upon a complaint or ex officio when it is notified of the allegation of violation, regarding the issues which fall within its remit, and taking interim measures in this regard when necessary.

ç) Determining the adequate measures required for the processing of special categories of personal data.

d) Ensuring that the Register of Controllers is kept.

e) Carrying out the necessary regulatory actions in the issues relating to the remit of the Board and the functioning of the Authority.

f) Carrying out the regulatory actions in order to set out the liabilities relating to data security.

g) Carrying out the regulatory actions relating to the duties, powers and responsibilities of the controller and his representative.

ğ) Deciding on the administrative sanctions prescribed by this Law.

h) Expressing opinions on the draft legislation which is prepared by the other institutions and organizations and includes the provisions relating to personal data.

ı) Taking a final decision on the strategic plan, determining the objectives and goals, the service quality standards and the performance criteria.

i) Holding meetings and taking a final decision on the budget proposal prepared in accordance with the strategic plan of the Authority and its objectives and goals.

j) Approving and publishing the draft reports prepared with respect to the performance, financial standing, annual activities of the institution and to necessary matters.

k) Discussing and giving a final decision on the proposals regarding the purchase, sales and renting of immovables.

l) Performing the other duties assigned by law.

Rules of procedures of the Board
ARTICLE 23 - (1) The President shall set the meeting dates and agenda of the Board. The President can summon the Board for an extraordinary meeting in necessary cases.

(2) The Board shall convene with at least six members including the President and shall take decisions by absolute majority of the total number of members. The members of the Board cannot abstain from voting.

(3) The Board members cannot attend the meetings or voting regarding the matters which concern themselves, their third degree blood relatives and second degree relatives by marriage, their adopted children and their spouses even though the bonds of matrimony between them does not exist any longer.

(4) The Board members cannot impart any secret that they learn with respect to the concerning persons and third persons during their works to anyone other than lawfully competent authorities or use it in favour of themselves.

(5) Minutes shall be written regarding the issues deliberated in the Board. Decisions and, if any, justification of dissenting votes shall be written within fifteen days at the latest following the date of decision. The Board shall announce the decisions to the public if it deems necessary.

(6) The deliberations in the Board meetings shall be kept confidential unless decided otherwise.

(7) The working procedures and principles of the Board, the writing of decisions and other issues shall be regulated under a by-law.

President
ARTICLE 24 - (1) The President shall be the highest official in the Authority in his/her capacity as the President of the Board and Authority and shall arrange, carry out the services of the Authority in accordance with the legislation, the objectives and policies of the Authority, its strategic plan, performance criteria and service quality standards and shall ensure coordination between the service units.

(2) The President shall be responsible for the general management and representation of the Authority. This responsibility shall cover the duties and powers of organizing, carrying out, inspecting, evaluating the works of the Authority and announcing them to the public when necessary.

(3) The duties of the President are as follows:

a) Acting as chairperson in the Board meetings.

b) Ensuring that the Board decisions are notified and some decisions are announced to the public if deemed necessary by the Board and following their implementation.

c) Appointing the Deputy President, heads of departments and the personnel of the Authority.

ç) Giving a final form to the proposals coming from the service units and presenting them to the Board.

d) Ensuring that the strategic plan is implemented, creating the human resources and operation policies.

e) Preparing the annual budget and financial statement of the Authority in accordance with the strategies, annual objectives and goals.

f) Ensuring coordination so that the Board and the service units work conformably, efficiently and in a disciplined and orderly manner.

g) Maintaining the relations of the Authority with the other organizations.

ğ) Determining the duties and scope of authority of the competent personnel who are entitled to sign on behalf of the President of the Authority.

h) Performing the other duties related to the management and functioning of the Authority.

(4) The Second President shall act for the President in the absence of the President of the Authority.

Establishment and duties of the Presidency
ARTICLE 25 - (1) The Presidency shall be composed of Deputy President and service units. The Presidency shall perform the duties enumerated under the fourth paragraph through the service units organized as departments. The number of departments cannot be more than seven.

(2) A Deputy President shall  be appointed to assist the President in his duties under the Authority.

(3) The Deputy President and heads of departments shall be appointed by the President, among the persons who are graduates from at least a four-year higher education institution and who have carried out public service for ten years.

(4) The duties of the Presidency are as follows:

a) Keeping the Register of Controllers.

b) Carrying out the bureau and secretariat actions of the Authority and the Board.

c) Representing the Authority by means of lawyers in the cases which the Authority is party to and in execution proceedings, following the cases or having them followed and conducting legal services.

ç) Carrying out the personnel affairs of the Board members and those who serve in the Authority.

d) Performing the duties assigned by law to the departments of financial services and strategy development.

e) Ensuring that an information system is installed and used in order to conduct the affairs and actions of the Authority.

f) Preparing and presenting the draft reports regarding the annual activities of the Board and the necessary matters.

g) Preparing the draft strategic plan of the Authority.

ğ) Setting out the personnel policy of the Authority, preparing and implementing the career and training plans of the personnel.

h) Carrying out the appointments, transfers, disciplinary actions, performances, promotions, retirements and similar actions of the personnel.

ı) Setting out the ethical rules to be followed by the personnel and providing necessary training.

i) Carrying out any kind of services such as purchase, sales, renting, maintenance, repairing, construction, archive, health as well as social services and similar services necessitated by the Authority under the Public Financial Management and Control Law No. 5018 dated 10/12/2003.

j) Keeping records of the movables and immovables of the Authority.

k) Performing the other duties assigned by the Board or the President.

(5) The service units and the working procedures and principles of these units shall be regulated by the by-law enacted by the decision of the Council of Ministers upon the proposal of the Authority, in accordance with the scope of authority, duties and powers of the service units stipulated under this Law.

Specialists and assistant specialists on Personal Data Protection
ARTICLE 26 - (1) Specialists on Personal Data Protection and Assistant Specialists on Personal Data Protection can be employed in the Authority. The degrees of those who are appointed as Specialists on Personal Data Protection within the framework of the additional article 41 of the Law No. 657 shall be increased for one time only.

Provisions relating to the personnel and their personal rights
ARTICLE 27 - (1) The personnel of the Authority shall be subjected to the Law No. 657, apart from the issues regulated by this Law.

(2) The payments shall be made to the president and members of the Board and the personnel of the Authority in the same procedure and principles as the payments made to the exemplified personnel within the scope of the financial and social rights, under the additional article 11 of the Decree Law No. 375 dated 27/6/1989. Those who are not subjected to taxes or another legal deduction from the payments made to the exemplified personnel shall not be subjected to any tax or deduction under this Law.

(3) The president and members of the Board and the personnel of the Authority shall be subjected to the provisions of the subparagraph (c) under the first paragraph of Article 4 of the Law No. 5510 dated 31/5/2006 on Social Security and General Health Insurance. The president and members of the Board and the personnel of the Authority shall be deemed equal to the exemplified personnel in terms of pension rights. The term of office of those whose office expires or those who

request for resignation among those who are appointed as president and members of the Board while they are covered by an insurance policy within the scope of the subparagraph (c) under the first paragraph of Article 4 of the Law No. 5510 shall be taken into account while determining the salaries, degrees and levels as their vested rights. The term of office of those who fall within the scope of the provisional article 4 of the Law No. 5510 during such office shall be evaluated as the period during which the executive compensation and representative compensation should be paid. For those who are appointed as the President and members of the Board while they are insured in the public institutions and organizations, within the scope of the subparagraph (a) of the first paragraph under Article 4 of the Law No. 5510, their discharge from the previous institutions and organizations shall not require any seniority or termination indemnity. The term of office of those who are in this situation for which seniority or termination indemnity should be paid shall be combined with their term of office in the past as the President and member of the Board and this total term shall be considered for the payment of gratuity.

(4) The civil servants and other state officials serving in public agencies under the central administration, social security institutions, local administrations, the agencies under local administrations, local administrative units, institutions with the circulating capital, funds established by law, organizations with public legal personality, organizations with over half the capital which belongs to the public, public economic enterprises and public economic organizations and the partnerships and entities affiliated with them can be temporarily assigned in the Authority provided that their institution pay the salary, allowance, any kind of salary increase and indemnity as well as other financial and social rights and assistance with the consent of the mentioned  institutions. The requests of the Authority on this matter shall be finalized primarily by the relevant institutions and organizations. The personnel who are assigned as such shall be deemed to be on paid leave from their institutions. The civil service, relevance and rights of this personnel shall continue as long as they are on leave and this term shall be taken into account in their promotion and retirement process. Their promotion shall be conducted in time, without necessitating any other action. The term of service of those who are assigned under this article shall be deemed to have served in their own institutions. Those who are assigned as such cannot exceed 10% of the total cadre number of Specialists and Assistant Specialists on Personal Data Protection and the assignment cannot exceed two years. However, this term may be extended for a period of one year if necessary.

(5) The titles and numbers of the personnel to be employed in the Authority are shown on Table (I). Titles or degrees shall be changed, new titles shall be added and vacant positions shall be cancelled upon the decision of the Board, provided that it is limited to the titles listed on the tables annexed to the Decree Law No. 190 dated 13/12/1983 on General Cadre and Procedure, not exceeding the total number of personnel.

CHAPTER VII
MISCELLANEOUS PROVISIONS
Exceptions
ARTICLE 28 – (1) Provisions of this Law shall not be applied in the following cases:

a) Processing of personal data by natural persons in the course of a purely personal or household activity, provided that obligations relating to data security are complied with and data are not transferred to third parties.

b) Processing of personal data for the purposes of official statistics and, through anonymization, research, planning, statistics and similar.

c) Processing of personal data for the purposes of art, history, and literature or science, or within the scope of freedom of expression, provided that national defence, national security, public safety, public order, economic safety, privacy of personal life or personal rights are not violated.

ç) Processing of personal data within the scope of preventive, protective and intelligence-related activities by public institutions and organizations who are assigned and authorized for providing national defence, national security, public safety, public order or economic safety.

d) Processing of personal data by judicial authorities and execution agencies with regard to investigation, prosecution, adjudication or execution procedures.

(2) On the condition of being relevant and proportionate to the purpose and general principles of this Law, article 10 which regulates the obligation of the data controller to inform; except for right to request compensation, article 11 which regulates the rights of the data subject; and article 16 which regulates the obligation to register with the Data Controllers Registry shall not apply in the following cases:

a) Processing of personal data is necessary for prevention of crime or investigation of a crime.

b) Processing of personal data revealed to the public by the data subject herself/himself.

c) Processing of personal data is necessary, deriving from the performance of supervision or regulatory duties, or disciplinary investigation or prosecution by assigned and authorized public institutions and organizations and professional organizations with public institution status.

ç) Processing of personal data is necessary for the protection of economic and financial interests of the state related to budget, tax, and financial matters.

Kurumun bütçesi ve gelirleri
Madde 29 - (1) Kurumun bütçesi, 5018 sayılı Kanunda belirlenen usul ve esaslara göre hazırlanır ve kabul edilir.

(2) Kurumun gelirleri şunlardır:

a) Genel bütçeden yapılacak hazine yardımları.

b) Kuruma ait taşınır ve taşınmazlardan elde edilen gelirler.

c) Alınan bağış ve yardımlar.

ç) Gelirlerinin değerlendirilmesinden elde edilen gelirler.

d) Diğer gelirler.

Değiştirilen ve eklenen hükümler
Madde 30 - (1) (10/12/2003 tarihli ve 5018 sayılı Kanun ile ilgili olup yerine işlenmiştir.)

(2) ila (5) - (26/9/2004 tarihli ve 5237 sayılı Kanun ile ilgili olup yerine işlenmiştir.)

(6) (7/5/1987 tarihli ve 3359 sayılı Sağlık Hizmetleri Temel Kanunu ile ilgili olup yerine işlenmiştir.)

(7) (11/10/2011 tarihli ve 663 sayılı Sağlık Bakanlığı ve Bağlı Kuruluşlarının Teşkilat ve Görevleri Hakkında Kanun Hükmünde Kararname ile ilgili olup yerine işlenmiştir.)

Regulation
ARTICLE 31 – (1) Regulations related to the application of this Law shall be brought into force by the Authority.

Transitional Provisions
TEMPORARY ARTICLE 1 – (1) Within six months following publication of this Law, the members of the Board shall be elected in accordance with the procedure set forth under article 21 and the Presidency organisation shall be constituted.

(2) Data controllers are obligated to register with the Data Controllers Registry within the term designated and announced by the Board.

(3) Personal data that is processed before the date of publication of this Law shall be rendered compliant within two years following the date of publication of this Law. Personal data that is determined to be contrary to the provisions of this Law shall be immediately deleted, destroyed, or anonymised. However, the consents that are lawfully obtained before the date of publication of this Law shall be deemed lawful in terms of this Law8 , provided that no declaration of intention to the contrary is made within one year.

(4) The regulations prescribed in this Law shall be brought into force within one year following the date of publication of this Law.

(5) A senior executive who is to provide coordination of the application of this Law in public institutions and organizations shall be determined and reported to the Presidency within one year following the date of publication of this Law.

(6) The first elected President, second President and two members who are to be determined by draw shall serve for six years, and other five members for four years.

(7) Until a budget is allocated to the Authority;

a) Expenses of the Authority shall be disbursed from the budget of Prime ministry.

b) All supplemental services necessary for the Authority to provide its services such as building, vehicle, equipment, furnishings, and hardware shall be provided by the Prime ministry.

(8) Until the service units of the Authority enter into service, secretariat services shall be provided by the Prime ministry.

Effectiveness
ARTICLE 32 – (1) This Law’s

a) 8th, 9th, 11th, 13th, 14th, 15th, 16th, 17th, 18th articles shall enter into force after six months following the date of publication,

b) Other articles shall enter into force on the date of publication.

Enforcement
ARTICLE 33 – (1) Provisions of this Law shall be enforced by the Council of Ministers.
2  Turkish law forums / TURKISH IMMIGRATION LAW / Law on Foreigners and International Protection No: 6458 on: December 06, 2018, 10:12:01 PM
LAW ON FOREIGNERS AND INTERNATIONAL PROTECTION
Law No : 6458
Acceptance Date : 4/4/2013
Official Journal Published : Date: 11/4/2013 Issue : 28615
Principle Published : Issue : 5 Volume : 53
(GAYRİ RESMİ İNGİLİZCE ÇEVİRİSİ)
PART ONE
PURPOSE, SCOPE, DEFINITIONS AND NON-REFOULEMET
SECTION ONE
Purpose, Scope and Definitions
Purpose
ARTICLE 1 –
(1) The purpose of this Law is to regulate the principles and procedures with regard to foreigners’
entry into, stay in and exit from Turkey, and the scope and implementation of the protection to be
provided for foreigners who seek protection from Turkey, and the establishment, duties, mandate
and responsibilities of the Directorate General of Migration Management under the Ministry of
Interior.
Scope
ARTICLE 2 –
(1) The provisions of this Law apply to the activities and actions related to foreigners; the
international protection to be extended in cases of individual protection claims of foreigners at
borders, the border gates or within Turkey; the immediate temporary protection to be provided to
foreigners in cases when there is a large influx into Turkey and where they cannot return back to
the country they were forced to leave; and, the structure, duties, mandate and responsibilities of
the Directorate General of Migration Management.
(2) This Law shall be implemented without prejudice to provisions of international agreements
to which Turkey is party to and specific laws.
Definitions
ARTICLE 3 –
(1)In implementation of this Law, the following definitions shall apply:
2
a) Family members: the spouse, the minor child and the dependent adult child of the applicant or the
beneficiary of international protection;
b) European Countries: Member States of the Council of Europe as well as other countries to be
determined by the Council of Ministers;
c) Minister: the Minister of Interior;
ç) Ministry: the Ministry of Interior;
d) Applicant: a person who made an international protection claim and a final decision regarding
whose application is pending;
e) Child: a person who is under the age of 18 and has not yet attained majority;
f) Sponsor: a Turkish citizen or a foreigner legally staying in Turkey who undertakes the expenses
of foreigners who would come to Turkey for the purpose of family reunification and who is
referenced as the supporter in the application by the residence permit applicant;
g) Director General: the Director General of Migration Management;
ğ) Directorate General: the Directorate General of Migration Management;
h) Entry and exit controls: the controls carried out at border gates;
ı) Migration: regular migration whereby foreigners’ legally enter into, stay in or exit from Turkey
as well as irregular migration whereby foreigners enter into, stay in or exit from Turkey through
illegal channels and work in Turkey without a permit; as well as international protection;
i) Residential address: the domicile recorded in Turkey in the address based registration system;
j) Residence permit: the permit issued for the purpose of staying in Turkey;
k) Consulate: the consulate generals, consulates or the embassy consular offices of the Republic of
Turkey;
l) Person with special need: out of those applicants and international protection beneficiaries, an
unaccompanied minor; a disabled person; an elderly person; a pregnant woman; a single mother or
a single father with an accompanying child; or a person who has been subjected to torture, rape or
other serious psychological, physical or sexual violence;1
m) Unaccompanied minor: a child who arrives at Turkey without the attendance of an adult who by
law or custom is responsible for him/her or, is left unaccompanied after entry into Turkey, unless
he/she is not taken under the active care of a person responsible for him/her;
n) Travel document: a document substituting a passport;
o) Border gates: the border crossing points designated by a Council of Ministers Decree for entry
into and exit from Turkey;
ö) Final decision: with regard to decisions concerning the claim of an applicant or the status of an
international protection beneficiary; the decision of the Directorate General, where administrative
review request or an appeal before the judiciary has not been made; or in case of an appeal, judicial
decision which can no longer be appealed;
p) Convention: the Convention Relating to the Status of Refugees of 28 July 1951, as amended by
the 1967 Protocol Relating to the Status of Refugees;
r) International protection: the status granted for refugee, conditional refugee, and subsidiary

1 With the 1st Article of the Law No. 6462 dated 25/4/2013, the expression of “afflicted person” was
changed to “disabled person” in this article.
3
protection;
s) Country of citizenship: the country of which the foreigner holds the citizenship or, in case of more
than one citizenship, each of the countries of which the foreigner is a citizen;
ş) Stateless person: a person who does not hold the citizenship of any state and who is considered
as foreigner;
t) Visa: a permission that entitles stay up to a maximum of ninety days in Turkey or to transit through
Turkey;
u) Visa exemption: the regulation waiving the visa requirement;
ü) Foreigner: a person who does not have citizenship bond with the Republic of Turkey;
v) Foreigner identification number: the identification number issued to foreigners pursuant to
Population Services Law № 5490 of 25/04/2006.
y) (Annex: 28/7/2016-6735/27 article) Authorized intermediary: An institution or organization, the
qualifications and mission frame of which are determined by regulation and which is authorized by the
Directorate General.
SECTION TWO
Non-refoulement
Non-refoulement
ARTICLE 4 –
(1) No one within the scope of this of this Law shall be returned to a place where he or she may be
subjected to torture, inhuman or degrading punishment or treatment or, where his/her life or
freedom would be threatened on account of his/her race, religion, nationality, membership of a
particular social group or political opinion.
PART TWO
FOREIGNERS
SECTION ONE
Entry into Turkey and Visas
Entry into and exit from Turkey
ARTICLE 5 –
(1) Entry into and exit from Turkey shall be through the border gates with a valid passport or travel
document.
Document checks
ARTICLE 6 –
(1) Foreigners should submit their passport or, travel document or documents to the officials at the
4
time of entry into and exit from Turkey.
(2) Document checks regarding border crossings can also be carried out on vehicles while they are
on route.
(3) Foreigners using transit areas at airports may be subject to [document] checks by the competent
authorities.
(4) At the time of entry into Turkey, checks shall be carried out to determine whether or not the
foreigner falls within the scope of Article 7.
(5) In the implementation of this article, persons regarding whom a comprehensive check is required
may only be held for a maximum of four hours. Within this period, the foreigner may either return
to his country at any time or may wait for the completion of the actions for admission into the
country, not limited with the four-hour period. The principles and procedures governing
comprehensive control actions shall be stipulated in a Directive.
Foreigners who shall be refused to enter into Turkey
ARTICLE 7 –
(1) Foreigners who shall be refused to enter into Turkey are those:
a) who do not hold a passport, a travel document, a visa or, a residence or a work permit or, such
documents or permits has been obtained deceptively or, such documents or permits are false;
b) whose passport or travel document expires sixty days prior to the expiry date of the visa, visa
exemption or the residence permit;
c) without prejudice to paragraph two of Article 15, foreigners listed in paragraph one of Article 15
even if they are exempted from a visa.
(2) Actions in connection with this Article shall be notified to foreigners who are refused entry. This
notification shall also include information on how foreigners would effectively exercise their right
of appeal against the decision as well as other legal rights and obligations applicable in the
process.
Implementation regarding international protection claims
ARTICLE 8 –
(1) The conditions stipulated in Articles 5, 6 and 7 shall not be construed and implemented to prevent
the international protection claim.
Entry ban to Turkey
ARTICLE 9 –
(1) The Directorate General, when necessary and upon consultation with the relevant government
departments and institutions, may impose an entry ban against foreigners whose entry into Turkey
is objectionable for public order, public security or public health reasons.
(2) The Directorate General or governorates shall impose an entry ban for foreigners who are
deported from Turkey.
(3) The entry ban to Turkey shall not exceed five years. However, in cases where there is a serious
public order or public security threat, this period may be extended for a maximum of an additional
ten years by the Directorate General.
(4) The entry ban to Turkey for foreigners whose visa or residence permit has expired and who has
5
applied to the governorates to exit from Turkey before their situation is established by the
competent authorities upon which a removal decision has been taken, shall not exceed one year.
(5) Among those who have been invited to leave Turkey pursuant to Article 56, an entry ban might
not be imposed for those who leave the country within the specified period of time.
(6) The Directorate General may revoke an entry ban or, allow the foreigner to enter into Turkey for
a given period of time, without prejudice to the entry ban.
(7) For reasons of public order or public security, the Directorate General may introduce advance
clearance conditions for the admission of certain foreigners’ to Turkey.
Notification of the entry ban to Turkey
ARTICLE 10 –
(1) The entry ban shall be notified to foreigners who are within the scope of paragraph one of Article
9 by the competent authority at the border gate when they arrive to enter into Turkey, whereas,
foreigners who are within the scope of paragraph two of Article 9 shall be notified by the
governorates. The notification shall also include information on how foreigners would effectively
exercise their right of appeal against the decision as well as other legal rights and obligations
applicable in the process.
Visa requirement, visa applications and competent authorities
ARTICLE 11 –
(1) Foreigners wishing to stay in Turkey for up to ninety days shall obtain a visa that indicates the
purpose of their visit from the consulates of the Republic of Turkey in their country of citizenship
or legal stay. The period of stay in Turkey provided by the visa or visa exemption cannot exceed
ninety days within a period of one hundred and eighty days.
(2) In order for visa applications to be assessed, it is required to lodge the applications in compliance
with the procedure.
(3) Visas shall not confer an absolute right of entry.
(4) Visas shall be issued by the consulates and, in exceptional cases by the governorates in charge of
the respective border gates. [The assessment of] applications lodged with consulates shall be
determined within ninety days.
(5) Visas for diplomats of foreign countries may be issued ex officio to by the embassies of the
Republic of Turkey. Such visas shall immediately be reported to the Ministry and the Foreign
Ministry in accordance with the general visa procedures. These visas are not subject to fee.
(6) When necessary in view of the national interests of Turkey, a visa may exceptionally be issued
ex officio by the ambassadors’ of the Republic of Turkey. Visas issued for such purposes shall
immediately be reported to the Ministry and the Foreign Ministry in accordance with the general
visa procedures. These visas are not subject to fee.
(7) The principles and procedures governing visa types and processes shall be stipulated in a
Directive.
Visa exemption
ARTICLE 12 –
(1) Visa for entry into Turkey shall not be required from those foreigners who are:
6
a) exempt from visa obligation pursuant to agreements to which the Republic of Turkey is party to
or with a Council of Ministers’ decree;
b) holders of a residence or a work permit valid on the date of entry into Turkey;
c) holders of a valid “reserved for foreigners” passport issued pursuant to Article 18 of the Passport
Law № 5682 of 15/07/1950;
ç) within the scope of Article 28 of the Turkish Citizenship Law № 5901 of 29/05/2009.
(2) Visa requirement for entry into Turkey may not be sought from those foreigners who:
a) disembark at a port city from a carrier, which has been obliged to use Turkish air and sea ports
due to force majeure;
b) arrive at seaports for the purpose of touristic visits to the port city or nearby cities, provided that
their visit does not exceed seventy two hours.
Border visa [Visas issued at border gates]
ARTICLE 13 –
(1) On exceptional cases, foreigners arriving at border gates without a visa, may be issued a visa
provided that they document their [intended] departure from Turkey within due time.
(2) Border visa shall be issued by the governorates in charge of the respective border gates.
Governorates may delegate this authority to the law enforcement unit stationed at the border. Such
visas shall authorise stay in Turkey for a maximum of fifteen days, unless a different duration is
determined by the Council of Ministers.
(3) The medical insurance requirement may be waived for humanitarian reasons for persons issued a
visa at the border.
Airside transit visas
ARTICLE 14 –
(1) Foreigners who shall be transiting through Turkey may be required to obtain an airside transit
visa. Airside transit visas shall be issued by the consulates, to be used no later than six months.
(2) Foreigners who would be required to obtain an airside transit a visa shall be jointly determined
by the Ministry and Ministry of Foreign Affairs.
Foreigners who shall be refused to take visa
ARTICLE 15 –
(1) Visa shall be refused for those foreigners whose/who:
a) passport or travel document is not valid at least sixty days beyond the expiry date of the visa
requested;
b) are banned from entering Turkey;
c) are considered undesirable for reasons of public order or public security;
ç) are identified to have a disease posing public health threat;
d) are suspects of or, are convicted of, a crime(s) that are subject to extradition pursuant to
agreements to which the Republic of Turkey is a party to;
e) are not covered with a valid medical insurance for the duration of their stay;
f) fail to supply proof of the reason for their purpose of entry into, transit from or stay in Turkey;
7
g) do not possess sufficient and sustainable resources [for the duration of their stay]
ğ) would refuse to pay receivables, originating from overstaying the duration of visa or a previous
residence permit duration or, that should be enforced and collected pursuant to the Law on the
Procedure of Collection of Public Receivables № 6183 of 21/07/1953 or, debts and fines enforced
pursuant to the Turkish Penal Code № 5237 of 26/09/2004.
(2) Nevertheless if it is deemed to be of interest to issue a visa to such a foreigner who falls within
the scope of this article, a visa may be granted subject to the Minister’s approval.
Cancelation of visas
ARTICLE 16 –
(1) Visa shall be cancelled by the issuing authorities or the governorates in cases when/where:
a) it is determined that the visa is exploited for fraudulent purposes;
b) there is erasure, scraping or alteration detected [on the visa sticker];
c) the visa holder is banned to entry Turkey ;
ç) there is strong doubt as to the foreigner may commit a crime;
d) the passport or travel document is false or has expired;
e) the visa or the visa exemption is used outside its purpose;
f) the circumstances or documents on the grounds of which the visa was issued are determined to
be not valid.
(2) In case of a removal decision issued with regards to the foreigner within the duration of the visa,
the visa shall be cancelled thereof.
Notification of visa processes
ARTICLE 17 –
(1) The processes related to the refusal of a visa application or cancelation of the visa shall be notified
to the visa applicant.
Authority of the Council of Ministers related to visa and passport procedures
ARTICLE 18 –
(1) The Council of Ministers is authorised to;
a) Enter into agreements determining the passport and visa procedures; and under circumstances
when considered necessary, unilaterally waive the visa requirement for citizens of certain states;
facilitate visa procedures, including exemption from visa fee; and, determine the duration of visas.
b) Introduce terms and conditions for [the using of] passports belonging to foreigners [with regard
entry into or stay in or exit from Turkey], in case of war or other extraordinary circumstances to
cover a region of or the entire country.
c) Take all measures setting specific conditions or restrictions regarding entry of foreigners into
Turkey.
SECTION TWO
Residence
8
Residence permit
ARTICLE 19 –
(1) Foreigners who would stay in Turkey beyond the duration of a visa or a visa exemption or, [in
any case] longer than ninety days should obtain a residence permit. The residence permit shall
become invalid if not used within six months.
Exemption from residence permit
ARTICLE 20 –
(1) A residence permit shall not be required from those foreigners listed below:
a) who have arrived with a valid visa or by virtue of visa exemption for a stay up to ninety days,
within the period of the visa or the visa exemption;
b) holders of Stateless Person Identity Card;
c) members of the diplomatic and consular missions in Turkey;
ç) family members of diplomatic and consular officers, provided they are notified to the Ministry of
Foreign Affairs;
d) members of the representations of international organisations in Turkey whose status has been
determined by virtue of agreements;
e) who are exempt from a residence permit by virtue of international agreements which Turkey is a
party to;
f) who fall within the scope of Article 28 of Law № 5901;
g) holders of the documents listed in paragraph seven of article 69 as well as the first paragraphs of
Articles 76 and 83.
(2) Foreigners listed in subparagraphs (c), (ç), (d) and (e) of the first paragraph shall be issued a
document of which the format and content shall be jointly determined by the Ministry and the
Ministry of Foreign Affairs. In cases where these foreigners wish to stay in Turkey, after the end
of their status that entitled them to exemption from a residence permit, shall apply with the
governorates within ten days to obtain a residence permit.
Application for residence permit
ARTICLE 21 –
(1) Applications for residence permits shall be lodged with the consulates in the foreigner’s country
of citizenship or legal stay.
(2) Foreigners applying for a residence permit shall be required to hold a passport or a travel
document valid at least sixty days beyond the duration of the requested residence permit.
(3) Where the information and documents required for the application is incomplete, the assessment
of the application may be postponed until such information and documents are submitted. The
applicant shall be informed of the missing information and documents.
(4) The consulates shall convey the residence permit applications, together with their remarks, to the
Directorate General. The Directorate General shall, after finalising [the assessment of] the
applications, inform the consulate to issue a residence permit or refuse the application, seeking
the opinion of the relevant institutions when it deems it necessary.
(5) [The assessment of] the applications shall be finalised no later than ninety days.
9
(6) The actions related to the refusal of a residence permit application shall be notified to the
applicant.
 (7) (Annex: 28/7/2016-6735/27 article) Residence permit applications could also be made by the
authorized intermediary.
Applications for residence permits to be lodged in Turkey
ARTICLE 22 –
(1) Applications for residence permits may exceptionally be lodged with the governorates in
following cases:
a) pursuant to decisions of or requests from judicial or administrative authorities;
b) when it is not reasonable or possible for the foreigner to leave Turkey;
c) for long-term residence permits;
ç) for student residence permits;
d) for residence permits on humanitarian grounds;
e) for residence permits for victims of human trafficking;
f) while changing from a family residence permit to a short-term residence permit;
g) by either parent, holding a residence permit in Turkey, for their children born in Turkey;
ğ) for a residence permit which conforms to the new reason of stay, in cases where the reason for
which the valid residence permit was issued no longer apply or has changed;
h) for residence permit applications lodged within the scope of paragraph two of Article 20;
ı) when foreign students who have completed higher education in Turkey transfer to a short-term
residence permit.
Issuance and format of residence permits
ARTICLE 23 –
(1) Residence permits shall be issued separately for every foreigner depending on the purpose of stay,
[in any case] for a period sixty days shorter than the validity period of the passport or travel
document.
(2) The Ministry shall determine the format and content of the residence permit whereas the format
and content of the work permit that would substitute as a residence permit shall be jointly
determined by the Ministry and relevant institutions.
Renewal of residence permits
ARTICLE 24 –
(1) The duration of residence permits may be extended by the governorates.
(2) Applications for renewal shall be made to the governorates within sixty days prior to the
expiration of the residence permit and, in any case, before the expiration of the residence permit.
Those who apply for the extension of the duration of the residence permit shall be issued a
document not subject to fee. Such foreigners may reside in Turkey by virtue of this document
pending a decision regarding their application, even if their residence permits have expired.
(3) The renewed residence permits shall take effect as from the expiry date of [applying] legal
permits.
10
(4) [Assessment of] applications for renewal shall be finalised by the governorates.
Refusal, cancelation or non-renewal of residence permit applications lodged in Turkey
ARTICLE 25 –
(1) The refusal of an application lodged in Turkey, non-renewal or cancelation of a residence permit
and notification of such actions shall be done by the governorates. The decision on the residence
permit may be postponed in consideration of elements such as the foreigner’s family ties in
Turkey, the duration of residence, situation in the country of origin and the best interest of the
child during these actions.
(2) Refusal, non-renewal or cancelation of the application shall be notified to the foreigner or, to
his/her legal representative or lawyer. This notification shall also include information on how
foreigners would effectively exercise their right of appeal against the decision as well as other
legal rights and obligations applicable in the process.
Other provisions concerning residence permits
ARTICLE 26 –
(1) Time spent as a prisoner or detainee in prison or under administrative detention in removal centres
[beyond the expiry date of the residence permit] shall not be considered as a breach of the time
limit of the residence permit. Residence permits, if any, held by such persons may be cancelled.
Any such person, who does not have one, may be issued a foreigner identity number without the
requirement of holding a residence permit.
(2) Foreigners arriving Turkey with a residence [or] a work permit issued by the consulates should
register with the address based registration system no later than twenty working days as of the
date of arrival.
Work permit as residence permit
ARTICLE 27 –
(1) A valid work permit as well as Work Permit Exemption Confirmation Document issued pursuant
to Article 10 of the Law on Work Permits of Foreigners, № 4817 of 27/02/2003, shall be
considered as a residence permit. (Abrogated second sentence: 28/7/2016-6735/27 art.)
(2) The foreigner should not fall within the scope of Article 7 in order for a work permit to be issued
or renewed.
Interruption of residence
ARTICLE 28 –
(1) For the purposes of this Law, any stay outside of Turkey exceeding a total of six months within one
year or a total of one year within the last five years for reasons other than compulsory public service,
education or health shall be considered interruption of residence. In cases where there is an
interruption of residence, the previous residence durations shall not count towards a residence
permit application or changing to another residence permit.
(2) In the computation of continues residence permits, half the duration of student resident permits
while the full duration of all other types of residence permits shall be calculated.
11
Transfer between residence permits
ARTICLE 29 –
(1) In cases where the reason, on the grounds which the residence permit is issued, no longer apply
or a different reason appears foreigners may lodge an application for a residence permit which
conforms to the new reason for their stay.
(2) The principles and procedures governing transfers between residence permits shall be stipulated
in the Directive.
Residence permit types
ARTICLE 30 –
(1) Types of residence permits are the listed below:
a) short-term residence permit;
b) family residence permit;
c) student residence permit;
ç) long-term residence permit;
d) humanitarian residence permit;
e) victim of human trafficking residence permit.
Short-term residence permit
ARTICLE 31 –
(1) A short-term residence permit may be granted to those foreigners listed below who:
a) arrives to conduct scientific research;
b) owns immovable property in Turkey;
c) establishes business or commercial connections;
ç) participates in on-the-job training programmes;
d) arrives to attend educational or similar programmes as part of student exchange programmes or
agreements to which the Republic of Turkey is a party to;
e) wishes to stay for tourism purposes;
f) intends to receive medical treatment, provided that they do not have a disease posing a public
health threat;
g) is required to stay in Turkey pursuant to a request or a decision of judicial or administrative
authorities;
ğ) transfers from a family residence permit;
h) attends a Turkish language course;
ı) attends an education programme, research, internship or, a course by way of a public agency;
i) applies within six months upon graduation from a higher education programme in Turkey.
j) (Annex: 28/7/2016-6735/27 article) does not work in Turkey but will make an investment
within the scope and amount that shall be determined by the Council of Ministers, and their
foreign spouses, his and her minor children or foreign dependent children.
k) (Annex: 28/7/2016-6735/27 article) is citizen of Turkish Republic of Northern Cyprus.
(2) (Amendment: 28/7/2016-6735/27 article) Short-term residence permits shall be issued with
12
maximum two year duration at a time with the exception of (j) and (k) subparagraphs of the first
paragraph.
(3) Residence permits within the scope of subparagraph (h) of the first paragraph shall only be issued
twice.
(4) Residence permits within the scope of subparagraph (i) of the first paragraph shall only be issued
once with maximum one year duration.
(5) (Annex: 28/7/2016-6735/27 article) The residence permits granted within the scope of (j) and
(k) subparagraphs of the first paragraph shall only be issued with maximum 5 year duration.
Conditions for short-term residence permit
ARTICLE 32 –
(1) The following conditions shall apply when issuing short-term residence permits:
a) to apply, claiming one or more of the reasons stipulated in paragraph one of Article 31 and submit
supporting information and documents regarding the application;
b) not to fall within the scope of Article 7;
c) to live in accommodation conditions that conform to general health and safety standards;
ç) upon request, to present criminal record certificate issued by the competent authorities in their
country of citizenship or legal residence;
d) submit information on their address of stay in Turkey.
Refusal, non-renewal or cancelation of short-term residence permits
ARTICLE 33 –
(1) Under the following cases a short-term residence permit shall not be granted, shall be cancelled
if has been issued, and shall not be renewed when:
a) one or more of the conditions provided for in Article 32 are not met or no longer apply;
b) it is established that the residence permit is used outside the purposes of those it is issued for;
c) (Abrogated: 28/7/2016-6735/27 art.)
ç) there is a current removal decision or an entry ban to Turkey in respect to the foreigner.
(2) (Annex: 28/7/2016-6735/27 article) Procedures and principles regarding the cancellation
of residence permit in terms of duration of stay abroad are regulated by Regulation.
Family residence permit
ARTICLE 34 –
(1) A family residence permit for a maximum duration of three years at a time may be granted to the:2
a) foreign spouse;
b) foreign children or foreign minor children of their spouse;
c) dependent foreign children or dependent foreign children of their spouse;
of Turkish citizens, persons within the scope of Article 28 of Law № 5901 or, foreigners holding
one of the residence permits as well as refugees and subsidiary protection beneficiaries. However,
the duration of the family residence permit cannot exceed the duration of the sponsor’s residence

2 With the 27th Article of the Law No. 6735 dated 28/7/2016, the expression of “two years” was changed
to “three years” in this article.
13
permit under any circumstances whatsoever.
(2) In cases of a polygamous marriage pursuant to the regulation in the [foreigner’s] country of
citizenship, only one of the spouses shall be issued a family residence permit. However, a family
residence permit may be granted to the foreigner’s children from other spouses.
(3) For family residence permits issued to children, if any, the consent of the mother or the father
who lives abroad and who shares custody shall be sought.
(4) Family residence permits shall entitle the holder right of education in primary and secondary
educational institutions until the age of 18 the without obtaining a student residence permit.
(5) Any person reaching the age of 18 who has immediately before resided in Turkey for a minimum
of three years on a family residence permit may, upon application transfer to a short-term
residence permit.
(6) In the event of divorce, a short-term residence permit may be issued to a foreign spouse of a
Turkish citizen, provided that [he or she] resided on a family residence permit for at least three
years. However, in cases where it is established by the relevant court that the foreign spouse has
been a victim for reasons of domestic violence, the condition for three years residence shall not
be sought.
(7) In the event of the death of the sponsor, a short-term residence permit may be issued without any
[minimum residing] time condition attached to those who have resided on a family residence
permit in connection with the sponsor.
Conditions for family residence permits
ARTICLE 35 –
(1) With regard to family residence permit applications, the following conditions shall apply to the
sponsor to:
a) have a monthly income in any case not less than the minimum wage in total corresponding not
less than one third of the minimum wage per each family member;
b) live in accommodation conditions appropriate to general health and safety standards
corresponding to the number of family members and to have medical insurance covering all
family members;
c) submit proof of not having been convicted of any crime against family during the five years
preceding the application with a criminal record certificate;
ç) have been residing in Turkey for at least one year on a residence permit;
d) have been registered with the address based registration system.
(2) Subparagraph (ç) of the first paragraph shall not apply to holders of residence permit or work
permit for the purposes of scientific research; who are within the scope of Article 28 of Law №
5901; or foreigners who are married to Turkish citizens.
(3) The following conditions shall apply to foreigners applying for a family residence permit to stay
with a sponsor in Turkey:
a) to submit information and documents that they are within the scope of paragraph one of Article
34;
b) to assert that they live or intend to live together with those persons listed in paragraph one of
Article 34;
14
c) not to have entered into the marriage for the purpose of obtaining a family residence permit;
ç) to be over 18 years of age for each spouse;
d) not to fall within the scope of Article 7.
(4) The conditions set forth in first paragraph of this Article may not be sought for refugees and
subsidiary protection beneficiaries who are in Turkey.
Refusal, cancelation or non-renewal of family residence permits
ARTICLE 36 –
(1) Under the following cases a family residence permit shall not be granted, shall be cancelled if has
been issued, and shall not be renewed when:
a) conditions set out in paragraphs one and three of Article 35 are not met or no longer apply;
b) short-term residence permit [application] is refused when the conditions for obtaining a family
residence permit no longer apply;
c) there is a valid removal decision or an entry ban to Turkey in respect to the foreigner;
ç) it is determined that the family residence permit is used for purposes other than of those it is issued
for;
d) (Abrogated: 28/7/2016-6735/27 art.)
(2) (Annex: 28/7/2016-6735/27 article) Procedures and principles regarding the cancellation of
residence permit in terms of duration of stay abroad are regulated by Regulation.
Applications for family residence permit through marriage of convenience
ARTICLE 37 –
(1) Where there is reasonable doubt prior to granting or renewing a family residence permit the
governorates shall investigate whether the marriage have been entered into solely for the purpose
of obtaining a family residence permit.
When it is so determined upon investigation family residence permit shall not be granted or,
cancelled if has been issued.
(2) Following the issuance of a family residence permit the governorates may carry out inspections
in order to establish whether the marriage is of convenience.
(3) Residence permits obtained through a fraudulent marriage and cancelled later, shall not count
towards the summing of residence durations stipulated in this Law.
Student residence permit
ARTICLE 38 –
(1) A student residence permit shall be granted to foreigners who shall attend an associate,
undergraduate, graduate or postgraduate programme in a higher education institution in Turkey.
(2) To foreigners who shall receive primary and secondary education and whose care and expenses
shall be covered by a natural or legal person, subject to the consent of their parents or legal
guardian a one year student residence permit shall be granted and renewed throughout the course
of their study.
(3) The student residence permit shall not entitle the parents as well as more distant family members
of the foreigner the right of obtaining residence permit.
15
(4) In cases where the period of study is less than one year, the duration of the residence permit shall
not exceed the period of study.
(5) (Annex: 28/7/2016-6735/27 article) To foreigners who shall receive an education in
Turkey by coming via state institutions and organizations, a residence permit may be granted
during their study period.
Conditions for student residence permit
ARTICLE 39 –
(1) The following conditions shall apply to student residence permit:
a) submitting the information and documents within the scope of Article 38;
b) not to fall within the scope of Article 7;
c) providing an address in Turkey.
Refusal, cancelation or non-renewal of student residence permits
ARTICLE 40 –
(1) Under the following cases a student residence permit shall not be issued, cancelled if has been
issued, refused renewal when:
a) the requirements of Article 39 are not met or no longer apply;
b) evidence exists that the studies are possibly not to be continued;
c) it is determined that the student residence permit has been used for a purpose other than that it is
issued for;
ç) there is a current removal decision or an entry ban to Turkey with respect to the foreigner.
Right of work for [foreign] students3
ARTICLE 41 –
(1) [Foreign] students attending a formal associate, undergraduate, graduate or postgraduate
programme in Turkey may work provided that they obtain a work permit. However the right of
work for associate or undergraduate students starts after the first year [of their study] and is
regulated by related law.
(2) The principles and procedures governing the right of work for associate or undergraduate students
shall be jointly regulated by the Ministry and the Ministry of Labour and Social Security within
the framework of the principles to be determined by the Migration Policies Board.
Long-term residence permit
ARTICLE 42 –
(1) A long-term residence permit shall be issued by the governorates, upon approval of the Ministry,
to foreigners that have continuously resided in Turkey for at least eight years on a permit or,
foreigners that meet the conditions set out by the Migration Policies Board.
(2) Refugees, conditional refugees and subsidiary protection beneficiaries as well as persons under
temporary protection or humanitarian residence permit holders are not entitled to the right of

3 With the 27th Article of the Law No. 6735 dated 28/7/2016, expression of “formal” was added before the
expression of “in Turkey” in the first item of this article and the expression of “cannot be more than
twenty four hours a week” was changed as “regulated by related law”.
16
transfer to a long-term residence permit.
Conditions for long-term residence permit
ARTICLE 43 –
(1) With regard to the issuing long-term residence permit the following conditions shall apply:
a) having continues residence in Turkey for at least eight years;
b) not having received social assistance in the past three years;
c) having sufficient and stable income to maintain themselves or, if any, support their family;
ç) to be covered with a valid medical insurance;
d) not to be posing a public order or public security threat.
(2) Subject to subparagraph (d), the conditions stipulated in the first paragraph shall not apply to
foreigners who are considered appropriate for a long-term residence permit due to meeting the
conditions determined by the Migration Policies Board.
Rights conferred by a long-term residence permit
ARTICLE 44 –
(1) Without prejudice to acquired rights with respect to social security, and subject to conditions
stipulated in applicable legislation governing the enjoyment of rights, foreigners holding a longterm residence permit shall benefit from the same rights as accorded to Turkish citizens with the
exception of the provisions in laws regulating specific areas, and of:
a) compulsory military service;
b) the right of vote and be elected;
c) entering public service;
ç) exemption from customs duties when importing vehicles.
(2) The Council of Ministers is authorised to partially or completely restrict the rights listed in the
first paragraph.
Cancelation of long-term residence permits
ARTICLE 45 –
(1) Under the following cases a long-term residence permit shall be cancelled when the foreigner:
a) poses a serious public security or public order threat;
b) stays out of Turkey continuously for more than one year for reasons other than health, education
and compulsory public service in his/her country.
(2) The principles and procedures governing the re-application for a long-term residence permit and
assessment of the applications of foreigners whose long-term residence permit has been cancelled
pursuant to subparagraph (b) of the first paragraph shall be stipulated in a Directive.
Humanitarian residence permit
ARTICLE 46 –
(1) Under the following cases, upon approval of the Ministry, a humanitarian residence permit with
a maximum duration of one year at a time may be granted and renewed by the governorates
without seeking the conditions for other types of residence permits:
17
a) where the best interest of the child is of concern;
b) where, notwithstanding a removal decision or ban on entering Turkey, foreigners cannot be
removed from Turkey or their departure from Turkey is not reasonable or possible;
c) in the absence of a removal decision in respect of the foreigner pursuant to Article 55;
ç) where there is a judicial appeal against the actions carried out pursuant to Articles 53, 72 and 77;
d) throughout the removal actions of the applicant to the first country of asylum or a safe third
country;
e) in cases when foreigners should be allowed to enter into and stay in Turkey, due to emergency
or in view of the protection of the national interests as well as reasons of public order and
security, in the absence of the possibility to obtain one of the other types of residence permits
due to their situation that precludes granting a residence permit;
f) in extraordinary circumstances.
(2) Foreigners that are granted humanitarian residence permit should get registered with the address
based registration system no later than twenty working days as of the issuance date.
Cancelation or non-renewal of humanitarian residence permits
ARTICLE 47 –
(1) The humanitarian residence permit shall be cancelled and shall not be renewed by the
governorates in cases where the compelling conditions no longer apply, subject to the approval
of the Ministry.
Residence permits for victims of human trafficking
ARTICLE 48 –
(1) A residence permit valid for thirty days shall be granted, by the governorates, to foreigners who
are victims of human trafficking or where there is strong circumstantial evidence that they might
be victims with a view to allow them to break from the impact of their [negative] experience and
reflect on whether to cooperate with the competent authorities.
(2) Conditions attached to other types of residence permits shall not be sought while issuing these
residence permits.
Renewal and cancelation of residence permits for victims of human trafficking
ARTICLE 49 –
(1) The residence permit granted to allow for recovery and reflection may be renewed for six months
periods for reasons of safety, health or special circumstances of the victim. However, the total
duration shall not exceed three years under any circumstances whatsoever.
(2) The residence permit shall be cancelled in cases where it is determined that foreigners who are
victims of trafficking or might be victims of human trafficking have re-connected with the
perpetrators of the crime through their own volition.
SECTION THREE
Stateless Persons
18
Determination of statelessness
ARTICLE 50 –
(1) The statelessness status shall be determined by the Directorate General. Stateless persons shall be
issued a Stateless Person Identification Document, which entitles such persons the right to legally
reside in Turkey. Persons, who are in the process of being considered as stateless in another
country shall not benefit from this right.
(2) Stateless persons shall obtain a Stateless Person Identification Document. The governorates shall
issue this document, upon approval of the Directorate General. This document shall substitute a
residence permit and shall be renewed by the governorates every two years without subject to any
fee. The Stateless Person Identification Document shall bear the foreigner identification number.
(3) The duration of stay in Turkey with a Stateless Person Identification Document shall count
towards the total duration of residence.
(4) The Stateless Person Identification Document shall no more be valid upon acquisition of the
nationality of another country.
(5) The principles and procedures concerning the determination of statelessness and the issuance of
the Stateless Person Identification Document shall be stipulated in a Directive.
Rights and guarantees granted to stateless persons
ARTICLE 51 –
(1) Persons holding a Stateless Person Identification Document:
a) may apply to obtain any of the residence permits set out in this Law;
b) shall not be deported unless they pose a serious public order or public security threat;
c) are not be subject to the reciprocity requirement sought in procedures concerning foreigners;
ç) are subject to the provisions of the Law № 4817 in activities and actions regarding work permit;
d) are entitled to the provisions of Article 18 of the Law № 5682.
SECTION FOUR
Removal
Removal
ARTICLE 52 –
(1) Foreigners may be removed to their country of origin or a transit country or a third country by
virtue of a removal decision.
Removal decision
ARTICLE 53 –
(1) A removal decision shall be issued either upon instructions of the Directorate General or ex officio
by the governorates.
(2) The [removal] decision together with its reasons shall be notified to the foreigner, in respect of
whom a removal decision has been issued or, to his/her legal representative or lawyer. If the
foreigner, in respect of whom the removal decision has been issued, is not represented by a lawyer,
the foreigner or his/her legal representative shall be informed about the consequence of the
decision, procedures and time limits for appeal.
19
(3) Foreigner, legal representative or lawyer may appeal against the removal decision to the
administrative court within fifteen days as of the date of notification. The person who has
appealed against the decision to the court shall also inform the authority that has ordered the
removal regarding the appeal. Such appeals shall be decided upon within fifteen days. The
decision of the court on the appeal shall be final. Without prejudice to the foreigner’s consent, the
foreigner shall not be removed during the judicial appeal period or in case of resort to the
judgement with the exception of ones within the scope of (b), (d) and (k) subparagraphs of the
first paragraph and second paragraph of Article 54.4
Persons subject to a removal decision
ARTICLE 54 –
(1) A removal decision shall be issued in respect of those foreigners listed below who/whose:
a) are deemed to be removed pursuant to Article 559 of the Turkish Penal Code № 5237;
b) are leaders, members or supporters of a terrorist organisation or a benefit oriented criminal
organisation;
c) submit untrue information and false documents during the entry, visa and residence permit
actions;
ç) made their living from illegitimate means during their stay in Turkey;
d) pose a public order or public security or public health threat;
e) has overstayed their visa or the visa exemption period for more than ten days or, whose visas are
cancelled;
f) residence permits are cancelled;
g) overstayed the expiry date of the duration of their residence permit for more ten days without an
acceptable reason;
ğ) are determined to be working without a work permit;
h) breach the terms and conditions for legal entry into or exit from Turkey;
ı) are determined to have entered into Turkey despite an entry ban to Turkey;
i) international protection claim has been refused; are excluded from international protection;
application is considered inadmissible; has withdrawn the application or the application is
considered withdrawn; international protection status has ended or has been cancelled, provided
that pursuant to the other provisions set out in this Law they no longer have the right of stay in
Turkey after the final decision.
j) fail to leave Turkey within ten days in cases where their residence permit renewal application has
been refused.
k) (Annex: 3/10/2016-KHK-676/36 article) are evaluated as being associated with terrorist
organizations which have been defined by international institutions and organizations.
(2) (Amendment: 3/10/2016-KHK-676/36 article) A removal decision may be issued at
every stage of international protection proceedings in respect of international protection

4 With the Article 35 of Delegated Legislation dated 3/10/2016 and numbered 676, statement of
“excluding the ones within the scope of (b), (d) and (k) subparagraphs of the first paragraph and second
paragraph of Article 54” has been added to come after the statement of "in case of” taking place in this
paragraph.
20
applicants or international protection beneficiaries who are evaluated as being within the
scope of (b), (d) and (k) subparagraphs of the first paragraph of this Article.
Exemption from removal decision
ARTICLE 55 –
(1) Removal decision shall not be issued in respect of those foreigners listed below regardless of
whether they are within the scope of Article 54:
a) when there are serious indications to believe that they shall be subjected to the death penalty,
torture, inhuman or degrading treatment or punishment in the country to which they shall be
returned to;
b) who would face risk due to serious health condition, age or, pregnancy in case of travel;
c) who would not be able to receive treatment in the country to which they shall be returned while
undergoing treatment for a life threatening health condition;
ç) victims of human trafficking, supported by the victim’s assistance programme;
d) victims of serious psychological, physical or sexual violence, until their treatment is completed.
(2) Assessment within the scope of the first paragraph shall be made on case by case basis. These
persons may be asked to reside at a given address and report to authorities in form and periods as
requested.
Summons to leave Turkey
ARTICLE 56 –
(1) Where a removal decision has been issued, foreigners shall be granted a period no less than fifteen
days and up to thirty days to leave Turkey, provided that this period is stated in the removal
decision. However, this period shall not be granted to foreigners who: bear the risk of absconding
or disappearing; have breached the terms and conditions of legal entry and exit; used false
documents; attempted to obtain or are determined to have obtained a residence permit with false
documents; pose a public order, public security, public health threat.
(2) A Leave Permit shall be issued to persons for whom a period to leave Turkey is granted. This
document shall not be subject to any fees, without prejudice to the visa and residence permit fees
as well as obligations related to penalties thereof.
Administrative detention and duration of detention for removal purposes
ARTICLE 57 –
(1) Where foreigners within the scope of Article 54 are apprehended by law enforcement units, they
shall immediately be reported to the governorate for a decision to be made concerning their status.
With respect to those where a removal decision is considered necessary it shall be issued by the
governorate. The duration of assessment and decision-making shall not exceed forty-eight hours.
(2) Those for whom a removal decision have been issued, the governorate shall issue an
administrative detention decision for those who; bear the risk of absconding or disappearing;
breached the rules of entry into and exit from to Turkey; have used false or fabricated documents;
have not left Turkey after the expiry of the period granted to them to leave, without an acceptable
excuse; or, pose a threat to public order, public security or public health. Foreigners subject to
21
administrative detention shall be taken to removal centres within forty-eight hours of the decision
by the [same] law enforcement unit that apprehended them.
(3) The duration of administrative detention in removal centres shall not exceed six months.
However, in cases where the removal cannot be completed due to the foreigner’s failure of
cooperation or providing correct information or documents about their country [of origin], this
period may be extended for a maximum of six additional months.
(4) The need to continue the administrative detention shall be regularly reviewed monthly by the
governorates, and when consider it necessary. For those foreigners where administrative detention
is no longer considered necessary, the administrative detention shall immediately be ended. These
foreigners may be required to comply with administrative obligations such as to reside at a given
address and report to the authorities in form and periods to be determined.
(5) The administrative detention decision, the extension of the administrative detention period and
the results of the monthly regular reviews together with its reasons shall be notified to the
foreigner or, to his/her legal representative or lawyer. If the person subject to administrative
detention is not represented by a lawyer, the person or his/her legal representative shall be
informed about the consequence of the decision, procedure and time limits for appeal.
(6) The person placed under administrative detention or his/her legal representative or lawyer may
appeal against the detention decision to the Judge of the Criminal Court of Peace. Such an appeal
shall not suspend the administrative detention. In cases where the petition is handed to the
administration, it shall immediately be conveyed to the competent Judge of the Criminal Court of
Peace. The Judge of the Criminal Court of Peace shall finalise the assessment within five days.
The decision of the Judge of the Criminal Court of Peace shall be final. The person placed under
administrative detention or his/her legal representative or lawyer may further appeal to the Judge
of the Criminal Court of Peace for a review should that the administrative detention conditions
no longer apply or have changed.
(7) Those who appeal against an administrative detention action but do not have the means to pay the
attorney’s fee shall be provided legal counsel upon demand, pursuant to the Legal Practitioner’s
Law № 1136 of 19/03/1969.
Removal centres
ARTICLE 58 –
(1) Foreigners subject to administrative detention shall be held in removal centres.
(2) The removal centres shall be operated by the Ministry. The Ministry may have these centres
operated by public institutions and agencies, the Turkish Red Crescent Association or non-profit
associations with expertise in the field of migration by means of a protocol.
(3) The principles and procedures related to the establishment, management, outsourcing, inspection
of removal centres and the transfer of foreigners subject to administrative detention to removal
centres for removal purposes shall be regulated with a Directive.
Services provided in removal centres
ARTICLE 59 –
(1) In the removal centres:
a) emergency and primary healthcare services of which the foreigner is unable to cover the cost shall
22
be provided free of charge;
b) the foreigner shall be allowed access to and given the opportunity to meet with their relatives, the
notary public, his/her legal representative and the lawyer, as well as access to telephone services;
c) the foreigner shall be given the opportunity to meet with the visitors, consular official of their
country of citizenship, and officials of the United Nations High Commissioner for Refugees;
ç) the best interest of the child shall be considered, and families and unaccompanied minors shall be
accommodated in separate areas;
d) the Ministry of National Education shall take the necessary measures to ensure that children have
access to education.
(2) Representatives of the relevant non-governmental organisations with expertise in the field of
migration may visit the removal centres upon permission of the Directorate General.
Implementation of the removal decision
ARTICLE 60 –
(1) The foreigners at removal centres shall be taken to border gates by law enforcement unit.
(2) Foreigners to be removed without being required to transfer to removal centres shall be taken to the
border gates by law enforcement units through coordination of the provincial units of Directorate
General.
(3) Foreigners to be removed shall cover their own travel costs. In cases where foreigners are unable to
cover such costs, the full or remaining cost of travel shall be met from the budget of the Directorate
General. A ban on entering Turkey may be imposed on such foreigners as long as the costs are not
reimbursed.
(4) The Directorate General may cooperate with international organisations, the authorities in the
relevant country, and non-governmental organisations to carry out the removal.
(5) Passports or other documents belonging to foreigners may be retained until the foreigners are
removed and their tickets may be cashed for use in the removal.
(6) Natural or legal persons are responsible for covering the costs related to the removal of foreigners
whose stay and return they have guaranteed. Subparagraph three of Article 21 of Law № 4817 shall
apply to employers or agents of employers that employ the foreigner without a work permit with
respect to their obligations in the removal of such foreigners.
PART THREE
INTERNATIONAL PROTECTION
SECTION ONE
Types of International Protection, Exclusion from International Protection
23
Refugees
ARTICLE 61 –
(1) A person who as a result of events occurring in European countries and owing to well-founded
fear of being persecuted for reasons of race, religion, nationality, membership of a particular
social group or political opinion, is outside the country of his citizenship and is unable or, owing
to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not
having a nationality and being outside the country of his former residence as a result of such
events, is unable or, owing to such fear, is unwilling to return to it, shall be granted refugee status
upon completion of the refugee status determination process.
Conditional refugees
ARTICLE 62 –
(1) A person who as a result of events occurring outside European countries and owing to wellfounded fear of being persecuted for reasons of race, religion, nationality, membership of a
particular social group or political opinion, is outside the country of his nationality and is unable
or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or
who, not having a nationality and being outside the country of former habitual residence as a
result of such events, is unable or, owing to such fear, is unwilling to return to it, shall be granted
conditional refugee status upon completion of the refugee status determination process.
Conditional refugees shall be allowed to reside in Turkey temporarily until they are resettled to a
third country.
Subsidiary Protection
ARTICLE 63 –
(1) A foreigner or a stateless person, who neither could be qualified as a refugee nor as a conditional
refugee, shall nevertheless be granted subsidiary protection upon the status determination because
if returned to the country of origin or country of [former] habitual residence would:
a) be sentenced to death or face the execution of the death penalty;
b) face torture or inhuman or degrading treatment or punishment;
c) face serious threat to himself or herself by reason of indiscriminate violence in situations of
international or nationwide armed conflict;
and therefore is unable or for the reason of such threat is unwilling, to avail himself or herself of
the protection of his country of origin or country of [former] habitual residence.
Exclusion from international protection
ARTICLE 64 –
(1) The applicant shall be excluded from international protection if:
(a) receiving protection or assistance from organs or agencies of the United Nations other than the
United Nations High Commissioner for Refugees;
(b) recognised by the authorities of the country of [former] residence as having the rights and
obligations which are attached to the nationals of that country;
(c) there is strong evidence to believe that they are guilty of offences specified in paragraph one of
24
Article 1 of the Convention.
(2) When protection or assistance for a person who falls within the scope of sub-paragraph (a) of the
first paragraph is no longer available for any reason whatsoever, such person may benefit from
protection provided for by this Law, unless a final solution to is reached on their status on the
basis of UN General Assembly resolutions.
(3) In cases where there is evidence to believe that the applicant, prior to international protection
claim, have committed inhuman acts for any reason whatsoever outside of Turkey, the assessment
shall be done pursuant to subparagraph (c) of the first paragraph.
(4) Applicants that i
3  Turkish law forums / TURKEY AND GENERAL TURKISH LEGISLATION RESOURCES / What is appeal? on: November 28, 2018, 09:34:45 PM
What is Appeal in Turkish law system?
Appeal means judicial review of a decision once again by a
higher court. In regular courts, higher court is the Court of
Cassation and in administrative, it is the Council of State.
Some decisions of the administrative courts and tax courts
may be appealed before the regional administrative courts.

How is an appeal requested?
A petition is submitted to the Court within the designated
time limit to start the appeal process.

How is an appeal petition drafted?
The reason you make an appeal against the decision must
be shown in the petition. You have to explain why you want
the decision to be quashed. You need to put in detail and
give number to the contradictions which you think to have
occurred during the trial. The petition should include one
extra copy apart from the total number of parties.
What is the focus of an appeal stage?
Aim of the appeal is to control if there has been any
contradiction with the Law during the trial.

What is the time limit for appeal?
This time limit may change depending on the type of courts:
It is 7 days beginning from notification or pronouncement
in criminal courts,
15 days beginning from notification in civil courts of first
instance (Family, Commercial and Consumer Courts),
8 days beginning from notification in civil courts of peace,
10 days beginning from notification or pronouncement in
civil courts of enforcement,
8 days beginning from notification or pronouncement in
labour courts,
30 days beginning from notification in administrative and
tax courts.
As seen above, time limit for appeal may start when the
judge pronounces the decision or when the notification is
made depending on the type of the court. If the decision
is rendered in the absence of the party who has a right
to appeal, the time limit starts when this party is notified
in writing. In case no petition is submitted within the
designated time limit, it means you renounce your right to
appeal.

What happens as a result of the appeal?
The Court of Cassation/Council of State reviews the decision
rendered by the first instance court; if a contradiction is
detected, the decision is quashed and sent back to the first
instance court to be heard once again. In case the Court of
Cassation/Council of State does not find any violation of law,
the decision is upheld and becomes final.

Would my penalty get heavier if I go for an appeal?
No. The opinion that the penalty would get severer if a
person appeals to the Court of Cassation and his/her appeal
is dismissed, has no legal grounds. The Court of Cassation
does not impose heavier penalties against the party who
uses his right to appeal. In case the decision has been
quashed based on the appeal of the accused person only,
the penalty to be rendered after re-trial cannot be heavier
than the first one. However, it should be noted that also
the intervener (victim and the person who intervenes to the
trial) and the Public Prosecution Office have right to appeal.
In case one of these parties submits an appeal, the decision
may be quashed against the accused person.

Is a decision appealed automatically?
No. An application is needed to appeal a case. There is
an exception to this rule. The decisions which impose
imprisonment of 15 years and more is automatically
reviewed by the Court of Cassation. Except for this situation,
in all cases, appeal must be requested by one of the parties.
In case the appeal is not submitted to the Court within the
designated time limit, the right to appeal is exhausted. The
Public Prosecutor may also appeal the case in favour of or
against the accused.

I did not appeal, but the other party did. What will be the
results of his appeal for me?

If the decision has been quashed in favour of the accused
and if it is possible to apply it also for the other accused
people, you can benefit from this reversal of decision as if
you made an application for appeal. But it does not mean
this reversal will be valid for you automatically. If there is
no possibility to apply it also for you, the decision becomes
final decision on behalf of you, but it is quashed for the
others who appealed the decision.

What is the petition submitted to delay the time limit?
Since the 7-day-time limit for appeal starts when the decision
is pronounced in criminal cases, a petition is submitted to
the Court in order to delay the termination of this time limit
until the reasoned decision is written. This petition includes
your request of appeal and you state you will submit your
reasons for appeal in writing after the reasoned decision.
Therefore, when you want to submit such a petition, you
should write clearly that you request appeal. The same
procedure is applied in labour cases, but it is not applicable
for civil cases.

Is a hearing conducted for appeal?
As a rule, appeal stage is carried out over case files without
a hearing. But in some circumstances, upon the request of
the parties or when required by the higher court, a hearing
may be conducted. In criminal cases, only the accused (and
his lawyer) is called for the appeal hearing. The detainee has
no right to attend to the hearing conducted in the Court of
Cassation. If you want your appeal process carried out with
a hearing, you need to state it in your appeal petition.
4  Turkish law forums / TURKEY AND GENERAL TURKISH LEGISLATION RESOURCES / Court final decision, Verdict on: November 28, 2018, 09:30:22 PM
My trial is over, decision has been rendered, has the process
ended?


All judicial activities are the result of complicated processes
which need great attention. The legal system, being aware
of the fact that mistakes may be done in this complicated
process, has established a judicial control mechanism in
order to check consistency of the decisions with the Law
by means of an another court. In this regard, objections
or appeals may be submitted to the First Instance Courts
or Higher Courts depending on the nature of the decisions
rendered by the Court. The trial process is completed when
the final decision is rendered.

What is a final decision?
A decision becomes final when all judicial remedies are
exhausted. The law does not grant the right to judicial
remedies for very simple matters. Apart from these
exceptions, judicial remedies have been introduced for all
decisions in order to ensure a second review. In case this
right is not used within the certain time limit or dismissed
after the review by the relevant court, the decision becomes
final.

What is a verdict?
The judgments of the Courts are sent to the parties in
writing. All judgments include a stamp and signature. This
letter is called “verdict”. In the final part of the verdict, it is
stated whether the decision is final as well as the time limit
and authority you can appeal to. The decision becomes final
only when the parties do not appeal in the designated time
limit.

How is a decision made final?
In order to make an appeal in civil courts, the decision should
be notified to the parties firstly. Following the reasoned
decision and payment of the fee, the decision is notified to
the parties and time limit for appeal starts . On the other
hand, in labour and criminal courts the time limit starts as
soon as the parties learn the decision. If the decision is read
aloud in the courtroom, time limit starts immediately, if not
notification date is the start of the said time limit. There is no
need to take an extra action in these courts.

How will you know a decision is final or not?
You can ask to the registry of the court which renders
the decision if the decision is final or not. If there is no
application for appeal http://en.hukuki.net/index.php?topic=56489.0 or the application has been dismissed,
the court registry will put an explanation on the decision.
This explanation is an annotation which shows the decision
is final.





5  Turkish law forums / TURKISH CRIMINAL LAW / Reconciliation in Criminal Procedures on: November 28, 2018, 09:14:41 PM
Reconciliation in Criminal Procedures (Mediation in Criminal Courts) in Turkey


What is reconciliation?
Reconciliation is the termination of the criminal
proceedings as a result of the agreement
which the victim makes with the suspect.

The investigation file is not closed before the
agreement concluded after the reconciliation
is fulfilled. If the opposite party fails to fulfil his/
her promise, the reconciliation is null and void.

What happens if I accept the proposal of
reconciliation?

Reconciliation process starts. During this
process which continues with the help of
a reconciler, the parties negotiate how to
compensate the financial and non-financial
losses of the person who has suffered from
the crime. These negotiations are confidential
and cannot be used against the suspect as
evidence. Accepting reconciliation is not a
confession of the crime.

Who can be a reconciler?
S/he is the person who conducts the process of
reconciliation. While the public prosecutor can
be the reconciler himself, he can also assign a
person who has received law education. The
parties, in agreement, can request assignment
of a lawyer or another law professional chosen
by themselves.

Should I pay a fee to the reconciler?
No fee will be charged from the parties for the
services of the reconciler. When the parties
reconcile, the fee is paid by the State. If there
is no reconciliation, it is received from the
accused person in case of conviction as a part
of the trial cost.

On which issues can we reconcile?
Since reconciliation is a process which is left to
the parties, the parties are free to agree on any
kind of matters either financial or non-financial.
• Compensation or reparation of the financial or
non-financial loss caused by the action,
• Granting donation to a public institution or a
person(s) who are in need,
• Temporary work at a private entity serving for
public interest
• Participation in a programme which will help
the concerned person be beneficial to the
society,
• Apologizing from the victim.
We reconciled, what happens next?
In case of reconciliation, you are obliged to
fulfil what you have agreed to do. When you
fulfil this obligation,
• Distress of the victim will be eliminated rapidly,
• No case will be filed against the suspect,
• If there is an ongoing case, it will be dismissed,
• There will be no possibility of conviction and
having a criminal record.

Reconciliation is different from withdrawal of
a complaint!
Reconciliation does not mean withdrawal
of a complaint. However, if the complaint is
withdrawn before reconciliation, you cannot
benefit from it. Therefore, instead of the
statement of “I have no complaint, I want to
reconcile”, you should say “I have a complaint
and I want to reconcile”.

Can reconciliation be reached in any kind of
crime?
No. Reconciliation can be used only for the
investigations and prosecutions of the crimes
which are prescribed by law. These crimes are
as follows:
• Crimes of which investigation and prosecution
is conditional on a complaint (excluding sexual
assault and crimes having the provisions of
effective repentance),
• Deliberate injury (Article 86 and 88 of the
Turkish Penal Code, excluding paragraph 3),
• Reckless injury (Article 89 of the Turkish Penal
Code),
• Violation of the immunity of residence (Article
116 of the Turkish Penal Code),
• Kidnapping and detention of children (Article
234 of the Turkish Penal Code),
• Disclosure of information or documents which
are in the nature of business, banking or
customer secrets (Article 239 of the Turkish
Penal Code, excluding paragraph 4).

How is reconciliation conducted?
• Law enforcement agencies, the Public
prosecutor or judge tell the parties details and
consequences of reconciliation.
• They ask the parties if they want to reconcile.
• The parties inform the authorities on their
decision about reconciliation within 3 days.
• Provided that both parties agree to reconcile, a
reconciler is assigned.
• Parties negotiates with the help of the reconciler
and take the decisions about themselves.
• The process is finished when the suspect
fulfils the act which is decided collectively and
the criminal proceeding comes to an end.

Do I waste time if I accept the proposal of
reconciliation?
Victims may think reconciliation is loss of
time and the suspect may think s/he will
gain time during this process but it is wrong.
Reconciliation is a fast process. The reconciler
is obliged to finalise the process within 30
days. The public prosecutor may extend this
time limit for another 20 days if s/he deems
necessary. During reconciliation, prescription
time does not work.

Is it possible that I will be deceived if I accept
reconciliation?
No. Reconciliation is under the control of the
public prosecutor. If you do not accept the
opposite party’s proposal with your free will,
the process will be finalised.
6  Turkish law forums / TURKEY AND GENERAL TURKISH LEGISLATION RESOURCES / What is settlement? on: November 28, 2018, 09:07:59 PM
Settlement means to finalise a the case by reaching a compromise among the parties.

Why should I prefer the way of “settlement” ?

The process of filing a case could be time consuming and cost a certain amount of money. The process of settlement enable you to get the result that may be available at the end of expensive and long period of filing a case.

If I prefer the "settlement", does it mean I am tortious?

No, It indicates that you want to resolve the case in a shorter time. Moreover the terms that you accepted during the "settlement" meetings is not binding at the trial. In other words, if you cannot settle the matters agreed upon are not binding for the court.

Do the cases last long?

According to the data of the DG for Criminal Records and Statistics; a civil case lasted 202- day. The avrege case length change according to the types of the courts. For example; 619-day at the Intellectual Properties court, 410-day at the Commercial Court, 441-day at the Labor Court, 157-day at the Family Court and 108-day at the Peace Court.

Is it expensive or cheap to file a case?

Although the cost of the case change according to the type of the case, it may be expensive. To give an example; if you loose the case related to the dispute 10.000 TL at the civil court of first instance, you pay aproaximately 2.000 TL on the condition that other party has a lawyer and consulted to the expertise.

It is easy to file a case but not the rest !

Remember that it is easy to bring the case before the court but as far as the rest of the process concerned it is hard to get and expensive. The court fees must be paid by the party that lost the case. But in case that party does not pay you are allowed to pay the court fees and take it back from other party through enforcement process. Even if you won the case the enforcement of the decision is entirely different process to get the decision enforced.

Would the other party vaiwe his claim if I have settled ?

Remember that when you have settled you make judicial contract with the other party before and with the formal approval of the court. Once the court states that the litigation is over by reason of settlement that written statement will have the full power of a court verdict. That statement does not only indicates that the litigation is over due to the settlement it clearly states the right and duties of the parties stemming from the settlement. Therefore in case the duties are not fulfilled this document would be enforcable.

Settle the dispute and get the result in a quiet easier way!

Worldwide statistics indicates that the rate of the fullfilment of duties settled between the parties of a dispute is higher than those obtained through trial process

Can I settle without filing a case ?

Yes, Lawyers are entitled by law to mediate in a settlement of legal disputes, When you settle a dispute through the mediation of a lawyer you would have an enforcable document having the same legal consequences with a verdict whithout paying any court fee

What are my financial advantages when I settled?

The amount of the cout fees to be reduced,

  • In case you settle at the firs stages of the trial ( untill the first hearing is held) you pay only 1/3 of totall and the amount of the lawyer cost you have pay to your opponent shall be reduced by half
  • In case you settle after the first hearing is held you pay 2/3 of total
  • You save from the totall trial cost such as ( posting, expertise, on spot view, travel. Etc) and the time you would waste in the courts instead of your business.
  • You also save from the amount of the enforcement costs since you are not going to run for enforcement process.


Does settlement apply to all kind of legal dispute?
No, Settlement applies to matters t on which o make a contract is also allowed by law. To put it bluntly, If you can make contract on a legal matter you can also settle a dispute on that matter. In matter parties are not allowed to make contract such as criminal cases, cases on population records, cases about child custody settlement is not applicable but family cases courts to save from the time and the costs take into consideration the terms of an agreement reached between the parties.
7  Turkish law forums / TURKEY AND GENERAL TURKISH LEGISLATION RESOURCES / Guide to Turkish Courtrooms on: November 28, 2018, 09:01:58 PM
Guide to Courtrooms

Layout of courtrooms

The place where the hearings are held is called
‘courtroom’. In order to conduct hearings efficiently,
there is a pre-set order and all proceedings are
carried out according to a certain procedure. All
details are predefined: such as who stands where,
who takes the floor when, who are allowed to be
in the courtroom and who are not. You have to
abide by these rules for proper organisation in the
courtroom.

Who stands where?

The judge and Public prosecutor sits on the “bench”.
Normally there is one judge but if it is a panel
there are three judges sitting on the bench. The
prosecutor sits on the right side of the judge. The
right side of the judge belongs to claimant (claiming
side or complainant) and the left side belongs to
the defendant (defending side or the accused). In
other words, if you stand in front of the bench, the
claimant is on your left and the defendant is on your
right. The clerk sits in front of the bench and keeps
record of the proceedings during the hearing with
the instructions of the judge.

Who talks where?

Witnesses testify from the bench which is situated
in front of the clerk. The accused who are not under
detention and the claimant and defendant in civil
cases have their own places. If they have lawyers,
lawyers sit next to them.
Everybody speaks standing up, but from where they
were seated. Only the witness speaks in front of the
bench because s/he does not sit in the courtroom.

Who talks when?

Hearings go on according to a certain procedure.
The judge lets you speak when necessary.
Therefore, you should not interrupt others’ words
or speak without permission. In case you have
an urgent statement to make, you have to ask
permission from the judge. Standing up when you
speak shows your respect to the court.

Where do the witnesses sit?
To avoid possible influence from what may be heard
inside and have them tell the full truth, those who
will be heard as witnesses are not allowed in until
their turn comes. That is why there is no specific
spot reserved for witnesses. When the witness will
be heard, the court attendant calls him/her in by
name. Witnesses who give testimony could leave
the courtroom by judge’s permission.

Is everybody allowed in courtrooms?
Yes, hearings are held publicly. However, in
some circumstances required by public safety or
morality such as cases concerning minors, sexual
offenses and so on, closed sessions may be held.
This situation is to be announced in advance, no
spectators are let in and those who are inside are
asked to leave the courtroom.
8  Turkish law forums / TURKEY AND GENERAL TURKISH LEGISLATION RESOURCES / Bearing witness is compulsory ? on: November 28, 2018, 08:55:33 PM
Bearing witness (*) is compulsory ?

Yes, it is. The witness by law required to come to court upon request , testify on what he/she knows and take the oath to tell the truth. In exceptional circumstances thos who are enumerated in the law are entitled to restrain from bearing witness. This matter shall be explained below.

What is Witness?

The term witness stands for those who are known to have information on an incident but are not party to a litigation.


What if I were summoned on a matter I have no information about.

In that case, you need to explain yourself to the court that you have no information about the case and take an oath if you required.



What if I don't appear in the court?

In such case you might be forced to appear in the court by the police and required by the court to pay the expences made due to the delay you caused and you might even be sanctioned to the disciplinary incarceration.

What if I m really not in a position to appear in the court?

You must explain yourself to the court in written immidiately. In the notification you have served there must be file and docket number of the case. You need to right a petition to the court summoned you. But, remember not all kind of excuses are acceptable. Such excuses as ' Im busy' or 'I have a rendes-vous' would not be welcomed as sensible excuses.

I'm very busy, could I go to court registry beforehand and have my statements taken?

No, Witnesses must be heard by the court, you are not allowed by law to have your statements written in the registry in a day before the date set by the court.

I will appear in the court what I need to do ?

There must be the name of the court and the time and day you are summoned in the invitation you served. I would suffice you to be there in that time. When the moment of your testimony cames the bailif would cry your name. Do not get in the court room before you have been called.

Why am I not allowed to watch the hearing?

Witness is expected to be impartial and to tell the truth, in case you watch the hearing you might possible be effected or distracted by what you have heard therefore you need to wait ourside untill your turn comes. Witnesses are heard seperately but could be bring together compare the conflicting statements where necessary.

What am I required to do in the course of the hearing?

Remember taking your ID with you. When you are called in the courtroom your identification would be asked and recorded thereafter you are to be asked whether you know the parties to the case and whether you have any involvement whatsoever to the case. Answer these questions correctly. Remember the false testimony is a crime. If you know the parties or you any involvement to the case or any benefit therefrom whatsoever please explain it to the court beforehand.

What I need to say?

Tell everything you know in a clear and concise way. Please tell before hand if tell those you believe are true but you did not witnessed. For instance if you are a witnesse in a divorse case and you are asked “ Was Ahmet beating his wife” do not reply as “ yes he was beating his wife” reply instead as “ I was told by his neighbours that he was beating his wife”

What if I lie?

Perjury and false statement are crimes. In case the court believe that you were lying it would inform the prosecution office. You might well be sentenced to a time in prison and this would be registered you your criminal record. In case where the perjury revealed after the court adjourned and the verdict was rendered the court would retry the case. Beside the prison you might facea compansation claim.

Can I give my statement in written?

No, you need to appear in the court and reply the questions of the judge verbally. But in such technical questions or those about the digits you might ask permission to do so.

If you stayed back of your business schedule and spent money for transportation

You are entitled by law to get paid for the time you spent this to be decided by the court and you are as well have right to be paid for your travel expenses.

Can I go to notary instead of the court?

No. Testimony before the notary can not be replaced the testimony before the court.
9  Turkish law forums / TURKISH CRIMINAL LAW / Accused or Suspect ? on: November 28, 2018, 08:49:43 PM
Who is the accused and Who is the suspect in Turkish criminal law?

The suspect is the person being investigated due to the crime suspicion by Prosecution Office or law enforcement offices (police, gendarmerie) functioning under the auspices of the Prosecution Office. If a criminal case is brought against this person, he/she is named as an accused.
 
I have been informed thet I am a suspect of a crime. I have been called to police station or Prosecution Office? What should I do?

First of all, stay calm. Bear in mind that you are living in a state governed by the rule of law and human rights are protected by constitutional safeguards. After you inform your family and relatives, go to the relevant police station or Prosecution Office. It is for your interest to go there with your lawyer to enjoy legal councel.


I am testifying, What will happen?

Remember that you might be at the begining of the process as a result of which you can face a serious situation and you can be deprived of your freedom if your statement is being taken as a suspect. People and even public officers around you may tell you that “it is not important”, “nothing can happen” or “the prosecutor can release you now” in order to appease you. Bear in mind that these expressions are wishes of courtesy. The things you states and do in the process in which you are can lead to irreversable results. The exercise of the rights to which you are given are under constitutional guarantee. Do not hesitate to exercise your rights.

What is the meaning of taking into custody?

It means detention of the person under crime suspicion by a public prosecutor or law enforcement offices (police, gendarmerie) functioning under the auspices of the Prosecution Office upon the order of the public prosecutor for interrogation. If the person taken into detention is not released, he/she shall be brought before the judge within 24 hours from the date on which apprehension warrant is issued. Duration necessary to send the apprehended person to the closest judge or court is not included in this duration. Due to the difficulty in collecting evidence and the number of the suspects in collectively committed crimes, the prosecutor can issue written order to extend the duration of detention to 3 days.

Do I have to testify?

No. You are entitled to exercise your right to remain silent. However you are obliged to give true answers to the questions regarding your identity. Otherwise you can face criminal sanctions and measures.

What if I lie?

It is in your intrest to express the truths as they are. However nobody can force you to do so. False testimony is a crime but false testimony of the accused is not prescribed as a crime. However given that criminal justice is based on discreation of the judges and it is left to the judges to apply mitigated reasons, you should bear in mind that you can have troubles in this sense if it is understood that you have lied.

Can I change my testimony?

As you have the right to remain silent, you have the right to change what you have testified before. However you should bear in mind that repeated change of testimony can be interpreted by prosecutors or judges as a sign to lie and to manipulate the facts.

Would I get lesser punishment if I explain the facts in a different way?

Somebody can recommend you to explain the facts in a different way. Sometimes it happens that there are those sentenced to heavier punishment than it requires, since they follow these recommendations to explain the facts in a different way. For instance, an accused charged with using drugs can be sentenced to more severe punishment after being classified as a drug dealer, since he/she explains the facts in a different way to clear her/himself. For this reason, if you are not able to judge the legal process and its outcomes, this sort of attitudes can give rise to negative results rather than positive ones.

Is it a requisite to hire a lawyer?

Criminal proceedings may result in something as a result of which you may be kept in prison and deprived of your freedom. It is of your high interest to have a lawyer. If you are a suspect charged with a crime whose minimum sanction is more than 5 years in prison, it is a must for you to have an attorney. If you are not in a positon to select a lawyer, state shall assign a lawyer for you. If you are under the age of 18 or you are dump or deaf and you have no lawyer, state shall assign a lawyer for you irrespective of the crime attributabed to you.

When shall I hire a lawyer?

There is a misconception that it is not necessary to have a lawyer at law enforcement and prosecution office level. For this reason, it is observed that attorney is hired only when there is an arrest decision. The earlier the lawyer is involved in the process, the better the rights of the suspect are protected. It is not true attitude to wait until you are taken in prison in order to understand the importance of the situation.

What is arrest?

A person against whom there is strong suspicion can be deprived of his/her freedom if there is a strong crime suspicion indicating that there is an attemp to escape or to destroy, hide or change evidence, or to exert pressure on witness, victim or other in order to keep the sound functioning of criminal proceedings as a measure. Arrest is not punishmet but measure. Arrested person shall be released from the moment when conditions for arrest no longer exist. The fact that a person is on trial as an arrested accused does not necessarly mean that he will be punished at the end of the trials. Likewise, the fact that a person is arrested does not necesarrily mean that he will not be punished.

I stand trial not being remanded in custody, meaning Im not to be sentenced

This perception is completely wrong. The number of those sentenced and sent to the prisons is quite high, though they are not remanded at the beginnig. The fact that you have not been remanded does not necessarily mean that you will not be sentenced to improsenment. Even if you are not arrested, you shall appear in trials and fulfil the requriments specified by the courts as early as possible.

What does relase mean?

In principle, proceedings are held without remanding the accused in the custody. However custody is decided where the above exceptional situations exist and there is a must for this purpose. The news in the media that persons are released in progress of judicial process are presented in a way capable of giving the impression that they have been acquitted. This is a mistake. Even if a person is not remanded, he/she is still an accused and under the threat of sanction. If he/she is found guilty, he/she shall be sentenced.

Prosecutor released me, m I acquitted now?

Prosecutor does not consider every single case as a case requiring arrest. Even though some cases are serious, reasons for arrest as specified in the law do not exist. The fact that the prosecutor does not refer you to courrt for arrest does not mean closure of the case. Unless there is a non-prosecution decision given about you, your status as a suspect continues. It is possible that you can be sentenced after being tried as an accused.

What is the meaning of non-prosecution decision?

Prosecutors are not obliged to initiate a case after every investigation. He/she measure the facts with his/her legal knowledge. He/she considers whether or not there is a crime, if yes, whether or not there is sufficient evidence to identify the suspect and a case shall be opened. Non-prosecution decision shows that the prosecutor does decide not to bring a case. It is possible to appeal this decision. Victim or those suffered from the offence can apply to closest Aggravated Penal Court to abolish the decision of the prosecutor to open a case against the person concerned. The decision given by the Aggravated Penal Court upon appeal is final. It is not possible to challenge this decision.

The case is opened, What happens now?

You will be tried as an accused if a case has been opened against you. The indictment prepared by the prosecutor contain the crime attributed to you and evidence indicating that you have committed the crime. You can present every facts refuting the evedence presented. You can request to bring the documents which public authorities hold. You can identify witnesses and request for their testimony. You can present the court questions to be asked to those who testify against you. Your testimony about progress of the facts is one of the important tool before the court. Since criminal justice is based on judicial discreation, your oral defence is important. However you can present the court your arguments and evidence in written as well. Your appearance before the court is very important. If you have a lawyer and it is difficult for you to attend every trial, you can request from the court to be immune from trial in order to abstain from attending the trials.
10  Turkish law forums / TURKISH ADMINISTRATIVE LAW / How to File an Administrative Case ? on: November 28, 2018, 08:40:24 PM
How to File an Administrative Case at Turkey courts ?

What is an administrative lawsuit?

An administrative lawsuit means bringing a case against State's acts and/or actions before administrative courts.

At Which court an adminstrative lawsuit can be filed?

Adminstrative lawsuits can be filed before adminstrative courts or tax courts of first instances and the Council of State.

Where can adminstrative lawsuit be filed?

The administrative court that is located in the region of the administrative authority, which made the administrative acts shall have jurisdiction over the case.
(Provided that the general provisions regarding to subject-matter jurisdiction are reserved)
 


Where are the petitions submitted?

You should submit your petition to relevant administrative or tax court if there is any in your place. Be prepared bearing in mind the fact that court fee and cost of postage are required. It would be better if you got an estimated cost from the court before filing a case.

What should I do if there is no adminstrative/tax court in my place?

You can submit your petition to a general civil court of first instances.

I am abroad. Do I need to come back Turkey to submit a petition?

No.You can submit your petition to Turkish Consulates.

Against which decisions can be appealed before an administrative court?

An adminstrative lawsuit can be filed against Administrative acts and/or actions which are carried out by and adminstrative institution ( a public body;state, municipality etc.) The act in question must also a definite one. The act is deemed not be definite if it still continues or needs an approval by other authority or there is a compulsory objection procedure available before an administrative authority. If so,compulsory administrative objection procedures must be exhausted.
If you deem that your rights have been violated by an administrative action, you must apply to the relevant administration for the rectification of the situation within a year from the notification or the date they learn the action by another way and in any case within five years from the action, before bringing a lawsuit.

What's the time limit for bringing a lawsuit?

The time limit to bring an action is sixty days for the actions brought to the Council of State and administrative courts, thirty days for the actions brought to the tax courts, unless otherwise stated in the specific Act

What can I do if a notification has not been made?

In case that you have made a request to administrative authorities for the implementation an act or taking an action that may be the subject of a lawsuit and If the request is not replied within sixty days, it shall be deemed to be dismissed. In this case, the time limit for the action runs from the date after you have made the request.

If response from the administration is not final or vague what can I do?

If the response given by the authorities within sixty-day period is not final, you may either regard this response as dismissal or you may bring an action regarding this response as dismissal or you may wait for the final response. In this case, the time limit for the action shall not run. However, the waiting period cannot exceed six months from the date of the response. However, after expiry of 6-month period if you do not bring a lawsuit within 60 day you will lose your right to bring a lawsuit.

What happens if you have not received a notification?

It is likely that the notification has been made via proclamation since you have not been found in your adress. In this case the time limit runs from fifteen days after the date following the last day of proclamation.

What happens in case that you have filed against an uncompleted indefinite administrative decision?

In case that you have filed a suit for an non-final administrative decision your petition is referred to the authorised administrative authorities. In other words your pettion is regarded as a petition adressed to the authorised administrative authority instead of one submitted to the court.

What should your case petition involve?

1-Your name, surname, ID no, open adress
2- Other party's open adress
3-Provided that they have written as clearly and summarily possible,
a- Subject matter
b- Reasons of the case
c-Your ultimate aim to bring the lawsuit
d- Legal basis
e- Your evidence
i- Enumerate your evidence in a form of a list attached to the petition
ii- Explain clearly how to obtain other evidence that you do not have at that moment
iii. The day of notification of the administrative act
iv.In tax actions, type and year of the relevant tax or tax penalty, date and number of the demand note, account number of the taxpayer, if available,
h- Relevant case law, if available ( examples of final court decisions which are similar to your case)

How should your petiton be prepared?

Your petition is your most important tool for your case. If it is too long or includes too many unnecessary details, it may harm your argument.If it is too short omitting the vital legal points that may also be a disadvantage for your claim. Thus, it is your responsibilty to ensure that your petition has been prepared carefully. İf would be better if you had an advice from a lawyer.

Is it compulsory to be represented by a lawyer before administrative courts?

No. Everyone is entitled to bring a case before a court on matters concerning him/her. However,you need to take into account of the fact that bring an action before a court may lead to serious consequences. Moreover, if you are not able to cover court expenses in the context of “legal aid” procedure, you are entitled to apply to Bar Association of your city for a lawyer to be appointed free of charge for your defence.

How is a lawsuit filed?

Apply to the relevant court with your petition containing above mentioned matters. Having calculated them, court clerks will inform you about court fee and postage expenses which you must pay for. Once you have submitted your pettion to court clerical office along with receipt for the fee and cost of postage, your case is considered to be commenced. The document that will be given to you, contains the name of the court in which your case will be handled (ie. Istanbul 2. Administrative Court of First Instance) and the case number. The case number consists of two parts: the first part shows which year your case has been commenced while the second part indicates which number your's is among the whole cases that has been commenced in that year within that court.( ie. 2019/123) After that, you will have to keep the case number and use them in every transaction regarding your case ( ie. Ankara 2. Administrative Court of First Instance 2019/456)

What happens if my adress has been changed?

The court communicates with your via postal service. Thus, when your adress has been changed you must inform the court of your new adress with a petititon as soon as possible. If you are not found at your adress you are not be able to communicate with the court,.Then, you are not able to fulfil likely request to be made by court. In that case it is decided that the action has not been brought since you have not pursued your case.

Do the administrative acts automatically stop once an administrative suit brought against it?

Bringing an action to the Council of State or administrative courts shall not prevent the execution of the administrative act which is the subject of the actio n. You must request the court for a stay of execution to be granted. If the Court decides that implementation of an administrative act will result in damages which are difficult or impossible to compensate for, and if this act is clearly unlawful, it decides to stay the execution of the act.

What does “ the stay of execution” mean?

This notion correspons to the stop of the administrative act against which you have brought an lawsuit. For instance, your house has been decided to be demolished by the local municipality.In this case you file a lawsuit aganist the administrative act before an administrative court with the aim of annulment of the act alleging that the decision in question is unlawful. Since just filing a suit itself does not automatically stop the execution of the act. You must request the court a stay of execution be granted. Otherwise, the act may be executed by the municipality resulting the demolition of your house. In that case, if you were found to be right or you won the case the justice has still not been administrated.Therefore in order to avoid this consequence you need to request a stay of execution decision from the court. In the same way, Putting the expression of “ Stay of execution has been requested”to both “subject” and “final request” parts of your petition is vital.
11  Turkish law forums / TURKISH CRIMINAL LAW / I Want to Lodge a Complaint on: November 28, 2018, 08:34:35 PM
How to Lodge a Complaint?

I am a victim of a crime, I want to file a criminal case!
The authority to file a case in criminal courts belongs to the Public
prosecutors. If you are a victim of a crime, upon your complaint
to the public prosecutor, he will conduct an investigation and file
a criminal case on behalf of the public if he deems necessary.

Which issues cannot be complained to the Public Prosecution
Office?

The complaints made to the Public Prosecution Offices should
always be related to a crime. Civil cases such as payment of rent,
divorce or failure to pay a debt are not within the competency of
the public prosecution office. For those issues, application should
be made to the civil courts. It may be useful if you consult to a
lawyer thereon.

How to lodge a complaint?
A complaint is informing public prosecution office or law
enforcement agencies (police, gendarmerie) about the crime
that you have been exposed to, the name of the perpetrator/s,
if you know, and explicit declaration of your request concerning
the punishment of the perpetrator/s. It will be useful to bring a
petition describing the incident with you, but not compulsory.

What will happen if my complaint is not real?
The incident that you have complained should occur or the
person you have complained should be the suspect of the said
crime in reality, at least there should be reasonable justification
for you to think in this way. In case you file a complaint on
purpose on an incident which has not happened, you may be put
under investigation due to creating “false charges” and in case
you complain about someone who you know not have committed
a crime, you may be put under investigation due to “libel”.

What should I do?
Civil cases are filed and resume upon the will of the parties.
However, criminal cases are initiated on a request made on behalf
of the public and the public prosecutor is the party of the case
on behalf of the public. Therefore, procedures are simpler when
compared to that of civil cases. It is sufficient that one (you)
notifies the crime to the authorized bodies. It is not likely that you
are deprived of your rights because of the procedure as it is the
case in civil courts.

Can I Participate in the judicial process?
Trial is conducted on behalf of the public in criminal cases.
However, the state entitles you to a certain extent to participate in
the trial process with the prosecutor since you are the victim of a
crime. If you file a complaint or participate in the case, then you
are entitled to be involved in certain proceedings.

What is the Difference Between the Victim and the Complainant?
Victim is the person whose rights have been violated by
commission of a crime. The requests of the victims from the state
to punish the perpetrators are called “complaint”. Every victim is
not always a complainant. Therefore, this distinction exists.

What Will Happen if I do not complain?
Sentence of some petty crimes is based on the complaint of the
victim. However, complaint is not necessary in the punishment
of serious crimes. The perpetrator is sentenced even if the victim
does not file a complaint. However, the victim who does not
complain cannot benefit from some civil rights.

Is Complaint and Notice the same?
Whenever a crime is committed, public order is distorted.
Therefore the public empowers the public prosecution office to
prosecute the crimes. Everyone may inform the law enforcement
agencies or public prosecution offices about a committed crime.
Complaint is a right granted to victims; however notice may be
filed by everyone. Complainant may participate in the trial, but the
owner of the notice has no right to do this.

What is Intervening to the Trial?
When a public case is filed, complainant may intervene in the
trial and may be a party to the judicial proceedings. Intervention
is a procedural transaction and it is conducted by declaring
your intention to the court. If the court approves the request
then intervener becomes party to the judicial proceedings. For
instance, the intervener may present a witness, ask questions to
witnesses via court, and appeal against the decision. Intervention
does not mean to be present at every hearing. It means to be a
party to the case in the procedural sense.

Is a lawyer necessary?
Public officials deal with the necessary transactions on behalf
of the victims or those affected by crime. If the victim or the
person affected by crime is a minor, deaf or mute, or mentally
disabled, an attorney will directly be appointed for them. It is always
advantageous for you to represent yourself by a lawyer but it is
not compulsory. Victims of sexual crimes and of the crimes that
have a lower limit more than 5 years of imprisonment may ask for
a free lawyer from the bar provided that they have an intervener
status in the case. When the victim or the person affected by
crime is a minor, deaf or mute, or mentally disabled and s/he
cannot defend himself/herself, it is a legal obligation that they
are represented by a lawyer. In case they have no lawyer, the
bar appoints one for them. Fee of these lawyers is paid by the
one who loses the case or assumed by the state in case of an
acquittal.

How can you enjoy your right to conciliation?
The public prosecutor invites the perpetrator to public prosecution
office in cases where the law allows. He asks if the perpetrator
accepts the liability arising from the concerned crime. In case
the perpetrator accepts the crime as well as paying the whole
or important part of the material and moral loss arising from
the concerned action or compensating the losses, you will be
notified thereon. In case you accept with your free will that your
loss is compensated partially or completely and declare that you
reconcile, there will be no further prosecution.
12  Turkish law forums / TURKEY AND GENERAL TURKISH LEGISLATION RESOURCES / A Notification Document Came From the Courthouse? on: November 28, 2018, 08:25:54 PM
A Notification Document Came From the Courthouse !

Every “document” which comes from the courts, public prosecution
office or civil enforcement offices is sent to inform you about an
official process. The document which is sent by these authorities is
called “notification”.

What should I do when a letter is sent by the courthouse?

When you read the letter carefully, you will see it contains all the
necessary information. If you think that the information in the
document is complicated or incomprehensible, you can ask advice
from a lawyer. If you take the notification and go to the courthouse,
the Information Desk staff will help you as well. Keep in mind that
every document sent by the courthouse is sent for an official purpose
and most probably, it is a time limited document.

What is the notification for?

The notification is sent in order to inform you on a judicial process.
The State informs you when your testimony or help is needed
concerning an issue which may be against or in favour of you and
expects you to protect your own rights or tell about your information
or experiences or submit your complaints. Do not forget that the
notification may be about any subject. The notification may be sent
for various reasons such as inviting you to the court as a witness,
informing you that an enforcement (seizure) procedure has been
initiated against you because of your unsettled debt or informing you
on the date of a hearing and so on. The court or authority which
sends the notification or its purpose is indicated on the document.
Please read it carefully.

How can I understand who sent the notification?

The name of the sender is written on the top left corner of the
notification. For instance, the 2nd Civil Enforcement Office of
Istanbul or Civil Court of First Instance of Ankara. Furthermore,
there is a number indicating the type of action. This number is called
registration number.

What is registration number?

The courts give a separate number for each file in order to carry
out the proceedings in an organised way. This number is called
registration number and abbreviated as “E”. There is a simple logic
behind this number. The first part of the number shows the year in
which the case is filed and the second part indicates the sequence
number of that case among all the cases filed in the same year. It
is indicated in this way: “E:2019/20” or “E:19/20”. Since each court
gives a separate number, the files are named with the name of the
court. For instance, Assize Court of Istanbul E:2018/2020.

What should I do with the notification?

You must keep the notification. You will need the information on it.

I received the notification, what if I do not do anything?

There is a wide-spread misperception among the society that “judicial
process does not start, if I don’t do anything although I receive the
notification”. Whatever you do, do not make the mistake of doing
nothing after you receive the notification. When the notification finds
you, the judicial action starts. Keeping silent means you endanger
your own rights. In civil courts, when you do not respond to the
lawsuit against you, it is supposed that you deny all the claims.
However, when you do not follow the case, it means that you waive
many of your rights such as submitting evidence to the court and
responding to the evidences presented by the other party. In case
you do not do anything after receiving notifications such as “payment
orders” from civil enforcement offices, it may result in various
losses of rights.

What happens if I do not take any action?

Keep in mind that the State does not let the things be delayed. Each
action has its own duration. The moment you receive the notification,
the duration of that certain action starts. You may lose your right to
object, you may lose your rights, you may get into debt, you may be
assumed that you accept the debt, even in some cases you may be
taken by force by the police.

They left the notification to the neighbourhood governor, what if I do
not receive it?


If you are not at home, an information paper is left to the door and the
notification is left at the office of the neighbourhood governor. The
day on which the notification is left to the neighbourhood governor
shall be assumed as the date you receive it. Even if you do not receive
it physically, the legal process starts. All undesirable circumstances
which are mentioned above may happen to you.

They sent the notification to my previous address; I was not informed
about it!


In case of a change of address, it is your responsibility to declare the
new address to the relevant authority. If you do not declare your new
address, the notification is sent to the address which is registered in
the Civil Registry Office. Therefore, you should always submit your
updated address to the Civil Registry Office.
Even if you have never resided in or moved from the address
registered in the Civil Registry Office, the notification letter is given
by signature either to the head of district - a member of the district
council or municipal police commander - officers. Furthermore, the
delivery address is written on the notification letter and this letter is
taped on the door of the concerned address. The date on which the
notification is taped to the door is regarded as the notification date.
In case you have no registered address in the Civil Registry Office,
a copy of the notification is left to the door of the previous address
and that date is regarded as the notification date. After this date,
notifications made to your previous address are deemed to be made
to the addressee.
13  Turkish law forums / TURKEY AND GENERAL TURKISH LEGISLATION RESOURCES / File a case on: November 28, 2018, 08:06:06 PM
How to file a case (*) in Turkey?

A case is filed through a petition submitted to the court registry, what a petition should contain is stated below: a civil case is filed once you attached to your petition the receipt indicating that you paid the postal costs and the trial fee.

(*) Filing a case

Filing a case means to claim a right suing a person or an agency before a court. In case you have subjected to an unfair treatment the court shall intervene and deliver your right after they tried the case.


Filing a case is simple such as that ?

Yes, all it takes to file a civil case is to deliver the petition to the court registry with postal costs and legal fee receipt attached. Despite it seems too easy its a highly formal procedure entails severe legal consequences and huge financial burden.
Remember. Despited the filing phase is simple as that. The entire process is extremely severe and sometimes could be time consuming.

How long an avarage case takes?

According to the statistics of the Justice Ministry. In 2007 it took 202 days to try a case, that changes from court to court. For instance, a case filed in Intellectual Property Civil Court has been tried in 619 days, that figure changes In the Commercial Court as 410 days, In labor Courts as 441 days, in Family Courts as 157 days, in Civil Courts of Peace as 108 days.

Is it better if I dont file a case?

It your constitutional right to apply to courts and seek justice. Do not refrain from exercising your rights. But in doing so it would be in your favor to you deeply assess before you launched thep process. the possible consequences in terms of winning and loosing and prospective financial consequences when you lost.

Where should I file the case?

You should file the case in the competent and assigned courts. Since the question as to which court is competent and assigned has no short cut answer and filing a case in an incompetent court would possibly result in time and money losts, you'd better consult to and advocate and ask for professional help.

What should I know before filing a case?

If you are not in a position to afford a lawyer ask your selves the questions below:
•Are you sure you are informed well enough to file a case?
•Are your determined as to pursuing your case? Ignoring the presence at the court once you filed a case results in the
 case being deemed unfiled.
•Have assessed the negative consequences in case you loose the case? If you hired a lawyer you'd better ask him/her to inform you on that
•How much the case would cost to you?
•What is the avarage amount of the additional costs in case you loose (legal fee, trial costs, lawyer costs etc)
•Is there any other way available to fix the unfairness you have been through.


The overall layout of a petition :

The petition is the key tool in a civil case. State your case touching the core issues. Writting longer than necessary, giving room to unnecessary detailes, mentioning irrelevant people could damage your case. Likewise a petition written way shorter than necessary and skipped the core aspects , would harm the case as well. Therefore the petition should be drafted in due diligence. Drafting your petition title by title, listing your evidences, putting your attachements in order would be in your favor.

What a formal petition should contain?

• Name
• Surname
• ID number
• Plain address
• Name and surname ID number ( if possible) of the defendant,
• Title if its an agency
• The subjectmatter of the case
• The reason why you file the case
• The claim
• The legal grounds you based on
• Evidences
• The date of the incident has occured and the date you have found out.
• Jurisprudences of the supreme court ( if possible) and samples of previously tried cases.

Is it compulsory to hire a lawyer?
No, it is not. Remember an attorney would be of great help in the course of a litigation. In case you are not sure that , you are well informed in litigation and procedural law consult to a lawyer. If you are not in a position to afford a lawyer remember that you are entitled to a pro bono lawyer. To get that free legal aid. You need to apply to the bar association of your city, For more information please see. the legal aid brochure

How much cost to file a case , expensive or cheap?
Yes, Filing a case could sometimes be expensive, legal fees are not so high in comparison to the fees in Europe. But still depending on the nature and the time to be invested. Expenditures could get higher than estimated. You should get ready to the unexpected expenditures and find out what the possible expenses are. In the course of the trial legal expenses are demandend from the claimant. In case you dont pay the legal fees court by law would find that you vaiwed your right to file a case and that would be harmful for your case.

Could I be reimbursed?
If you win the case at the end the court would decide that the expenditures you made to be paid by your opponent. But remember only the court fees to be paid to you. The such expences as made in preparation to the case, transportation expenses and the
the wage you paid to your council shall not be reimbursed.

Am I entitled to enforce my right directly?
No, You need the judgment be finalised and the court fee decreed in the judgment must be paid and the judgment should be served to your opponent. The parties have right to appeal the decision. In case one of the parties appealed the decision. the decision shall become final after that stage is over.
14  Turkish law forums / TURKISH ADMINISTRATIVE LAW / Re: Special Provincial Administration Act - No:5302 on: September 15, 2010, 02:50:10 AM
   Inapplicable provisions
   Article 70 — As regards the duties and services to which the special provincial administration is assigned, in the case of discrepancies between this Act and the General Public Health Law No. 1593 of 24.4.1930, Law No. 2559 on the Duties and Powers of the Police dated 4.7.1934, Provincial Administration Act No. 5442 dated 10.6.1949, Law on Charges No. 492 dated 2.7.1964, Public Servants Act No. 657 dated 14.7.1965, Reconstruction Law No. 3194 dated 3.5.1985, Law No. 3572 on Amendment and Adoption of the Decree on Licenses for Opening Workplaces and Working Licenses dated 3.5.1985, Law No. 5179 on Amendment and Adoption of the Decree on Production, Consumption and Inspection of Foodstuff dated 27.5.2004 and the Highway Transportation Law No. 4925 dated 10.7.2003, provisions of this Act shall prevail.
   Repealed provisions
   Article 71 — The Special Provincial Administration Act of 13 March 1329 and the annexes and amendments to this Law shall be repealed.
   Provisional Article 1 — Election of presidential board of the assembly to be made in accordance with Article 11 of this Act shall be made within one month at the latest from the publication of this Act.
   The existing provincial council shall continue to serve until a council in accordance with Article 25 of this Act is set up.
   Provincial Article 2 — Creation and cancellation of officer seats/offices until the norm staffing is introduced in special provincial administrations and affiliated organizations as well as local administrative bodies shall be made upon a Council of Ministers Resolution in consultation with the Ministry of Finance and State Personnel Department and upon a proposal from the Ministry of Internal Affairs. Permanent worker offices and temporary worker positions shall be subject to the endorsement of the Ministry of Internal Affairs within this period.
   Provisional Article 3 — The six-month period for the development of strategic plans provided for in Article 31 of this Act shall be applied as one year for initial strategic plans that are required to be developed following the entry into force of this Act.
   Entry into force
   Article 72 — This Act shall enter into force on the date of its publication.
   Enforcement
   Article 73 — Provisions of this Act shall be enforced by the Council of Ministers.
15  Turkish law forums / TURKISH ADMINISTRATIVE LAW / Special Provincial Administration Act - No:5302 on: September 15, 2010, 02:47:12 AM
SPECIAL PROVINCIAL ADMINISTRATION ACT
 
Act No.   : 5302
Adopted on    : 22.2.2005
Official Gazette   : 04/03/2005 - 25745

SECTION ONE
General Provisions
PART ONE
Purpose, Scope and Definitions
   Purpose
   Article 1 — The purpose of this Act is to lay down incorporation, branches, management, duties, powers and responsibilities as well as the procedures and rules applicable to the functioning of the special provincial administration.
   Scope
   Article 2 — This Act applies to the special provincial administration.
   Definitions
   Article 3 — For the purposes of this Act,
   a) ‘special provincial administration’ shall mean the public entity enjoying administrative and financial autonomy, which is set up to meet the local and common needs of the people dwelling in the province, and whose decision-making branch is elected and made up by electors,
   b) ‘branches of special provincial administration’ shall mean the general provincial assembly, the provincial council and the governor.

PART TWO
Incorporation and Boundaries of Special Provincial Administration
   Incorporation
   Article 4 — Special provincial administration shall be incorporated through the act on the incorporation of the province, and its legal nature shall come to en end upon the termination of the province.
   Jurisdiction of the special provincial administration
   Article 5 — The jurisdiction of the special provincial administration shall include the provincial boundaries.

PART THREE
Duties, Powers and Responsibilities of the Special Provincial Administration
   Duties and responsibilities of the special provincial administration
   Article 6 — The special provincial administration shall have the duty and entitlement to do the following, provided that they are of a local and common nature:
   a) Within provincial boundaries: services relating to health, agriculture, industry and trade; environmental arrangement plan of the province, public works and housing, protection of soil, prevention of erosion, social services and assistance, granting micro loans to the poor, nurseries and orphanages; procurement of plots of lands for primary and secondary education schools, and the meeting of their needs for the construction, maintenance and repairs of their schools,
   b) Outside provincial boundaries: services relating to reconstruction, roads, water, sewage, solid wastes, environment, emergency assistance and rescue, culture, tourism, youth and sports affairs; supporting forest villages, afforestation, and establishment of parks and gardens.
   Environmental arrangement plan of the province shall be performed under the coordination of the governor, and in cooperation with metropolitan municipalities in metropolises, and with the provincial municipality and special provincial administration in other provinces. Environmental arrangement plan of the province shall be approved by the municipal assembly and the general provincial assembly.
   The order of priority to be followed in providing the services shall be determined in view of the financial status of the special provincial administration, the urgency of the service concerned and the level of development of the locality.
   Services of the special provincial administration shall be provided in the places nearest to the citizens and through the most appropriate methods. In the provision of services, methods responsive to the status of the disabled, the elderly, the poor and the people with limited incomes shall be applied.
   Coordination aimed at an integral and coherent provision of services between other local administrations and public institutions shall be ensured by the governor of that particular province.
   Powers and responsibilities vested in the Ministry of Industry and Trade and organized industrial zones by the Organized Industrial Zones Act No. 4562 are not subject to this Act.
   Powers and privileges of the special provincial administration
   Article 7 — Powers and privileges of the special provincial administration are:
   a) Carrying out any activities to fulfill the duties and services assigned to it by laws, and issuing and supervising the authorizations and licenses specified in laws for the activities of natural and legal persons.
   b) Issuing regulations, issuing orders, introducing and implementing prohibitions and imposing the punishments set out in laws within the framework of the power vested in the special provincial administration by relevant laws.
   c) Purchasing, selling, renting and renting out, exchanging or establishing limited rights in kind on real properties and chattels, with a view to providing the services.
   d) Borrowing and accepting donations.
   e) Deciding on the settlement of litigated disputes up to twenty five billion Turkish Liras, insofar as they are excluded from taxes, levies and charges.
   f) Imposing, assessing and collecting taxes, levies and charges of the special provincial administration in pursuance of special legislation.
   g) Licensing and supervising the non-sanitary institutions as well as public refreshment and recreational facilities.
   Special provincial administration may organize public opinion polls and research with a view to identify the opinions and thoughts of the people.
   Those who perpetrate offences to the detriment of the properties of the special provincial administration shall be deemed to have perpetrated those offences against the State-owned properties.
   Revenues of the special provincial administration, generated by way of borrowing in consideration of projects, its taxes, levies and charges, conditional donations and its properties used directly for public services may not be seized.
   Exemptions granted to the special provincial administration
   Article 8 ­ — All non-profit-oriented real properties of the special provincial administration, which are allotted for public use or open to public benefit, and their construction and use shall be exempt from any taxes, levies, charges and contributions and participation shares.

SECTION TWO
Branches of the Special Provincial Administration
PART ONE
General Provincial Assembly
   General provincial assembly
   Article 9 — The general provincial assembly is the decision-making branch of the special provincial administration and is composed of the members elected by the electors in accordance with the rules and procedures specified in the relevant legislation.
   Duties and powers of general provincial assembly
   Article 10 — Duties and powers of the general provincial assembly are:
   a) Discussing and deciding on strategic plans and investment and work programs, activities of the special provincial administration and the performance criteria for its personnel.
   b) Accepting the budget and the final account, making transfers in the budget between the units for which institutional coding is made and the initial levels of the functional classification.
   c) Discussing and deciding on the environmental arrangement plan of the province as well as the development (reconstruction) plans of the areas outside the municipal boundaries.
   d) Deciding on borrowings.
   e) Deciding on the establishment of partnerships subject to the Turkish Commercial Code with the establishments under the budget, or the termination of such partnerships, and on capital increases and establishment of real property investment partnerships.
   f) Allowing purchase, sale, exchange, allotment, and modification of the manner of allotment of real properties or conversion of an allotted real property into leased accommodation; deciding on the renting of the same for more than three years and establishment of rights in kind on such property, provided that they do not exceed twenty five years.
   g) Accepting conditional donations.
   h) Deciding on the agreed settlement of disputed special provincial administration receivables from five billion to twenty five billion Turkish Liras, which are excluded from taxes, levies or charges.
   i) Deciding on the award of concessions on behalf of the special provincial administration and performance of the special provincial administration investments on build & operate, or build, operate & transfer bases, and the privatization of companies, establishments and participations of the special provincial administration.
   j) Selecting members of the council as well as members of the specialization commissions.
   k) Adopting the resolutions to be issued by the special provincial administration.
   l) Deciding on the development, cancellation and change of the seats of the special provincial administration and its affiliated organizations within the framework of the standard staffing procedure.
   m) Deciding on mutual cooperation with local or foreign local administrations and unions of local administrations.
   n) Deciding on the establishment of unions with other local administrations, participating in or leaving already-established unions.
   o) Determining the price tariff to be applied to services subject to the discretion of the relevant parties, which are not included in the duties and services entrusted to the special provincial administration by the laws.
   Presidential board of the assembly
   Article 11 — General provincial assembly shall convene spontaneously on the fifth day following the announcement of the election results. This meeting shall be presided over by the oldest member. The Assembly shall elect the president of the assembly and second vice-presidents, and four clerk members, two of them being alternate members, in such meeting for two years among from its members and through secret ballot. The presidential board to be elected following the first two years shall continue to serve until the first local administration elections.
   Election of the presidential board of the assembly shall be completed within three days.
   Where the seat of the president of the assembly or the presidential board is vacant, such vacant seat shall be filled to complete the remaining term of office.
   The general provincial assembly shall be chaired by the president of the assembly, or the first vice-president, in his/her absence, or the second vice-president in the latter’s absence.
   President of the assembly shall be required to ensure the order in the studies of the assembly.
   Rules and procedures to apply to the operations of the general provincial assembly shall be laid down in a regulation to be issued by the Ministry of Internal Affairs.
   Assembly’s meetings
   Article 12 — The general provincial assembly shall convene in the customary place of meeting on a date set by the general provincial assembly in the first week of every month, except the one-month holiday to be determined by the assembly. The meeting of November shall be the opening meeting of the term.
   Duration of the meeting coinciding with the budget negotiations shall be twenty days at most, and other shall last five days at most.
   Where convention at a place other the customary one proves obligatory, meeting shall be held at a place to be selected by the president of the assembly, provided that members and the governor is informed in advance. Furthermore, the place and date of the meeting shall be made public through customary methods.
   Meetings of the general provincial assembly shall be open. Upon a reasoned proposal of the president or any member of the assembly, closed session may be agreed by the absolute majority of the attendants of the meeting. Absolute majority shall mean the majority which is no less than half of a certain number.
   Meetings of the general provincial assembly shall be recorded by the officials in minutes, which is to be signed by the president and clerk members. Meetings may be recorded by means of audio or visual devices upon the decision of the assembly.
   Staff of the special administration or the chief officers of the public institutions and organizations in the province may be invited to meetings of the assembly, in regard to the issues on the agenda, and their opinions may be obtained.
   Agenda
   Article 13 — The agenda shall be set out by the president of the assembly and be communicated to members in advance of at least three days. Matters proposed by the governor shall be placed on the agenda. The agenda shall be made public via various means.
   Members of the general provincial assembly may propose the placement of issues concerning works of the special provincial administration on the agenda. Such proposal shall be placed on the agenda, if it is accepted by the absolute majority of attendants of the meeting.
   Quorum for meeting and decision
   Article 14 — The general provincial assembly shall convene with the absolute majority of the whole number of members and take its decisions by the absolute majority of the attendants. However, the quorum for decision may not be less than one-fourth of the whole number of members. In case of equality of votes, the party for which the president of the assembly votes shall be deemed as the majority. In case of equality of votes in secret ballots, voting shall be repeated, and lots shall be drawn by the president of the assembly in case the equality is maintained.
   If the majority of whole number of members is not attained in the meetings of the assembly, the president shall adjourn the assembly, setting the date and time of the next meeting to be held within three days at the latest. The next meeting shall be held by a number of members which is no less than one fourth of the whole number of members.
   If during the meeting it is found that the quorum for decision is not attained in a counting to be made upon the request of the president or members, provisions of paragraph two shall apply.
   Members shall cast their votes in person. Members who are physically disabled to cast secret votes may cast their votes by the hand of persons they will designate.
   Voting shall be made either secretly, or by signs or by reading names. Voting shall be accepting,
rejecting or abstaining.
   Decisions shall be signed by the president and clerk members of the assembly, and be distributed to members in the following meeting.
   Finalization of assembly decisions
   Article 15 — Full texts of the decisions taken by the general provincial assembly shall be forwarded to the governor within five days at the latest. The governor shall be entitled to return the decisions s/he finds contrary to the law to the general provincial assembly within seven days, stating the grounds therefor, so that they are discussed again. Assembly decisions not submitted to the governor shall not enter into force.
   Decisions not desired to be discussed again and those which are desired to be discussed again but are insisted on by the absolute majority of the whole number of members of the general provincial assembly shall finalize.
   The governor shall be entitled to contest the decisions finalized through the insistence of the assembly in administrative courts.
   Summaries of the decisions taken by the general provincial assembly shall be made public through various ways within seven days subsequent to the meeting at the latest.
   Specialization commissions
   Article 16 — During each opening meeting, the general provincial assembly may set up specialization commissions to comprise minimum three and maximum five persons to be selected from among the members. Planning and Budgeting, and Reconstruction and Public Works commissions may comprise seven persons at most.
   Specialization commissions shall be composed by way of proportioning the number of members of each political party group and independent members in the general provincial assembly to the whole number of the assembly. It is obligatory to set up the education, culture and social services commission, the reconstruction and public works commission, the environment and health commission and the planning and budgeting commission.
   Working times of the commissions other than the reconstruction and public works commission shall be limited to the duration of meeting of the assembly. Following the assembly meeting, the reconstruction and public works commission shall convene for maximum ten working days, and other commissions shall convene for maximum five working days, and they shall conclude the works entrusted to them. If the report is not submitted to the assembly at the end of this period, the issue shall be directly put on the agenda of the assembly by the president.
   District administrators and the chief officers of the public organizations in the province and the professional organizations in the capacity of public institutions, universities and labor unions as well as quarter and village administrators, and non-governmental organizations may participate in and express their opinions to the meetings of specialization commissions where issues falling under their jurisdiction and scope of activity are discussed, but they shall not have the right to vote.
   Works falling under the jurisdiction of specializations commissions shall be discussed in these commissions and they shall be concluded in the general provincial assembly.
   The commission may utilize experts in its studies.
   Commission reports shall be accessible, be made public via various means and may be provided to those who request them in return for a price to be fixed by the general provincial assembly.
   Supervision commission
   Article 17 — During the meeting held in January of every year, the general provincial assembly shall set up a supervision commission with minimum three and maximum five members from among its own members to be selected through secret ballot with a view to the supervision/ auditing of income and expenditure as well as accounts and transactions of the special provincial administration. The commission shall be composed by way of proportioning the number of members of each political party group and independent members in the general provincial assembly to the whole number of the assembly
   The commission shall carry out its activities in a place determined by the governor within the special provincial administration’s building, may utilize expert persons and organizations and also the staff of public institutions upon the approval of the governor. Information and documentation requested by the commission must be provided on condition that they are returned.
   The commission shall complete its studies until the end of February and submit its relevant report to the president of the assembly until the fifteenth day of the succeeding month.
   As regard the issues constituting offences, the presidency of the assembly shall indict before competent authorities.
   Procedure followed by the assembly to gather information and conduct supervision
   Article 18 — The general provincial assembly shall exercise its power to information and supervision by means of questions, general meeting and assessment of activity reports.
   Assembly members may ask verbal or written questions for issues regarding the activities of the special provincial administration, making motions to the presidency of the assembly. The question shall be responded to by the governor or a person to be designated by him/her verbally or in writing.
   At least one third of the general provincial assembly may file a request with the presidency of the assembly to hold a general meeting for a matter regarding the activities of the special provincial administration. Such request shall be placed on the agenda, only if it is accepted by the assembly.
   During the March meeting, the governor shall submit the activity report of the preceding year to the assembly.
   If the explanations in the activity report are not satisfactory to three-fourths of the whole number of members of the assembly, the minutes including the lack of quorum and the discussions made shall be sent by the President of the Assembly to the Ministry of Internal Affairs, so that the required action is taken.
   Meetings closed to the attendance by the president and members of the assembly
   Article 19 — The president and members of the general provincial assembly may not attend the meetings in which issues relating exclusively to them or their blood relatives, including the second degree, and relatives-in-law.
   Obligations of members of the assembly
   Article 20 — Members of the general provincial assembly may not undertake commitments, be involved in brokerage and representation works for the special provincial administration and its affiliated organizations during their term of office and for two years after their term of office expires.
   Expiry of term of office as a member of the assembly
   Article 21 — Membership in the general provincial assembly shall be automatically expire upon death and resignation.
   For members who attend three consecutive meetings or half of the meetings held in a year without an excuse or leave, the absolute majority of members may decide on the termination of their membership after taking their defense is heard.
   Where eligibility to be selected as a member of the general provincial assembly is somehow lost, the Council of State may decide on the termination of the membership upon the notification of the governor.
   Dissolution of the assembly
   Article 22 — The general provincial assembly shall be dissolved by a Council of State decision upon the notification of the Ministry of Internal Affairs if:
   a) it neglects the duties entrusted to it within the due time and this causes delays in the works of the special provincial administration,
   b) it takes decisions on political issues that are not relevant to the duties entrusted to the special provincial administration.
   Where the Ministry of Internal Affairs deems necessary, it may request that meetings of the assembly are postponed until a decision is taken, along with its notification on the dissolution of the assembly. Council of State shall decide on the postponement of meetings within one month at the latest.
   The assembly to succeed the dissolved assembly shall complete the remaining term of office.
   Performance of the duties of the vacant assembly
   Article 23 — Where
   a) The general provincial assembly is dissolved by the Council of State or its meetings are postponed,
   b) Its number of members is less than the whole number of members even after alternate members are brought,
   c) It is temporarily suspended,
   d) More than half of the whole number of the assembly is arrested,
   functions of the general provincial assembly shall be fulfilled by the incumbent members of the council, until the assembly restores to its former operable condition or the new assembly is elected.
   Attendance fees and other social rights of members of the assembly
   Article 24 — For each day of attendance in assembly meetings, the president of the general provincial assembly shall be paid an attendance fee to be found by multiplying the indicator 2600 by the coefficient applied to public servant salaries; and other members of the assembly shall be paid an attendance fee to be found by multiplying the indicator 2200 by the same coefficient.
   Members of the general provincial assembly shall be deemed on leave while they are sick. Furthermore, they may be given leaves not exceeding the half of the meetings held within a year, provided that they have reasonable excuses.

PART TWO
Provincial Council
   Provincial council
   Article 25 — The provincial council shall be chaired by the governor and comprise five members to be elected by the general provincial assembly every year from among its own members for one year through secret ballot and five members to be selected by the governor every year from among the chief officers, one being a chief officer of the financial services unit.
   Meetings of the council not attended by the governor shall be chaired by the secretary general.
   As regards the issues on the agenda, concerned chief officers may be invited to the meetings of the council by the governor, for their consultation and without any right to vote.
   Duties and powers of the council
   Article 26 — Duties and powers of the council are:
   a) Reviewing strategic plans and the annual work program as well as the budget and the final accounts, and declaring its opinion to the general provincial assembly.
   b) Taking and implementing the expropriation decisions regarding the works included in the annual work program.
   c) Determining the places of expenditure under the appropriation allotted for unforeseen costs.
   d) Making transfers between the second levels of the functional classification in the budget.
   e) Imposing the penalties foreseen in laws.
   f) Deciding on the amicable settlement of disputes up to five billion Turkish Liras, which are excluded from taxes, levies and charges.
   g) Implementing the decisions on the sale, exchange and allocation of real properties, and deciding on their renting provided that the duration is no more than three years.
   h) Determining opening and closing hours of public places outside the municipal boundaries.
   i) Declaring  opinions on the issues referred by the governor.
   j) Fulfilling other duties assigned by laws.

   Meetings of the council
   Article 27 — The council shall convene at the pre-specified place and time for at least once a week. The president may call the council for meeting in urgent situations.
   The council shall convene with the absolute majority of the whole number of members and take decisions by absolute majority of attendants. In case of equality of votes, the party for which the president votes shall be deemed the majority. No abstentious votes may be cast.
   Agenda of the council shall be prepared by the governor. Members of the council may propose items for the agenda.
   The council shall discuss and agree on the items of the agenda within one week at most.
   Decisions taken shall be signed by the president and attendants of the meeting. Those who object to decisions shall explain the reasons for such objections.
   The governor may request that the council decisions s/he founds contrary to regulations and the general provincial assembly’s decisions are revised. If the council persists in its decision, the decision finalizes. In this case, the governor shall suspend the implementation of the council decisions and shall file a claim to suspend the execution with the administrative courts within ten days. Such contest shall be decided on by the Council of State within sixty days at the latest.
   The president and members of the council may not attend the meetings in which issues relating exclusively to them or their blood relatives, including the second degree, and relatives-in-law.
   Payments to members of the council
   Article 28 — The president of the council shall be paid a monthly fee to be found by multiplying the indicator 14000 by the monthly coefficient specified for Public servants; and members of the assembly shall be paid a monthly fee to be found by multiplying the indicator 12000 by the same coefficient. Incumbent members of the council shall be paid the half of the indicator specified for council members.

PART THREE
Governor
   Governor
   Article 29 — The governor shall be the chief of the special provincial administration and the representative of its legal personality.
   Duties and powers of the governor
   Article 30 — Duties and powers of the governor are:
   a) As the highest ranking chief of the special provincial administration, steering and managing the special provincial administration, and protecting the rights and interests of the special provincial administration.
   b) Managing the special provincial administration in line with the strategic plan; developing institutional strategies of the special provincial administration; developing and implementing, monitoring and assessing the budget, performance criteria for the activities and staff of the special provincial administration in accordance with such strategies; submitting reports in this regard to the assembly.
   c) Representing the special provincial administration in Public departments and ceremonies, or representing it as a defendant or claimant at law or designating attorneys.
   d) Presiding over the provincial council.
   e) Managing the real properties and chattels of the special provincial administration.
   f) Follow up and collect the incomes and receivables of the special provincial administration.
   g) Making contracts on condition that agreement of competent authorities is obtained.
   h) Implementing the decisions taken by the general provincial assembly and the council.
   i) Implementing the budget, and making the transfers in the budget, which are not subject to the jurisdiction of the assembly and the council.
   j) Appointing the staff of the special provincial administration.
   k) Supervising the special provincial administration, its affiliated organizations and establishments
   l) Accepting unconditional donations.
   m) Taking necessary measures required for the peace, well-being, health and happiness of the people of the province.
   n) Using the appropriation allotted for the poor and dependants in the budget.
   o) Fulfilling the tasks and using the powers vested by laws in the special provincial administration, which do not require a decision by the general provincial assembly or the provincial council.
   Strategic plan and performance plan
   Article 31 — Within six months as from the general elections for local administrations, the Governor shall prepare development plans and programs, and strategic plans, in line with the regional plans, if any, and develop a yearly performance plan prior to the beginning of the relevant year, and submit them to the general provincial assembly.
   The strategic plan shall be developed in consultation with universities and chambers of profession, if any, and non-governmental organizations concerned with the issue; it shall take effect after being adopted at the general provincial assembly.
   Development of the budget shall be based on the strategic plan and the performance plan. The strategic plan and the performance plan shall be discussed and adopted in the general provincial assembly before the budget.
   Assignment of powers
   Article 32 — The governor may assign some of his/her duties and powers to the officials of the special provincial administration, who are in the capacity of a manager/director, or to district administrator in districts, wherever s/he may deem necessary.
   Assignment of representative powers in case of dispute
   Article 33 — Where first- and second-degree blood relatives or relatives-in-law of the governor are in dispute with the special provincial administration, initiation of legal proceedings and representation of the special provincial administration in such legal proceedings shall be undertaken by the president of the assembly, and in his/her absence, by the vice-president and the persons to be designated by them.
PART FOUR
Common Provisions for Branches
   Suspension from office
   Article 34 — Branches of the special provincial administration against which investigations or prosecution has been initiated due to an offence relating to their duties, or members of such branches may be suspended from their offices as an interim measure until the final order.
   The suspension from office shall be reviewed every two months. Suspension from office whose continuation is not considered conducive to public benefit shall be cancelled.
   Suspension from office of the branches of the special provincial administration or members of such branches, due to investigations or prosecutions, shall be repealed where investigation is not allowed under the Law No. 4483 on Trial of Public Servants and Other Public Officers, where proceedings are dismissed, public action is rejected or a verdict of acquittal is rendered; where proceedings are lifted due to amnesty or in case of a conviction not necessitating suspension from office.

SECTION THREE
Organizational Structure of the Special Provincial Administration
   Organizational Structure of the Special Provincial Administration
   Article 35 — Organizational Structure of the Special Provincial Administration shall consist of the general secretariat, financial affairs, health, agriculture, reconstruction, human resources, legal affairs departments. Establishment, abolition or combination of other departments according to the norm staffing system and existing needs shall be made upon a decision of the general provincial assembly, in regard to the population, physical and geographical nature, economic, social, cultural characteristics as well as the potential development of the province.
   Secretary general shall organize and provide the services of the general provincial assembly on behalf of the governor and in line with his/her commands, in accordance with legislative provisions, the decisions of the general provincial assembly, the purpose and policies of the special provincial administration, the strategic plan and the annual work program. To this end, s/he shall issue the relevant commands to the organizations of the special provincial administration, and supervise and ensure their implementation.
   Secretary general shall be answerable against the governor for the provision of the above services.
   In provinces with a total population of up to 3.000.000, maximum two assistant secretary generals may be appointed; and in provinces with a population of more than the above, maximum four assistant secretary generals may be appointed.
   In districts, special district administration to act under the district administrator may be established to carry out the procedures of the special administration.
   Norm Staffing and employment of the staff
   Article 36 — Principles and standards for norm staffing shall be jointly specified by the Ministry of Internal Affairs and Presidency of Public Personnel. Norm staffing works shall be undertaken by or delegated to others by the special provincial administration within the framework of these principles and standards.
   Staff of the special provincial administration shall be appointed by the governor, and this shall be submitted for the information of the general provincial assembly in the first meeting.
   Special provincial administrations may employ on contracts experts and technical staff they need, such as physicians, specialist physicians, veterinaries, lawyers, engineers, analyzers and software developers, architects, midwives, nurses, technicians, etc. involved in environment, health, veterinary medicine, technical, social and economic fields, culture and arts, information and communication, planning, research and development, training and consulting, insofar as the number and positions under the norm staffing system allows such employments. Those who will be employed on contracts in this way shall be obliged to fulfill the qualifications as required for the services they are to provide. No further appointments shall be made to the vacant seats or offices regarding services provided through contractual staff.
   Amount of wages of those who are to be employed in accordance with paragraph three shall be determined by the general provincial assembly respecting the limits specified by the Council of ministers, provided that it does not exceed the ceiling wages to be fixed in the Budget Law. Those who are to be employed in this way shall in no way be paid a wage under whatever name other than the contractual wage or not be given an interest in cash or in kind as a wage. Provisions on those who are employed under paragraph (B) of Article 4 of the Public Servants Act No. 657 dated 14.7.1965, excluding endorsement requirements, shall apply to said staff, where this Act does not have any provision applicable thereto.
   Those who are appointed to the Secretariat general shall enjoy exactly the same rights granted to directors general in ministries, included in the general administrative services class, in provinces with metropolitan municipalities, and the rights granted to exclusive chief officers, included in the general administrative services class, in other provinces. They shall be appointed upon proposal of the governor and approval of the Minister of Internal Affairs.
   Public servants employed at public institutions and organizations may be appointed department director or top managers of special provincial administrations upon their request and the agreement of their institutions. Where such appointments are concerned, the requirements laid down in point (B) of Article 68 of the Public Servants Act No. 657 shall be taken into consideration. Those members of staff of public institutions and organizations who are thus employed in special provincial administrations shall be considered on leave from their institutions. During the period of time for which those members of staff are appointed, all financial rights belonging to the office they are appointed to as well as social security costs and other similar rights required to be met by their institutions shall be covered by the special provincial administration. The period of time during which they are on leave shall be taken into account in their promotions and retirement procedures; and those who are entitled to promotions shall be promoted without any further formality. Those who are appointed in this way shall be reappointed to their positions/ offices within maximum one month provided that they file an application with their previous institutions; or to other appropriate positions/ offices, if the previous positions/ offices have been lifted or indispensable appointments have been made to them.
   As regards local administrators appointed as a secretary general, the period of time they spend in this duty shall be considered to have been spent in their professional ranking. Those who are appointed in this way shall be appointed to duties appropriate to their professional ranking by the Ministry of Internal Affairs within one month following the expiry of their office.
   Officers of the special provincial administration, except the employees working on a contractual basis and workers, may be paid maximum two bonuses a year according to their status of achievement upon a council decision, which shall not exceed the amount to be found after multiplying the salary coefficient applied to Public servants by the indicator number 20000, in proportion to their periods of service (excluding sick and annual leaves), provided that it does not exceed 10% of the total number of officers. The above number shall be applied as 30000 where metropolitan municipalities exist.

SECTION FOUR
Inspection of Special Provincial Administrations
   Purpose of inspection
   Article 37 — Purpose of inspection of special provincial administrations is to analyze, compare and appraise impartially processes and outcomes of services with regard to their accordance with the legislation, preset goals and objectives, performance criteria and quality standards, evaluate them on concrete evidence and report attained results to the concerned authorities, with a view to assisting in the prevention of failures in their activities and operations, and guiding the special provincial administration organization through its development process and evolution of its management and control systems into a valid, reliable and consistent status.
   Scope and types of inspection
   Article 38 — Internal and external inspection shall be carried out in special provincial administrations. Inspection shall encompass inspections for the accordance of works and operations with the law, financial and performance inspections.
   Internal and external inspections shall be performed in accordance with the provisions of the Law No. 5018 on Public Financial Management Control.
   Furthermore, administrative acts/ operations of the special provincial administration other than financial ones shall be inspected by the Ministry of Internal Affairs, the governor or officers to be delegated by them in regard to their compatibility with the integrity of the administration and development plans and strategies.
   Organizations and establishments affiliated to special provincial administrations shall be inspected in accordance with the above rules.
   Results of inspections shall be announced to public and submitted for the attention of the assembly.
   Activity report
   Article 39 — The Governor shall develop an activity report to describe the activities performed according to strategic plans and performance goals, realization of goals according to the set performance criteria and reasons for occurring deviations, as specified under paragraph four of Article 41 of the Law on Public Financial Management and Control.
   The activity report shall be submitted by the governor or the secretary general to the assembly in the meeting in March. A copy of the report shall be sent to the Ministry of Internal Affairs and be made public.
   Impediment of services
   Article 40 — If upon a request of the relevant ministry the competent judge in a court of peace finds that services of the special provincial administration is seriously impeded and this fact leads to vitally adverse effects on the health, peace and well-being of the people,
   Then the Ministry of Internal Affairs shall:
   a) Request the special provincial administration to correct the impediments taking place in services within a reasonable period of time, depending on the nature of the concerned service.
   b) Request the governor of the province to fulfill the concerned service, if impediments are not corrected. In this case, the governor shall in the first place correct the impediments by means of the equipment, tools, staff and other resources of the special provincial administration. Where this is not a viable alternative, s/he may make use of the facilities of other public institutions and organizations. Any cost to be incurred accordingly shall be communicated by the governor to the Bank of Provinces; and the Bank of Provinces shall, in turn, appropriate a share from the allotments of the special provincial administration over the total collection of general tax revenues of the special provincial administration of the concerned province for the following month, and send such appropriation to the governor.
   Other provisions on inspection
   Article 41 — Where this Act does not have any provision for the performance of inspections and development of activity reports, Law No. 5018 on Public Financial Management Control and provisions of other laws shall be applicable.

SECTION FIVE
Financial Provisions and Penalties
PART ONE
Revenues and Expenditure of the Special Provincial Administration
   
   Revenues of the special provincial administration
   Article 42 — Revenues of the special provincial administration are as follows:
   a) Taxes, levies, charges and participation shares of the special provincial administration as specified in laws.
   b) Shares from the tax revenues allotted in the general budget.
   c) Payments from administrations with private and general budget.
   d) Revenues to be generated from the rental, sale and otherwise evaluation of real properties and chattels.
   e) Fees in consideration of services, which are to be collected in accordance with the tariffs to be determined by the general provincial assembly.
   f) Interest and penalty revenues.
   g) Donations.
   h) Revenues in return for any undertaking, participation and activities.
   i) Other revenues.
   Expenditure of the special provincial administration
   Article 43 — Items of expenditure of the special provincial administration are as follows:
   a) Costs incurred for the supply, construction, maintenance and repair of the buildings, facilities as well as vehicles and materials of the special provincial administration.
   b) Wages, fees, payments, attendance fees, travel allowances, training expenses paid to the staff of the special provincial administration and members of its elected bodies, and other costs.
   c) Any costs for infrastructure, construction, repair and maintenance.
   d) Costs to be incurred due to the follow-up and collection of taxes, levies, charges, participation shares, fees in consideration of services and other revenues.
   e) Aids to the villages and unions of villages within the framework of the principles to be set out by the general provincial assembly.
   f) Partnership shares, membership payment costs regarding the companies, corporations and unions to which the special provincial administration participates.
   g) Interests, other payments incurred for borrowing and insurance costs.
   h) Social services and assistance for the poor, the needy, the homeless and the disabled.
   i) Legal proceedings and executive costs.
   j) Costs for representations, celebrations, hosting and demonstration.
   k) Payments in consideration of the services of legal representation, consultancy, and inspection.
   l) Costs resulting from joint services conducted with public and private and non-governmental organizations both in Turkey and abroad, and other projects.
   m) Costs incurred for socio-cultural and scientific activities.
   n) Costs for public opinion polls and inquiries in regard to services of the special provincial administration.
   o) Natural disaster costs.
   p) Other costs incurred for the fulfillment of tasks and services entrusted by the law.

PART TWO
Special Provincial Administration Budget
   Special Provincial Administration Budget
   Article 44 — The budget developed in accordance with the strategic plan of the province shall indicate the revenues and expenditure estimations for the fiscal year and following two years; it shall authorize collection of revenues and expending of costs.
   The budget shall be attached detailed spending schedules and financing schedules.
   The budgetary years shall be the same as the State’s fiscal year.
   No expenditures may be made out of the budget.
   The governor and other officials entitled to expend shall be accountable for efficient, economical and proper expending of budget appropriations.
   Development and adoption of the budget
   Article 45 — The governor shall prepare the budget and submit it to the provincial council at the beginning of September. The Council shall review the budget and submit it to the general provincial assembly before the first day of November as accompanied by its opinion thereon.
   The general provincial assembly shall adopt the draft budget exactly the same or with alternations before the new year. Notwithstanding, the assembly may not make alterations, which may upset the budget’s equilibrium, and thus increase expenditure and decrease revenues.
   Officials entitled to expend
   Article 46 — The highest ranking administrator of each expenditure department for which an appropriation is allotted in the special provincial administration budget shall be entitled to make expenditure. This entitlement shall be enjoyed by the district administrator in districts.
   Appropriations to be sent to districts should be endorsed by the financial controller of the special provincial administration. In the course of expending such appropriations, no further controlling shall be made prior to the expending.
   Final accounts
   Article 47 — Final accounts of the budget of each year shall be submitted by the governor to the council within March following the end of the accounting term. Final account shall be discussed and concluded in the meeting of the general provincial assembly in March.
   Budgetary provisions shall apply to the discussion and conclusion of the final account.
   Budget
   Article 48 — Rules and procedures applicable to the budget and accounting operations of the special provincial administration shall be set out in a regulation to be issued by the Ministry of Internal Affairs in consultation with the Ministry of Finance.
   Continuity of the past year’s budget
   Article 49 — Where the budget of the new year is not finalized for any reason whatsoever, the past year’s budget shall be implemented until the new budget is finalized.
   Operations performed until the adoption of the budget shall be considered to have been performed according to the new year’s budget.
   Service commitments involving future years
   Article 50 — Maintenance of parks, gardens and pools, car rents, controlling, cleaning and catering services, maintenance and repair of vehicles, computers, fax devices, photocopiers and other technological products may be assigned to third parties by way of contracting, upon decision of the general provincial assembly in special provincial administrations, or the decision of the competent body in organizations affiliated to special provincial administrations, provide that its duration does not go beyond the end of the third day following the first general elections for local administrations. ,

PART THREE
Borrowing and Economic Engagements
   Borrowing
   Article 51 — The special provincial administration may borrow funds or issue bonds in accordance with the following procedures and rules with a view to meeting the costs necessitated by its duties and services:
   a) External borrowing may be made within the framework of the Law No. 4749 on Public Financing and Debt Management, only if it serves the purpose of financing the projects included in the investment program of the special provincial administration.
   b) Using investment loans and loan in cash from the Bank of Provinces, the special provincial administration must present its repayment plan to this bank. If the Bank of Provinces does not find the repayment plan satisfactory, it shall reject the loan demand of the special provincial administration.
   c) Issuance of bonds shall serve the purpose of financing the projects included in the investment program and be in accordance with the relevant legislation.
   d) Internal and external debt stock, including interests, of the special provincial administration and its affiliated organizations as well as the companies in which they hold more than 50% of the total shares may not be more than the last finalized budget revenues, as increased by the revaluation rate specified in the Tax Procedures Act No. 213. This amount shall be applied after it is multiplied by one and a half, for special provincial administrations of the provinces having a metropolitan municipality.
   e) The special provincial administration and its affiliated organizations as well as the companies in which they hold more than 50% of the total shares may undertake an internal borrowing not exceeding 10%, in total, of their last finalized budget revenues, as increased by the revaluation rate specified in the Tax Procedures Act No. 213, upon a general provincial assembly decision, and where this amount exceeds 10%, upon decision of the absolute majority of the whole number of members of the assembly and approval of the Ministry of Internal Affairs.
   f) For those infrastructural investments of special provincial administrations which necessitate advanced technology and a large amount of funds, borrowings to be accepted by the Council of Ministers upon the proposal of the Undersecretariat for State Planning Organization shall not be taken into account in the calculation of the amount referred to in the point (d). For projects necessitating external funds, the Undersecretariat of Treasury shall be consulted.
   For officials of special provincial administrations who incur debt in contradiction with the procedures and rules above, Article 240 of the Turkish Penal Code shall apply, where their acts does not require a heavier penalty.
   The special provincial administration shall submit its financial statements including detailed illustrations of its assets and liabilities to the ministries of Internal Affairs and Finance as well as the State Planning Organization and the Undersecretariat of Treasury on a quarterly basis.
   Incorporation of a company
   Article 52 — The special provincial administration may incorporate capital stock companies in the filed of activities and duties assigned to it, in accordance with the procedures laid down in the applicable legislation.
   Establishments
   Article 53 — The special provincial administration may conduct its services, which brings special revenues or costs, by setting up establishments under the budget appropriations with the authorization of the Ministry of Internal Affairs.
   Such establishments shall be inspected in accordance with the procedure applicable to the special provincial administration.
   Exchanging and offsetting debts and receivables
   Article 54 — Except the Treasury receivables under the Law No. 4749, receivables and debts of the special provincial administration, subject to private law or public law, against the general-budget organizations, social security organizations, local administrations and other public institutions and organizations shall be exchanged and offset. Adequate and necessary appropriations shall be included in the budgets of these institutions and organizations.
   Rules and procedures applicable to exchange and offset transactions under this article shall be laid down in regulation to be issued by the Ministry of Finance, obtaining the affirmative opinion of the Ministry of Internal Affairs.

PART FOUR
Penalties
   Penalties
   Article 55 — Those who act in contradiction with the decisions taken and duly announced by the general provincial assembly under the authority granted by laws, for the issues falling under the jurisdiction of the special provincial administration, shall be sentenced to a monetary penalty of up to three hundred million Turkish Liras, where legislation does not provide for any other penalty. Where the offence is perpetrated on behalf of any corporation, the penalty shall be doubled.
   Where the offences referred to in paragraph one above are perpetrated by those who are involved in trade, arts and professions regarding certain needs such as eating, drinking, entertainment, resting, sleeping, care and cleaning, the workplace shall be closed for three to seven days as an additional penalty.
   If the facilities under the jurisdiction and responsibility of the special provincial administration are damaged howsoever, the costs incurred by the special provincial administration to restore them to their previous conditions shall be collected from the damager with a 30% excess.
   Power to impose penalties
   Article 56 — Penalties envisaged in Article 55 shall be imposed by the provincial council. However, where the governor or the district administrator identifies the perpetration of an offence, s/he may impose a penalty of up to one hundred million Turkish Liras and close down the workplace for up to three days.
   Issuance of a fact sheet
   Article 57 — Authorized personnel of the special provincial administration shall draw up a fact sheet for those who commit acts and actions that necessitate penalties. The sheet shall indicate the place, time and quality of the act or action committed against the prohibition; it shall also indicate the breached legislative provision. The sheet shall be drawn up in the place where the act and action was committed, be signed by parties and one copy of it shall be given to the concerned person and the other copy shall be delivered to the special provincial administration within ten days. Where the concerned person refrains from signing or receiving the sheet, this shall be recorded in the sheet. In this case, the fact sheet shall be delivered to the relevant village/ quarter administrator, and thus be considered to have been made to the concerned person.
      Objection to the fact sheet and conclusion
   Article 58 — Those for whom a fact sheet has been issued may file an objection with the special provincial administration within fifteen days following the date notification. Objections may be made through the agency of district administrators in districts. Objections filed with district administrators shall be forwarded to the special provincial administration within seven days.
   Contested or non-contested fact sheets shall be concluded by the provincial council within fifteen days.
   Notification of decisions and objections
   Article 59 — Decisions of penalty under this Act shall be notified in accordance with the Notifications Law No. 7201 of 11.2.1959.
   Application to administrative judicial authorities shall not suspend implementation of monetary penalties.
   Implementation of penalties
   Article 60 — If monetary penalties are not deposited in the account of the special provincial administration within thirty days following the date of notification, they shall be collected in accordance with the procedures of the Law No. 6183 on the Procedures for Collection of Public Claims.
   The penalty to close down the workplace shall be implemented by sealing the workplace during term of penalty.
   Withdrawal and disposal
   Article 61 — Without prejudice to the provisions of the General Public Health Law No. 1593, materials prohibited for use and sale by the special provincial administration shall be withdrawn. Those materials which are found harmful to health as a result of examinations and analyses shall be disposed of. Others shall be delivered to their owner. Goods not received by their owners within thirty days shall be treated properly by the special provincial administration.

SECTION SIX
Miscellaneous and Final Provisions
PART ONE
Miscellaneous Provisions
   Foreign Relations
   Article 62 — The special provincial administration may be a founder member or an ordinary member of international organizations and institutions acting in fields relating to its scope of activity, subject to the general provincial assembly decision.
   The special provincial administration may undertake activity and service projects in conjunction with such organizations and institutions.
   The activities to be performed under paragraph one and two must be conducted in accordance with the foreign policy and international agreements, and prior consent of the Ministry of Internal Affairs must be obtained.
   Tasks and supplementary payments of district administrators
   Article 63 — District administrators shall be obliged to fulfill the tasks of the special provincial administration assigned by the governor and answerable against the governor for such fulfillment. In consideration of the fulfilled tasks, district administrators shall be paid a monthly payment to be found by multiplying the indicator 12000 by the salary coefficient applied to Public servants.
   Provisions of paragraph (c) of Article 5 of the Law No. 4505 on Making Amendments to Certain Laws Concerning Social Security and on Payment of Representation Security as well as the Decree No. 631 on Making Amendments to Regulations on Financial and Social Rights of Public Servants and other Public Officers and Certain Laws and Decrees shall not apply to the disbursement of the payments specified in this Article and Article 28.
   Relations with other organizations
   Article 64 — For issues falling under the jurisdiction and scope of activity of the special provincial administration in accordance with the agreement to be made upon a decision of the general provincial assembly, the special provincial administration may:
   a) undertake, in return for a fee or free of charge, construction, maintenance, repair and transportation works of other public institutions and organizations or perform joint service projects with these organizations and carry out necessary fund transfers to this end. In such a case, the work shall be completed in accordance with the legislative provisions applicable to the organization undertaking the performance of the work.
   b) may meet the needs for buildings, facilities, plots of land and needs in kind, or employ vehicles and personnel temporarily, with a view to the fulfillment of principal duties and services of the central administration.
   c) may undertake joint service projects in cooperation with professional organizations, associations, foundations, serving as a public institution, and chamber of profession falling under the Law No. 507 on Tradesmen and Craftsmen.
   d) may allocate their own real properties to other public institutions and organizations so that they are used in their principal duties and services, provided that duration of such allocations does not last more than twenty five years. If such real properties are used out of their intended use, the allocation shall be cancelled. At the end of the allocation, reallocation on the same terms shall be possible. Such properties may be rented out to the same institutions.
   Real properties afforded or allocated by special provincial administrations in accordance with points (b) and (d) may not be used as a public residence and social facility.
   Voluntary participation in the services of the special provincial administration
   Article 65 — The special provincial administration shall implement programs intended for the participation of volunteers for the purpose of ensuring solidarity and participation in the provision of health, educational, sports, environmental, traffic and cultural services as well as services toward the elderly, the women and children, the disabled, the poor, etc. and increasing the effectiveness, savings and efficiency in such services.
   Qualification of volunteers and the rules and procedures applicable to their employment shall be laid down in a regulation to be issued by the Ministry of Internal Affairs.
   Communication
   Article 66 — The special provincial administration may communicate directly to public institutions and organizations.
   Disbursement of counseling fees
   Article 67 — Provisions of the Law No. 1389 on the Counseling Fees to
be Awarded to Attorneys-at-Law Representing the State Before the Courts dated 2.2.1929 shall apply to disbursement of counseling fees collected from the opposing party due to the cases and attachment prosecutions resulted in favor of the special provincial administration to the attorneys-at-law holding an office and the officers serving at the legal office
   Implementation of the revaluation rate
   Article 68 — The monetary amounts in this Act, except fees, attendance fees and bonus payments, shall be increased every year according to the revaluation rate to be specified in accordance with the Tax Procedures Law No. 213.
   Emergency planning
   Article 69 — The special provincial administration shall develop necessary disaster and emergency plans and prepare required teams and equipment in order to guard against fire, industrial accidents, earthquakes and other natural disasters or mitigate their effects, considering the characteristics of the province.
   During the development of emergency plans, coordination with other provincial emergency plans, if any, shall be ensured and relevant ministries, public institutions, professional organizations as well as universities and other local administrative bodies shall be consulted.
   After taking necessary measures toward the training of the people in line with plans, programs may be made in collaboration with the administrative bodies, institutions and organizations referred to in paragraph two.
   In the event of fires and natural disasters outside the province, the special provincial administration may provide aid and support to such regions.
                                                                         ./..
16  Turkish law forums / TURKISH MARITIME LAW / Act On Fee Of Sanitation For Ships - Law no: 2548 on: September 15, 2010, 02:45:07 AM
ACT ON FEE OF SANITATION FOR SHIPS
 
          Law No                  : 2548
          Adopted on      : 6/11/1981
          Published in the Official Gazette dated: 10/11/1981   Numbered: 17510
         
                                                                              *
                                                                            * *
             Scope:
             Article 1 – (Amended: 19/10/1983-2928/Art.1)
             This Law applies to ships navigating among Turkish ports, to ships navigating from foreign ports to Turkish ports, , to ships navigating from Turkish ports to foreign ports  or to ships navigating through the Turkish Straits under transit passage.
             Article 2 – (Repealed: 19/10/1983-2928/Art. 6)
            Sanitation fee
             Article 3 – (Amended: 19/10/1983-2928/Art. 2)
             The sanitation fee to be charged in Turkish ports, for each net ton of the ships falling under Article 1 , shall be subject to a tariff to be prepared by the Ministry of Health and Social Assistance in consultation with the ministries of Foreign Affairs and Finance and shall be put into effect at the beginning of every fiscal year.
   Such sanitation fee shall apply with a special discount to be specified in the same tariff to the ships with the right of coastal trading, private yachts calling at Turkish ports, tourist ships carrying tourists and not engaged in any other commercial activities and  ships conducting scientific research.
   Ships navigating among Turkish ports and ships departing from Turkish ports shall pay such sanitation fee in the port of first departure, and those coming from foreign countries shall pay the same in the first port of call.
   The sanitation fee to be collected from ships passing through the Straits shall be subject to the provisions of Montreaux Convention. 
             Exceptions:
             Article 4 – (Amended: 19/10/1983-2928/Art. 3)
   Sanitation fee shall not be charged to war ships,  ships making an official visit and the ships entering Turkish ports due to a force majeure and not conducting commercial activities as well as those ships weighing no more than fifty tons.
5396
 
   No additional sanitation fee shall be charged from ships navigating through the Turkish Straits under transit passage and those ships which are obliged to pay sanitation fee in accordance to the provisions of the Montreaux Convention, on calling to and departing from Turkish ports.   
             Ship sanitation certificate:
             Article 5 – The ships up to 250 tons operating among Turkish ports and enjoying cabotage rights shall be given an annual certificate of sanitation in return for the non-discounted sanitation fee amount. However, this amount may in no case be less than the amount to be paid by a ship of 100 tons.
             Prohibitions and penalties:
             Article 6 – The following activities are prohibited:
             a) Departing from ports without completing sanitation procedures.
             b) Failing to stay in front of sanitation centers or the places indicated by such centers for the sanitation procedures.
             c) (Amended: 19/10/1983-2928/Art. 4) For a ship coming from a foreign port, receiving any materials or loading and unloading passengers without obtaining a free pratique after the sanitation inspection at the port.
             d) Providing a false sanitary declaration.
             e) Failing to make a timely application to the relevant authorities for the purpose of receiving services for the fight against microbes, insects and mice, where necessary.
             f)The coming alongside a dock of a ship that comes from an epidemic port and whose sanitary examination has been complete but has not yet received a sanitation certificate or the failing of a ship which has received a sanitation certificate after a sanitary examination and admitted to come alongside a dock under certain conditions, to not live up to these conditions
             g) The calling at a port of an epidemic ship whose sanitary examination has been complete but which has not yet received a sanitation certificate or the hindering and causing obstructions in the way of the complete execution of sanitary precautions and the departure without the reception of a sanitation certificate, of an epidemic ship.
             h) Where necessary, failing to have in place a yellow quarantine flag on the foremast in the daytime and failing to  have a red flash light at the top and a white flash light at the bottom in the nighttime.
             (Amended: 19/10/1983-2928/Art. 4) Masters of ships in breach of the above prohibitions shall be charged with a monetary penalty equal to twenty five percent of the sanitation fee required to be paid by the ship. However, in determining the amount of the penalty, the discounts mentioned in paragraph two of Article 3 shall not be taken into consideration and the penalty may not be less than the sanitation fee required to be collected from a ship with a net weight of a thousand tons. The penalty may be contested before the Directorate General of Health for Borders and Coasts.
             Relevant budget :
             Article 7 – The sanitation fee, the amount of the annual sanitation certificate  and associated penalties provided for in this Law shall be recorded as revenue in the budget of the Directorate General of Health for Borders and Coasts.
             Regulation:
             Article 8 – (Amended : 19/10/1983-2928/Art. 5)
   Implementing rules and procedures for this Law shall be set out in a Regulation to be issued by the Ministry of Health and Social Assistance within six months following the entry into force of this Law and shall be published in the Official Gazette.             
5397
 
             Repealed provisions:
             Article 9 – Law No. 500 of 21/4/1340, Law No. 3057 of 31/7/1936, Law of 31/7/1936, and Law No. 5115 of 18/6/1947 shall be repealed.
             Provisional Article 1 – (It is the unnumbered provisional article of the Law No. 2548, and numbered for succession purposes)
   Until the regulation envisaged herein enters into force, those effective provisions of the General Regulation that are not inconsistent with this Law shall continue to be applicable.
                                                                       Entry into force:
             Article 10 – This Law shall enter into force on 1/1/1982.
             Enforcement:
             Article 11 – This Law shall be enforced by the Ministers of finance, Health and Social Assistance.
5398

5399
 
 
THE LIST INDICATING THE LAWS AND PROVISIONS
REPEALED BY THE LEGISLATION PROVIDING FOR ANNEXES TO AND AMENDMENTS IN THE LAW NO. 2548
 

Repealed Legislation’s
Repealed Laws or Law Provisions
Date
Number
Article
Article 2 of the Law No. 2548 on Ship Sanitation fee
19/10/1983
2928
6

5400
 
 
THE LIST INDICATING DATE OF ENTRY INTO FORCE OF THE LEGISLATION INTRODUCING ANNEXES TO AND AMENDMENTS IN THE LAW NO. 2548
 

Repealed Legislation’s
Date of Entry Into Force
Articles entering into force on different dates
2928
22/10/1983

-

17  Turkish law forums / TURKISH MARITIME LAW / The Code Pertaining To The Principles To Be Applied To The Explosives - 4536 on: September 15, 2010, 02:43:21 AM
(UZ) CODE FOR EXPLOSIVES AND DUBIUOS SUBSTANCES


THE CODE PERTAINING TO THE PRINCIPLES TO BE APPLIED
TO THE EXPLOSIVES AND DUBIOUS SUBSTANCES THAT
ARE DETECTED ON THE SEAS AND ON LAND

The number of the code      : 4536
Date of passage         : 24.02.2000
The Official Gazette, in which
the code is published         : Date: 27.02.2000 Number: 23977
The collection            : Compilation 5,   Volume 39, page

SECTION ONE
The Purpose, Scope and Definitions

The Purpose
ARTICLE 1. – The purpose of this Code is to provide for and arrange the principles and procedures pertaining to the examination and rendering harmless of.explosives and dubious substances

The Scope:
ARTICLE 2. – This Code covers the explosives and all kinds of dubious substances that will be detected or secured on or at places that could affect our inland rivers and lakes, within our territorial waters, on the seas that are under our sovereignty and supervision according to the international law as well as the duties and responsibilities of the public and private institutions and the related and legal persons that will take part on these activities.
The Definitions
ARTICLE 3. – The following terms used in this Code have the following meanings:
a)The explosive: Covers all explosives used for the purpose of war, the guiding systems of weapons, the military equipment containing explosives, nuclear weapons and chemical substances, aircraft bombs, warheads, guided and ballistic missiles, hand grenades, rockets, ammunition for heavy weapons, mines, hand made explosives, torpedos, water bombs, pyrotechnic materials, interceptives and guides, electronic explosives and similar materials that will cause death and injury of persons and damage to the equipment and buildings by way of detonation,
b)The dubious substance: The substances, of which it will be presumed that they contain explosives, which create a threat for the environment or of which the nature is unknown.
c)Rendering harmless: The elimination of the threat created by an explosive or any dubious substance.




SECTION TWO
The substance detected on the seas, coasts and on land
The substance detected on sea
ARTICLE 4. – The ships, all kinds of sea and air vehicles moving on or at places that could affect our inland rivers and lakes, within our territorial waters, on the seas that are under our sovereignty and supervision according to the international law will notify immediately using the means of communication and if this is not possible as soon they arrive at a place where this is possible the closest units attached to the Navy Command Center or the Coast Guard Command or the other military units or the regional directorates or the Port Directorates of the Undersecretariat of Maritime Affairs or the administrative bodies, if there are no regional directorates or port directorates, of the location and the direction of the movement of the explosives as well as the necessary information such as the colour, form, quantity and the similar information on every kind of explosives and dubious substances they detect .
The institutions that are notified of the location, the probable direction of movement of the explosives and dubious substances will immediately notify the seamen, the naval units, the Office of Naval Traffic Hydrography and Oceanography. The security measures to be taken related to these places will immediately be determined and implemented by the military institutions.
The substances detected at our coasts
Article 5. – The persons, who detect or find the explosives or dubious substances at our coasts, will inform either personally or by means of communication the closest military unit or the administrative bodies if there are no military units in the vicinity. In the case that the administrative bodies other than the military institutions have been notified, the closest military unit will immediately be notified of the situation by the mentioned administrative body. The explosives and dubious substances that have been detected or found will be examined by the authorised teams of the Naval Command and will be rendered harmless.
The substances that are seen or detected on land throughout the country
ARTICLE 6. – The persons who have found or seen the explosives, dubious substances detected or seen on land throughout the country will immediately notify personally or by means of communication the closest administrative body. The explosives and dubious substances that have been notified will be examined by the teams of the Interior Ministry and rendered harmless.

SECTION THREE
The intervention, giving technical assistance and information
The Intervention
ARTICLE 7. – The authorised teams of the related commands will deal with the explosives and dubious substances found at the facilities belonging to the Land Forces, Naval and Airforce Command and on the grounds and the shooting fields under the responsibility of the same commands.
The authorised teams of the related command will deal with the explosives and dubious substances found at the facilities belonging to the General Command of Gendarmerie and on the grounds and the shooting fields under the responsibility of the same commands.
The authorised teams of the General Directorate of Law Enforcement will deal with the explosives and dubious substances found at the facilities belonging to the General Directorate of Law Enforcement and on the grounds and the shooting fields under the responsibility of the same commands.
The necessary security measures for the preservation of the explosives and dubious substances in the form they were found will be taken by the military units and administrative bodies that were informed at first during the time until the authorised units have arrived to deal with the situation .

Technical Assistance
ARTICLE 8. – In the case that the need to obtain assistance arises as the activities for dealing with and rendering harmless the explosives and dubious substances are being carried out, the Land Forces, Navy and Air Force Commands, the Coast Guard Command, General Directorate of Law Enforcement and the other public bodies and institutions will cooperate to provide the vehicles, tools, documents, personnel and technical information.

Giving Information
ARTICLE 9. – The Headquarters of the General Staff will be informed as soon as possible on the substances that have been found at the settlement areas or outside the settlement areas and have been rendered harmless and that could serve as a source of intelligence and as a sample in order to obtain technical intelligence information and to be able to take the necessary precautionary steps.
The samples and technical information obtained from the hand made bombs or explosives and explosives manufactured in factories that do not have the nature of a bomb will also be sent to the General Directorate of Law Enforcement to be examined, to be compared with others used in the event and to be evaluated.
SECTION FOUR
The Supply
Supplying the vehicles, tools and personnel
ARTICLE 10. – The military and administrative bodies and institutions are responsible for supplying the required vehicles, tools, personnel as well as for meeting the needs and taking over the expenses of the personnel in order to determine, transport, examine, preserve or render harmless the explosives and dubious substances.
Making use of the vehicles and tools belonging to real and legal persons
ARTICLE 11. – In the case that the vehicles belonging to the military and administrative institutions are not available for any reason, the highest administrative authority of the region will make use of the vehicles and tools belonging to real and legal persons. The rental fee and the daily fee for the persons, of whom the service has been accepted, will be determined by way of bargaining in accordance with the regional conditions and paid at the latest within 90 days.
In the case that there is nobody willing to give service, the required vehicles will be confiscated temporarily by the highest-ranking administrative authority and delivered to the personnel on duty. The amounts for hiring the vehicles or the fee for the owners of these vehicles will be determined according to the regional conditions by way of bargaining or will be determined by the commission to be established pursuant to the article below and paid to the entitled persons at the latest within 90 days.
The indemnification sum to be paid for the vehicles that will be damaged or lost during the service will be determined by a committee to be established within thirty days by the administrative body that has given the duty and will be paid at the latest within ninety days. The highest ranking tax officer of the region or an authorised person to be appointed by the same and one representative each of the province traffic commission and the chamber of commerce will be the members of this committee.



The owners of the vehicles and tools who are not satisfied with the amount to be paid have the right to file a suit.
The assistance of experts may be requested to this end if necessary.

SECTION FIVE
The Financial Provisions
Injury, Disability and Death as a Result of the Duty
ARTICLE 12. – The provisions of the Code on Payment of Pecuniary Compensation and Monthly Wage dated 3.11.1980 with the number 2330 will be applied to the public servants and persons who are not public servants injured or disabled and the legal heirs of those persons who have died while carrying out the work related to determining, transporting, examining, preserving or rendering harmless of the explosives and dubious substances, provided that it can be officially documented that the authorised bodies gave these persons the mentioned duty. The rights of these persons indicated in other codes are reserved.
The related institutions will have the persons who are injured, disabled or of whom the health is jeopardised, treated both in the country and abroad, if necessary.
The Reward
ARTICLE 13. –The persons, who have seen and found the explosives and dubious substances, after they have determined the exact position and have placed the necessary warning signals and notified the related institutions, will be rewarded upon the proposal of the Headquarters of the General Staff from the budget of the Ministry of Defence by taking into consideration the benefit provided for the homeland defence with the help of the technical intelligence regarding this explosive or dubious substance, whereby the reward cannot exceed the highest monthly wage (including the additional indicator) of the public servants indicated in the Code on the Wages of the Public Servants dated 14.7.1965 with the number 657.
The Expenses
ARTICLE 14. – All kinds of expenses, the fees, travel funds and compensation to be paid for the determination, transport, destruction, rendering harmless or examination of the explosive or the dubious substance will be paid from the budget of the Ministry of Defence and Interior Ministry.
SECTION SIX
The Penalties
ARTICLE 15. – The persons, who refrain without an acceptable reason from giving the vehicles and tools that are needed to be used for the purpose of the examination or rendering harmless of the explosives and dubious substances will be punished with the proposal of the commander of the military unit or the chief of the authorised team attached to the Interior Ministry by the highest ranking administrative officer of the region with a pecuniary penalty in the amount obtained by multiplying the wage coefficient indicated every year in the Budget Code with 5000.
The public institutions and bodies have the obligation to give the vehicles and tools belonging to them on demand to the related persons. The public servant, who refrains from fulfilling this obligation, even if the act constitutes another offence, will be punished with the proposal of the commander of the military unit or the chief of the authorised team attached to the Interior Ministry by the highest ranking administrative officer of the region with a pecuniary penalty in the amount obtained by multiplying the wage coefficient indicated every year in the Budget Code with 5000.
The persons, who do not notify the related authorities of the explosives and dubious substances in the scope of this code, although they have seen them, will be punished with the decision of the highest ranking administrative authority with a pecuniary penalty in the amount that will be obtained by multiplying the wage coefficient indicated every year in the budget code with 5000.
The decisions regarding the penalties will be served with the related persons in accordance with the provisions of the Code on Notices dated 11.2.1959 with the number 7201. Objection can be filed within 7 days against these penalties with the authorised court. The objection will not stop the execution of the penalty. The decision made as a result of the objection is final. The objection will be dealt with within the shortest period by examining on the documents if there is no absolute necessity. The pecuniary penalties awarded pursuant to this code will be collected according to the provisions of the Code on the Collection of the Public Receivables number 6183.
SECTION SEVEN
The Miscellaneous Provisions
The provision that is no longer in force
ARTICLE 16. – The Code on the Elimination of the Freely Moving Mines, Explosives and Dubious Substances to Be Seen at Sea and Coasts dated 17.5.1948 with the number 5202 is no longer in force.
The Regulation
ARTICLE 17. – The principles and procedures pertaining to the implementation of this Code will be arranged with a regulation to be prepared by the Ministry of National Defence within 6 months of the effective date of this Code after the opinion of the Interior Ministry and the Undersecretariat of Maritime Affairs.
ARTICLE 18. – This Code will be in force as of the date of its publishing.
ARTICLE 18. – The provisions of this Code will be implemented by the Council of Ministers.
18  Turkish law forums / TURKISH MARITIME LAW / Law On The Protection Of Life And Property At Sea - Law no: 4922 on: September 15, 2010, 02:29:21 AM
LAW ON THE PROTECTION OF LIFE AND PROPERTY AT SEA

Number of the Law      : 4922
Date of Adoption      : 10/6/1946
Published in the Official Gazette   : Dated : 14/6/1946   Number : 6333
Published in the Law Collection    : Series : 3      Volume : 27      

*
* *
For the rules related with this law, please see the numeric index of the “Complete Rules” arranged according to the laws
*
* *
SECTION ONE
Tariffs and technical characteristics of commercial vessels

Article 1 - For the implementation of this law:
A) "Vessel" means any vehicle able to navigate at sea except for craft under oars, regardless of its name, tonnage and purpose of use;
B) "Commercial vessel" means any vessel operated at sea for profit;
C) "Passenger vessel" means any commercial vessel carrying more than twelve passengers;
D) “Passenger” means any person other than the captain and other seamen, the spouse, children and servants of the ship owner and the ship operator, the personnel designated by the ship owner and the ship operator, the representatives and clerks of the ship owner and the ship operator, the shepherds of the livestock carried and the persons who have been admitted to the vessel for life saving purposes at sea, who are carried with or without freight cost
.

Article 2 - (Amended : 4/7/1988 - Statutory Decree - Art. 336/1 ; Adopted without amendment : 7/2/1990 - Art. 3612/22)
A commercial vessel which is determined upon the opinion of the Ministry of Transportat and other related agencies as not capable of bearing the normal risks of voyage in terms of :
A) Her main components and parts such as the hull, general equipment, engine, boiler, etc.,
B) Loading conditions,
C) Sufficient fuel and supplies,
D) Sufficient number and qualifications of the seamen
shall not be considered to be seaworthy and shall not be allowed to sail.



Article 3 - Commercial vessels shall be inspected at least once  a year with respect to the conditions of the hull, engine, boiler, general equipment, life saving equipment, fire protection and fire fighting equipment and other equipment which they must posses pursuant to their  statute, for the duties they are assigned and the voyages they make. However, underwater inspections of  commercial vessels other than passenger vessels may be performed in every two years.

Article 4 - Commercials vessels which are found to be compatible with their statutes upon inspection shall be issued “seaworthiness certificate” for a definite term. The commercial vessels which do not have the said certificate or certificates  which have expired shall not be allowed to navigate and the certificates of  vessels which  no longer meet the conditions laid down in the related statutes shall be cancelled.
   A commercial vessel whose seaworthiness certificate expires during her voyage shall be obliged to return to the port where she would be inspected upon completion of the voyage in the event that the voyage ends in a Turkish port. Such a commercial vessel may perform commercial transactions as if she holds a seaworthiness certificate until she reaches the port of inspection.
   A commercial vessel which ceases to be compatible with the  related statute during the term of the certificate, for any reason, may call at the nearest port for repair without any further commercial transaction.

Article 5 - (Amended : 5/5/1981 - Art. 2459/1)
 Vessels with valid certificates issued by national or international classification societies shall be granted seaworthiness certificates for the duration and task stated in the certificates without a separate inspection. However, the parts excluded from inspection by the rules of such societies shall be inspected pursuant to the provisions hereof.

Article 6 - All commercial vessels which have seaworthiness certificates and which would  at sea beyond port boundaries shall be inspected before travel, in terms of life-saving, fire-fighting, fire protection and navigation equipment, seamen, supplies and fuel, number of passengers, type of the cargo, stacking and loading mark and any commercial vessels which do not comply with the statute shall not be permitted to navigate.
    Commercial vessels, which operate within the boundaries of the port, shall be inspected time from time to time in accordance to the provisions of this article.

Article 7 - The tonnages of the commercial vessels to be used as basis of collection of various charges and fees shall be measured pursuant to the statute.





SECTION TWO
Safety of Navigation at Sea

Article 8 - The lights and signs to be carried and exhibited, sonar fog and maneuver signs to be given and the navigation and operation rules to be observed by Turkish vessels and the foreign vessels navigating at Turkish ports and territorial waters and the signs they would make to ask help in case of danger shall be indicated in the rules.
Every Turkish vessel shall have a copy of “Statute for the Prevention of Collision at Sea.” This statute which will be distributed to the vessels free of charge is considered as one of the main documents of the vessels.

Article 9 - In case of fatalities and damage of property caused by non-compliance with the Statute for the Prevention of Collision at Sea, the captain who was on shift during the accident or the officer on duty according to the relevant legislation shall be held liable unless it is determined by the court that the circumstances had required a deviation from the rules.

Article 10 - Captains of colliding vessels shall provide every assistance to prevent or mitigate any damage to the vessels and passengers caused by collision, without endangering their own vessels, crew and passengers. Thus, captains of colliding vessels shall keep their vessel at the site of incidence until they are convinced that they do not need each other’s assistance.
    Captains of colliding vessels shall notify the captains of other vessels, of the title of their vessels, identification sign and the names of the ports of berthing, origin and destination before they resume journey, without endangering their vessels, crew and passengers, if possible.
   Captains of colliding vessels, if possible, shall record the causes and circumstances of the incidence in their ship logs just after the incidence. This entry in the ship log shall be jointly undersigned by the captain, first mate and one of the crew  members.

Article 11 - The location of the loading (free-board) marking to be placed along two sides and under the deck lines according to the fresh and saline water regions, seasons and timber loads of the commercial vessels carrying passengers or commodities shall be determined in accordance with the statute.
   Commercial vessels without loading markings shall not be allowed to carry passengers or cargo, and commercial vessels that are loaded in excess of the loading lines in their markings shall not be allowed to navigate.
   Commercial vessels under 150 gross tons may be excluded from the scope of  the provisions of this article depending on the maritime zone they navigate and the jobs they perform.

Article 12 - The following substances are deemed as “dangerous goods”  according to this law :
A) Substances which are dangerous in terms of explosion :
1 - Explosives, especially shooting materials;
(substances which are not suitable for assault and shooting purposes, which can not be exploded by flame and which are not more sensitive to friction than dinitrobenzol shall not be considered as explosives).
2 - Ammunition,
3 - Ignition materials, fireworks and similar substances,
4 - Compressed or liquidified gases,
5 - Substances which burn or emit gases that facilitate combustion upon contact with water,
B) Self-flammable substances,
C) Flammable liquids and easily flammable solids,
D) Poisonous substances,
E) Burning substances,
F) Other substances which are similar to those listed above in terms of their physical or chemical properties,
G) Cargoes which are dangerous for stowing, such as livestock, timber and grains.   
   The transportation of aforementioned goods by commercial vessels shall be performed in accordance with the relevant statute.

Article 13 - (Amended : 29/6/1956-6763/43-a)
   Every captain who is obliged to obtain a maritime report from a court with jurisdiction, pursuant to articles 982 and 984 of Turkish Commercial Code shall submit a certified copy of such report to the port administration at the first port of call with a port administration office.

SECTION THREE
Life Saving at Sea

Article 14 - Every captain is obliged to provide every assistance to people whose lives are in danger he encounters at sea, even if they are enemies, without endangering his own vessels, crew and passengers.

Article 15 - The captain of a vessel that receives a mayday sign from another vessel is obliged to go to the assistance to people in danger as soon as possible. However, in the event that the captain considers such an act impossible or not reasonable or useful due to the prevailing conditions or is exempt from such an obligation pursuant to articles 17 and 18, he may refrain from assistance, but he must notify the captain of the vessel demanding help and must record the reasons thereof in the ship log.

Article 16 - The captain of a vessel in danger shall make as many consultations as possible with the captains who have responded to his call and shall be entitled to ask help from one or several of such vessels which he deems fit and the captain(s) who are called for help shall be obliged to assist the people in danger as soon as possible.

Article 17 - In the event that a captain who receives a mayday sign is informed by the captain(s) of any other vessel(s) responding to the same call that the latter would help the vessel asking for assistance, he shall be released of the obligation under article 15.

Article 18 - In the event that a captain is informed by the captain of another vessel which has come to the assistance of the people in danger that his help is no longer required, he shall be released of the obligation under article 15 and if he has not been asked for assistance, he shall be released of the obligation under article 16.

Article 19 - Every captain who is aware of any dangerous iceberg, tropic storms, winds of 10 Beufort or over or any other hazards that endanger the safety of the journey shall notify the same to all vessels nearby and the authorities at the first coastal point that he can communicate, by using all means of communication and in accordance with the relevant rules.

SECTION FOUR
Penal Provisions

Article 20 - The private ship owner who operates and the captain who directs a commercial vessel :
A) which is not permitted to navigate,
B) which has not been granted a seaworthiness certificate,
C) with a certificate  which has been cancelled,
D) with a certificate  which has  expired
shall be sentenced to imprisonment for three months to one year. In addition, the ship owner shall be sentenced to a fine of TL 100 to TL 1000. The sentence shall be doubled in case of repetition of the offense.

Article 21 - A captain who carries passengers with a commercial vessel not allowed to carry passengers or who navigates with a load exceeding the loading limit lines on the loading mark referred to in article 11 hereof shall be sentenced to imprisonment for one month to three months and shall be prohibited from working at sea for a period of six months to one year.

   Those who modify the location of the loading mark shall be sentenced to imprisonment for three months to six months.

   Having obeyed the illegal orders of the ship owner does not release the captain of responsibility.
Article 22 - Those who do not comply with the provisions concerning the transportation of dangerous goods listed in article 12 shall be sentenced to a fine of TL 50 to TL 250.

Article 23 - Those who fail to duly utilize help signs indicated in the statue and who violate paragraphs 2 and 3 of article 10 of this law and articles 13 and 20 of this law shall be sentenced to a fine of TL 50 to TL 250.

Article 24 - Captains who violate paragraph 1 of article 10, article 14, paragraph 1 of article 15 and article 16 of the this law shall be prohibited from working at sea for a period of three months to six months or shall be sentenced to imprisonment for one month to three months. Both penalties shall be applied in serious cases.

Article 25 - In case of collisions between war ships or auxiliary ships of the Turkish navy and Turkish commercial vessels, Military Courts Procedure Law and Military Penal Law shall be applied in legal actions against military personnel

SECTION FIVE
Miscellaneous Provisions

Article 26 - Article 8 hereof shall be applied to war ships or auxiliary ships of the Turkish navy and the provisions of articles 6, 8, 9, 11 and 12 hereof shall be applied to foreign vessels calling or departing from Turkish ports and navigating in Turkish territorial waters.

Article 27 - (Amended : 29/6/1956 - Art. 6763/43-b)
The provisions of sections of “Collision” and “Rescue and Help”  of the Turkish Commercial Law on maritime accidents and the provisions of paragraph 9 article 15 of the Municipalities Law and the provisions of the Public Health Law on sanitary inspection of the vessels are reserved.

Article 28 - Articles 9 and 10 of Maritime Lines Operating Law No. 2239 and the “Rules for Prevention of Collision at Sea” dated April 22, 1301 are repealed.

   Provisional Article 1- The statutes referred to herein shall enter into force within maximum one year after the effective date hereof and the current legislation shall be applicable until that date.

Article 29 - This law shall enter into force on the date of its promulgation.

Article 30 - This law shall be executed by the Council of Ministers.






LIST OF THE LAWS AND PROVISIONS REPEALED BY THE LEGISLATION MAKING AMENDMENTS IN AND ADDITIONS TO THE LAW NO 4922
                           
Repealed Legislation
       
     Repealed Laws or Provisions
Of Laws               Date        No       Article
-------------------------------------------    ------------    ---------        ----------   
Articles 9 and 10 of Maritime Lines
Operating Law           10/6/194        4922           28
No 2239    

Article 291 of Civil Courts
Procedure Law         4/7/1956        6763           47


THE LIST OF EFFECTIVE DATES OF THE LEGISLATION MAKING AMENDMENTS IN AND ADDITIONS TO THE LAW NO. 4922

Law No                                                                                                                                  Articles with different effective dates      Effective date
-------------    --------------------------------------------       -------------
6763            ---             1/1/1957
2459            ---             8/5/1981
KHK/336            ---              5/8/1988
19  Turkish law forums / TURKISH MARITIME LAW / Law on Improvement of Maritime Trade Fleet & Promotion of Ship Building Facility on: September 15, 2010, 02:26:47 AM
PRIME MINISTRY-UNDERSECRETARIAT FOR MARITIME AFFAIRS

LAW ON IMPROVEMENT OF MARITIME TRADE FLEET AND PROMOTION OF SHIP BUILDING FACILITIES
 
          Law No                   : 2581
          Adopted on         : 14/1/1982
          Published in the Official Gazette Dated 21/1/1982   Numbered: 17581
           Code of Publication        : Order: 5  Volume: 21  Page: 166
 
   Article 1 - Ships, which are either purchased from abroad as constructed or readymade and ships (including floating docks) built, modified or repaired in Turkey as well as machinery, equipment and fixtures used in the equipping and navigation of such ships as well as machinery, equipment and fixtures used in construction, modification, expansion and repairs of ship production facilities shall be exempt from customs duties and other taxes and levies (including stamp tax), provided that competent authorities agree thereto. (1)
             Repealed provisions:
             Article 2 – Law No. 3339 dated 21/3/1938 shall be repealed.
             Entry into force:
             Article 3 – This Law shall enter into force on the date of its publication.
             Enforcement:
             Article 4 – This Law shall be enforced by the Council of Ministers.
 
 
 
 
 
 
 
 
 
 
 
 
——————————
(1)    Any provisions for exemption from taxes, duties and levies charged during importation has been repealed by Article 1 of the Law No. 3283 dated 6/5/1986.
20  Turkish law forums / TURKISH MARITIME LAW / Law On The Food Allowance For The Navy Personnel - Law no: 2852 on: September 15, 2010, 02:24:26 AM
LAW ON THE FOOD ALLOWANCE FOR THE NAVY PERSONNEL

Law No               : 2852
Date of Acceptance            : 27/11/1935
Date of Publication in the Official Gazette   : 03/12/1935
Number of the Official Gazette      : 3172

Article 1 – (Amended Article: 26/06/1973-1777/Art. 1)

The food allowance of the officers and non-commissioned officers assigned for ships of the Turkish Armed Forces, listed below, shall be paid in addition to the monthly salary. The payments related with the 12th month shall be made at the end of this month.

Navy Commander: 300
Fleet Commanders, equivalent afloat unit commanders and navy command chief of staff : 250
Division commanders and unit commanders, fleet and division command Chief Engineers: 200
Ship commanders and ship Chief Engineers: 175
Officers: 150
Non-commissioned officers: 100

Article 2- Those assigned as deputies due to inappropriateness of the rank shall be paid the food allowances mentioned in article one.

Article 3- (Amended article: 26/06/1973-1777/Art. 1)

No food allowances shall be paid for periods during which the ships are under factory or dock maintenance.

Article 4- (Repealed:26/06/1973-1777/Art.2)
Article 5- (Repealed:26/06/1973-1777/Art.2)
Article 6- (Repealed:26/06/1973-1777/Art.2)
Article 7- (Repealed:26/06/1973-1777/Art.2)

Article 8- No food allowance shall be paid for any reason to those not actually existed in the ship.

Article 9- (Amended article:26/06/1973-1777/Art.1)

The food allowance shall be paid in double for the period the ships stay in the harbors of the foreign countries.

Article 10- The course food allowance shall be paid during the courses.

Article 11- No food allowances from two sources shall be paid. Payment shall be made for the higher amount.

Article 12- Food allowance for those in another ship for maneuvers and any exercise, shall be paid in the amount allocated for their post, and if not available, the food allowance allocated for ship officers shall be given. (The second sentence has been repealed: 26/06/1973-1777/Art.2).

Article 13- No food allowance shall be paid to those assigned with duties in ships and in courses shall not be paid the travel or residence.

Article 14- (Amended article:26/06/1973-1777/Art.1)

There shall be no deductions on the food allowance as it is exempt from any tax.

Article 15- The law No 659 and the related law No 2022 has been repealed.

Article 16- The method for the implementation of this Law shall be defined by a regulation.

Article 17- This law shall come into effect by the start of the month following the date of its publication.

Article 18- (Amended article:26/06/1973-1777/Art.1)

This Law shall be executed by the Ministry of Defense, Ministry of Interior and Ministry of Finance.

Provisional Article-1
Non-commissioned officers, who are still working in the warships and auxiliary ships, to be eliminated shall be paid the food allowance allocated for the sixth class and lower military civilian officers until the date they are eliminated.
Pages: [1] 2 3 ... 8

Legal News    A-Law Directory    Hukuki Net    Turkish Forums    Private Security    LegalMenu
hukuki net lawlegal search engine

Page created in 0.181 seconds with 17 queries.