{"title":"Principle of equality of arms in criminal proceedings: A systematic review of literature","authors":"Orhan Arslan","doi":"10.30915/abd.1186643","DOIUrl":"https://doi.org/10.30915/abd.1186643","url":null,"abstract":"The principle of equality of arms is an element of the ECHR's principles of fair trial and fair hearing. This study was carried out to determine the knowledge and research gaps in the theses and articles in the national literature on the principle of equality of arms in criminal proceedings. Qualitative research strategy and systematic review method are employed. As a result of the systematic scanning process carried out on DergiPark, YÖK Thesis Center and TrDizin portals, 9 theses and 6 articles were identified and taken into examination and evaluation. It has been observed that there is no empirical study on the principle of equality of arms in the national literature, while existing studies are conducted with a normative approach. It has been observed that the majority of the identified studies examine the principle of equality of arms on a macro scale, while very few of them focus on one of the procedural implementation aspects of the principle. As a result of the content analysis, it has been determined that the principle has nearly 100 procedural implementation appearances in criminal proceedings and processes.","PeriodicalId":231622,"journal":{"name":"Ankara Barosu Dergisi","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124316251","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Responsibility of The Vehicle Operators of Stolen or Usurped Motor Vehicles","authors":"Özlem Tüzüner, Perihan Ece Erzi̇k","doi":"10.30915/abd.1186639","DOIUrl":"https://doi.org/10.30915/abd.1186639","url":null,"abstract":"The responsibility of the vehicle operators of stolen or usurped motor vehicles and the way to eliminate this responsibility are shown in the first paragraph of article 107 of Highway Traffic Law No: 2918. According to the aforementioned paragraph, operators can escape the liability to pay compensation by proving that they or the persons for whose actions they are responsible have no misbehaviors related to the theft or usurpation of the vehicles. In this study, the correlation between the first paragraph of article 107 of the Highway Traffic Law and the responsibility of the operators for stolen or usurped motor vehicles are examined. The first paragraph of article 107 of the Highway Traffic Law is criticized, in particular the possibility of the joint responsibility of the vehicle operator and the thief or usurper. Finally, in addition to the responsibility of the operator with the thief or usurper, the responsibility of those to the passengers who get into the stolen motor vehicle is also explained. It is hoped that a critical examination of the operator’s joint responsibility with the thief or usurper will contribute to the Turkish legal literature.","PeriodicalId":231622,"journal":{"name":"Ankara Barosu Dergisi","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129995188","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Submission of the Lawsuit Petition and Other Documents to the Nearest Superiors in Administrative Jurisdiction and Extending the Scope","authors":"Celal Işiklar","doi":"10.30915/abd.1186641","DOIUrl":"https://doi.org/10.30915/abd.1186641","url":null,"abstract":"The places where a lawsuit petition and other documents can be submitted in the administrative jurisdiction are shown in Article 4 of the Administrative Procedure Law No. 2577 (İYUK). However, with the 20/C article added to the İYUK with the Law No. 7329 dated 24.06.2021, a new and specific opportunity has been introduced regarding some disputes concerning certain personnel. According to the third paragraph of article 20/C, if there is a dispute arising from administrative actions and actions related to military service, and If this dispute concerns public officials, reserve officers and reserve petty officers and privates working in the Ministry of National Defense, “Petitions and all kinds of documents related to lawsuits can be given to the nearest superiors to be sent to the relevant administrative jurisdiction in addition to the places specified in Article 4.” This regulation, taken from the abrogated Supreme Military Administrative Court Law No. 1602, meets a certain and concrete need. It can be said that the enacted rule is more comprehensive than the source Law. Likewise the regulation technique of the rule and the appropriateness of its place in the Law can be discussed. This new arrangement is correct and appropriate. Moreover, the scope of regulation can be further expanded. In our opinion, petitions can be submitted to superiors in other disputes. In the same way, some additions can be made to the places where the petitions will be submitted: Postal administration, governor, district governor and Regional Administrative Courts, etc. However, the law needs to be revised for this.","PeriodicalId":231622,"journal":{"name":"Ankara Barosu Dergisi","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132886955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Bilişim Sistemine Girme ya da Sistemde Kalma Suçu","authors":"A. Büke","doi":"10.30915/abd.1186640","DOIUrl":"https://doi.org/10.30915/abd.1186640","url":null,"abstract":"Bilim ve teknolojinin baş döndürücü hızla gelişimine paralel olarak bilişim hukuku alanında ülkemizde ve dünyada hukuki düzenleme yapma zorunluluğu doğmuştur. Günümüzde dijital iletişim araçlarının kullanımının yaygınlaşması ile bilişim sistemine girme ya da bilişim sisteminde kalma fiilleri, herkes tarafından kolayca işlenebilecek bir suç türü konumundadır. Bu suç, başta bilişim sisteminin güvenliği ve güvenilirliği olmak üzere kişisel veriler, kişilerin özel yaşamı, ticari alan, ulusal ve uluslararası güvenlik gibi birçok alanı tehdit edebilecek konuma geldiği için temel bir bilişim suçudur. Bu çalışmada Türk Ceza Kanunu’nun 243. maddesinde yer alan “Bilişim Sistemine Girme ya da Sistemde Kalma” suçu, uygulamadan örnekler sunularak yargı kararları ışığında analiz edilmiştir.","PeriodicalId":231622,"journal":{"name":"Ankara Barosu Dergisi","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121820798","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"THE IMPACT OF THE EUROPEAN UNION CHARTER OF FUNDAMENTAL RIGHTS ON THE ACTIVITIES OF PARLIAMENT, COUNCIL AND COMMISSION OF THE EUROPEAN UNION","authors":"Servet Alyanak","doi":"10.30915/abd.1137072","DOIUrl":"https://doi.org/10.30915/abd.1137072","url":null,"abstract":"Thirteen years since the entry into force of the Lisbon Treaty, which enables the European Union Charter of Fundamental Rights to reach the same legal value as the EU Treaties (EU Treaty and TFEU), and almost twenty-two years have passed since the first declaration of this Charter at the European Council Summit in Nice by the three major political institutions of the European Union, the Parliament, the Council and the Commission, on 7 December 2000. During this period, it is important to reveal and analyze what kind of effects the rights included in the Charter of Fundamental Rights have had on the implementations of the EU's political institutions and organs. Over the recent years, the European Parliament, the Council and the European Commission have strengthened their fundamental rights protection and developed a solid toolbox to ensure that EU legislation and policies fully respect the Charter. As a legal instrument aiming to effectively protect the rights of EU citizens, the actual impact and use of the Charter and how it is implemented by the three most important institutions of the EU in this process have been evaluated.","PeriodicalId":231622,"journal":{"name":"Ankara Barosu Dergisi","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128937327","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"ANNOTATIONS (TCC Art.1010/b.1 AND TCC Art.1011/b.1) GIVEN IN THE CASES CREATING A CHANGE IN THE DEED AND THE RESULTS OF THE ANNOTATIONS","authors":"Melek Yuce, Etem Saba Özmen","doi":"10.30915/abd.1153100","DOIUrl":"https://doi.org/10.30915/abd.1153100","url":null,"abstract":"In practice, during the lawsuits against immovables, an annotation is given to the land registry under the name of “annotation of the lawsuit” as there is only one. This, which is not compatible with the systematic of the Civil Code, was formed by the Supreme Court. The same problem exists in the cases related to cancellation of a deed. The expressions used by the courts don’t exist in Turkish Civil Code (TCC) or in doctrine. The study aims to show the mistake regarding the mentioning of two annotations, which have different functions, as a single annotation in judicial decisions. Judicial decisions that don’t discriminate the two annotations which are given in these cases, cannot make the distinction regarding the annotations. When in a lawsuit annotation TCC 1010/ 1 is given, it protects the personal right of the plaintiff has. On the other hand, the annotation regulated in TCC 1011/ 1 prevents the plaintiff’s real rights from being acquired by law by bona fide third parties. In this study, results based on these two distinctions are presented. In addition, the difference between these annotations and the interim injunction given in accordance with the Code of Civil Procedure is determined.","PeriodicalId":231622,"journal":{"name":"Ankara Barosu Dergisi","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126079734","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A BRIEF ANALYSIS OF THE GRAIN CORRIDOR AGREEMENT IN TERMS OF INTERNATIONAL LAW","authors":"Tolga Candan, Ozan Emin Halhalli","doi":"10.30915/abd.1161930","DOIUrl":"https://doi.org/10.30915/abd.1161930","url":null,"abstract":"On Thursday 24 February 2022, the military aggression launched by the Russian Federation against the territory of Ukraine provoked intense reactions from the international community. As a result of these reactions, the United Nations (UN) and the European Union (EU) have adopted comprehensive sanctions against Russia. On the other hand, Russia's military blockade of Ukrainian ports prevents grain exports from Ukraine to third countries, particularly to North African countries. This has led to a sharp increase in world grain prices, causing a global food security problem and threat of hunger. Diplomatic initiatives carried out through the UN, particularly by Turkey, have been successful in solving this problem and on 22 July 2022, Russia, Ukraine, Turkey and the UN signed the \"Document on the Initiative for the Safe Shipment of Grain and Foodstuffs from Ukrainian Ports\", shortly referred to as the \"Grain Corridor Treaty\". With this agreement, it is aimed to establish safe routes along the red line drawn through the ports of Odessa, Chornomorsk and Yujniy in Ukraine and to ensure food shipments by utilizing these safe corridors, to reduce global food prices and food shortages by ensuring the safe passage of foodstuffs and especially grain products. The main purpose of this study is to evaluate the preparation process, scope and implementation of this compromise text, in which Turkey played an important role.","PeriodicalId":231622,"journal":{"name":"Ankara Barosu Dergisi","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127100938","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Position of Municipal Economic Enterprises Against Stamp Duty","authors":"İdris Hakan Furtun","doi":"10.30915/abd.1161104","DOIUrl":"https://doi.org/10.30915/abd.1161104","url":null,"abstract":"Although the number of state-owned enterprises has decreased with the privatizations in Turkey today, economic enterprises established by municipalities are constantly increasing. These companies, which are established by the municipalities and whose capitals are also provided by the municipalities, employ a large number of personnel and realize a significant economic transaction volume. Stamp duty is a legal transaction tax that comes to the fore due to the papers issued for legal transactions. In the Stamp Duty Act, no 488, government offices, including the municipalities, are exempted from this duty and it was regulated that the stamp duty of papers to be issued between government offices and individuals would be paid by the persons who are the other party of the transaction. Whether municipal economic enterprises are also within the scope of this exemption and who will pay the stamp duty on the documents regarding the economic transactions they carry out are a matter of debate from time to time both in practice and in judicial decisions. This study tries to explain the position of municipal economic enterprises against stamp duty.","PeriodicalId":231622,"journal":{"name":"Ankara Barosu Dergisi","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123705734","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Compensation That May Be Claimed in Case the Agreement Ratified Upon by the Effect of the Fraud","authors":"Hülya ATLAN GÜRER","doi":"10.30915/abd.1160610","DOIUrl":"https://doi.org/10.30915/abd.1160610","url":null,"abstract":"Turkish Code of Obligations Art. 39/2 has adopted the basis that the right to indemnity will not be abolished ipso facto if the contracting party, whose intention defected in consent, has ratified the agreement. Thus, the defrauded party may request compensation for the damage caused by the fraud, even though the agreement is valid because of the ratification. The implementation of the provision, which appears as an exceptional regulation in various aspects of Turkish law of obligations, must be limited to certain cases which annulment of the agreement cannot be expected from the defrauded party. In these cases, the defrauded party, requests compensation from the party who violates the pre-contractual liability, for irrepealable damages even though the agreement is ratified. In this context, the requisition of damage is a negative damage as a rule. In this sense, the provision is an exceptional regulation in terms of positive and negative damage.","PeriodicalId":231622,"journal":{"name":"Ankara Barosu Dergisi","volume":"227 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124267988","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"EFFECTS OF THE CONSTITUTIONAL COURT’S JUDGMENT TO REVOKE THE LAST PARAGRAPH OF ARTICLE 367 OF THE TAX PROCEDURE LAW NO. 213 ON ADMINISTRATIVE ACTIONS ARISING FROM TAX DISPUTE","authors":"Yunus Emre Yilmazoğlu","doi":"10.30915/abd.1118142","DOIUrl":"https://doi.org/10.30915/abd.1118142","url":null,"abstract":"The Constitutional Court revoked the last paragraph of Article 367 of Tax Procedure Law No. 213, which stipulates that the decisions taken during the criminal proceedings and the tax misdemeanour proceedings do not bind each other, ruling it constitutes a violation of the Constitution. The ne bis in idem principle, which stipulates that these two proceedings should be conducted in a sufficiently close manner both in substance and in time, is applicable in Turkish law within the scope of both the Constitution and Article 4 of Protocol No. 7 to the European Convention on Human Rights. In the light of the aforementioned annulment judgment and the applicable rules regarding the principle of ne bis in idem, this study aims to examine the effect of the conclusion of the criminal investigations and prosecutions with a decision concerning the basis of the criminal charge (which constitutes an “acquittal” or a “conviction” with an autonomous interpretation), on the cases arising from tax disputes pending in the administrative jurisdiction.","PeriodicalId":231622,"journal":{"name":"Ankara Barosu Dergisi","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127271556","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}