Evaluation of the granting of immunity to judges and prosecutors through Articles 9 of Decree Law No. 667 and Article 37 of Decree Law No. 668, in terms of its contradiction with the principle of equality of arms
Dr. Mehmet GÜNAY states that an important form of violation of the principle of equality of arms is related to the legal changes made during the criminal case process. This is because making procedural legal changes that would be applied retroactively in investigations initiated with an accusation of crime and in criminal cases filed can constitute a violation of the principle of equality of arms. Such legal changes must be of a nature that produces outcomes favorable to the judicial authorities and detrimental to the defendant. For example, if a legal regulation is introduced after the trial has begun, granting full immunity from legal, administrative, financial, and criminal liability to individuals such as prosecutors and judges involved in the trial, this would place the defendant at a disadvantage in that trial. In such a situation, one cannot speak of equality of arms and, consequently, of a fair trial. However
What are the conditions for leasing the exterior wall, roof, or terrace of a building for advertising purposes?
According to Article 45 of the Condominium Law (KMK), important management matters such as leasing the exterior walls, roof, or terrace of the main immovable property for advertising purposes can only be carried out with the unanimous decision of all floor owners. Accordingly, the unanimous consent of the floor owners is required for leasing the exterior wall for advertising purposes, and in the absence of unanimity at the general assembly, the lease agreement becomes invalid. Consequently, the unanimous consent of all floor owners is required for the act of leasing the common area, the exterior facade of the building, for advertising purposes. However, a workplace may place a non-exaggerated, non-disruptive, and aesthetically pleasing advertising sign within the exterior facade limits of its own independent section (unless prohibited by the management plan or a board decision).
The decision of non-prosecution in a criminal investigation does not abolish the victim status required for a person to make an individual application based on freedom of expression.
The decision of non-prosecution in the criminal investigation concerning Lawyer Meryem Günay and Dr. Mehmet Günay does not abolish the victim status required for an individual to make an individual application based on freedom of expression. Generally, for an individual to be able to apply alleging a violation of their right to freedom of expression, that person must have been subjected to a real threat or interference with this right. Receiving a non-prosecution decision in a criminal investigation can confirm the existence of such a threat or interference. Because such an investigation can create serious stress and anxiety for the individual, overshadow their professional activities, and significantly restrict them. For example, if the government claims that an applicant does not have victim status within the meaning of Article 34 of the European Convention on Human Rights, and the prosecution to the applicant
How to Change the Apartment Management Plan?
According to Attorney Meryem Günay, under the Condominium Law, certain majorities must be ensured for important decisions to be made in apartment or complex management. One of these important procedures is the amendment of the management plan. What is a Management Plan? Pursuant to Article 28 of the Condominium Law, the management plan is a written document that determines how an apartment building or complex will be managed and binds all flat owners. This plan regulates matters such as the form of management of the main property, the purpose and manner of use of independent sections, the fees of managers and auditors, and the use of common areas. How is the Management Plan Amended? Amending the management plan is not an ordinary decision. It must be approved by a four-fifths (4/5) majority vote of the flat owners. This means, for example, 20
The Four-Month Rule in ECtHR Applications: 14 Important Points to Know
1. Applying for a review of the proceedings does not suspend the four-month application period. 2. Utilizing extraordinary legal remedies does not suspend the four-month application period. 3. The use of a domestic remedy whose application is subject to the discretion of public officials and is, as a result, not directly accessible to the applicant, is not taken into account in the calculation of the four-month application period. 4. The four-month time limit rule for applications to the ECHR is a rule related to public policy, and even if it is not raised by the government, the ECHR takes this rule into account ex officio. 5. Proving the date on which the applicant learned of the final domestic decision lies with the State that claims non-compliance with the four-month time limit rule. 6. Final in domestic law
What Can Property Owners Do If the Apartment Manager Fails to Call a Meeting?
In the event that the apartment manager, Av. Meryem GÜNAY, Dr. Mehmet GÜNAY, fails to fulfill their duty to call an ordinary or extraordinary meeting within the stipulated period, can apartment owners issue a meeting invitation? Yes, according to the Condominium Law, if the apartment manager fails to fulfill their duty to call a meeting, apartment owners can personally carry out this process. Steps Apartment Owners Must Follow Written application to the manager: Apartment owners constituting one-third of the majority must request the manager to hold an extraordinary meeting and formally ask them in writing to issue the invitation. Apartment owners cannot directly carry out these procedures themselves without first requesting the manager to perform the extraordinary meeting invitation procedures. Applying to the manager is a prerequisite. This step provides ease of proof in the future process. Written invitation
Can an Apartment Manager Grant Power of Attorney to a Lawyer? Is a Board of Apartment Owners’ Decision Required?
Attorney Meryem Günay, Attorney Dr. Mehmet Günay General Situation and the Role of the Manager First of all, apartment management does not have legal personality. This generally means that the apartment manager or the board of directors does not have the capacity to sue and be a party independently. According to Article 38 of the Condominium Law, the manager is responsible to the flat owners exactly like an agent. The relationship between the manager and the flat owners is defined as a power of attorney relationship. In this capacity, the manager can enter into contracts with third parties that will create debt and credit relationships, based on their powers arising from the law and the management plan, and can both initiate lawsuits due to these contracts and be sued themselves. Article 35 of the Condominium Law lists the duties of the manager. Among these duties is the execution of decisions made by the board of flat owners
What can the apartment management or flat owners do if the tenant does not pay the dues?
Attorney Meryem Günay, Dr. Mehmet Günay 1. Tenant’s Responsibility for Dues Debt: Who Pays, Who Does Management Apply To? According to Article 20 of Law No. 634 on Condominium Ownership, the obligation to contribute to the common expenses of the main immovable property primarily belongs to the condominium owner. However, according to the first paragraph of Article 22 of the Condominium Ownership Law, those who continuously benefit from one of the independent sections based on a lease agreement or another reason (tenants) are jointly and severally responsible for the expenses and advance debts, and late payment penalties falling to the share of the condominium owner. Pursuant to Article 18/2 of the Condominium Ownership Law (KMK) No. 634, the provisions regarding the debts of condominium owners also apply to tenants in independent sections and to those who continuously benefit from these sections in any way. In the lease agreement
Is it mandatory for condominium owners to contribute to the expenses of innovations or additions that are luxurious or very costly, or are not in areas necessarily used by all condominium owners?
As a law firm operating in Istanbul Tuzla, we frequently receive legal questions regarding apartment management, site fees, common area renovations, and the rights of unit owners. In this article, we meticulously address the obligation to participate in expenses related to luxurious or very costly innovations and additions, which fall under Article 43 of the Condominium Law and often cause disputes between site managements and unit owners. Article 43 of the Condominium Law contains an important provision regulating the obligations and rights of unit owners to participate in expenses according to the nature of the planned innovations and additions. The article first requires an assessment of the nature of the desired innovations or additions. If these innovations
If there is no special provision in the lease agreement regarding who will pay the building expenses, how is the tenant’s responsibility determined in this case?
Atty. Meryem GÜNAY, Dr. Mehmet GÜNAY In the absence of a specific provision in the lease agreement regarding who will pay the building expenses, the tenant’s responsibility is determined by whether the leased property is subject to the Condominium Law (KMK) and the nature of the expense. Situation in Properties Subject to the Condominium Law If the leased property is subject to the Condominium Law (a main real estate consisting of independent sections such as an apartment, complex, or business center), building expenses are generally handled according to KMK provisions. Responsibility of the Condominium Owner: According to Article 20 of the Condominium Law, each of the condominium owners is responsible for the insurance premiums of the main real estate, the maintenance, protection, strengthening, and repair expenses of all common areas, the manager’s salary, and the expenses for the doorman, stoker, gardener, and security guard.
FREIGHT AGREEMENTS
Atty. Meryem GÜNAY, Atty. Dr. Mehmet Günay 1. Concept of Freight and Importance of Freight Contracts in Maritime Trade Freight refers to the fee paid for the transportation of goods by sea. The determination and payment of this fee are secured by “freight contracts,” which are among the fundamental types of contracts in maritime trade. Starting from Article 1138 of the Turkish Commercial Code (TCC), the establishment, scope, and obligations of the parties to a freight contract are detailed. 2. Definition and Legal Nature of a Freight Contract A freight contract is defined in the Turkish Commercial Code as an agreement where the carrier undertakes to transport goods by sea to a specific location in exchange for a freight fee (TCC, Art. 1138). According to Turkish law, a freight contract is a type of carriage contract and
Ship Mortgage According to the Turkish Commercial Code
Att. Meryem GÜNAY, Att. Dr. Mehmet GÜNAY Introduction. In maritime trade and transportation, ship mortgage holds great importance for securing the rights of the creditor. The Turkish Commercial Code (TCC) regulates ship mortgage in detail in its articles 1014 to 1053 as a powerful security instrument that secures the rights of the creditor. While ship mortgage grants the creditor the right to collect their claim from the ship’s value if the debtor fails to pay their debt; with its structure similar to real estate pledge provisions, it considers the specific conditions of ships and maritime trade. Ship mortgage offers the creditor comprehensive security by covering not only the ship’s value but also ancillary elements such as integral parts, accessories, and insurance compensations attached to the ship. In this study, the ship mortgage’s
Criminal Acts Related to Hoisting the Turkish Flag on Ships According to the TCC
Att. Meryem GÜNAY, Att.Dr. Mehmet GÜNAY Introduction The Turkish Flag is the most important national symbol of the Republic of Turkey at sea. For this reason, legal regulations concerning ships sailing under the Turkish flag have been handled with great care; penal provisions have been stipulated within the framework of the Turkish Commercial Code (TCC) to prevent the misuse or illegal use of the flag. Regulations regarding the right to hoist the flag are of great importance for the protection of national identity and the preservation of Turkey’s reputation in the maritime sector. A. Acts Constituting an Offense 1. Hoisting the Flag Illegally (TCC art. 947) According to the Turkish Commercial Code, ships that are not Turkish citizens or do not legally have the right to hoist the Turkish Flag cannot hoist the Turkish Flag. The right to hoist the Turkish Flag
Definition of Ships, Legal Status and Flag Hoisting Rights According to the Turkish Commercial Code
Atty. Meryem GÜNAY, Atty. Dr. Mehmet GÜNAY Introduction In commercial maritime law, the definition, use, and related legal responsibilities of ships are regulated in detail in Articles 931 to 946 of the Turkish Commercial Code (TCC). These regulations define ships, which are an important part of maritime trade, their legal status, and the obligations of the parties. 1. Definition of a Ship and Commercial Ship Status (TCC Art. 931) According to the Turkish Commercial Code, a ship is defined as any vessel capable of moving in water, possessing the ability to float, and not being very small. Even if they cannot move on their own, these vessels intended to float and be moved in water are considered “ships.” If this ship is allocated for the purpose of generating economic benefit or is actually used for this purpose, it is considered a “commercial ship.”
Provisional Attachment of Ships
Atty. Meryem GÜNAY, Dr. Mehmet GÜNAY Introduction The complex and dynamic nature of maritime trade necessitates special measures to protect creditors’ rights and secure their claims on vessels. Articles 1352 to 1381 of the Turkish Commercial Code (TTK) meticulously regulate the application of precautionary attachment on vessels to secure maritime claims. These provisions provide legal protection on vessels to meet claims arising from maritime trade activities among shipowners, charterers, crew, cargo owners, and other relevant parties. In maritime trade, precautionary attachment functions by giving the creditor the opportunity to temporarily seize the debtor’s assets, thereby providing security in the collection process. In this article, how precautionary attachment is applied under the TTK
What are the Losses or Damages Caused by the Operation of the Vessel? (TCC Art. 1352/1a)
Atty. Meryem GÜNAY Introduction The phrase “loss or damage caused by the operation of the ship” in paragraph (a) of Article 1352 of the Turkish Commercial Code covers material losses occurring during the commercial activities of the ship. Such damages typically arise during the ship’s activities such as cargo transport, maneuvering, berthing, or departing from port. Loss or damage caused by the operation of the ship includes not only material damage to the ship itself but also to goods belonging to third parties, port infrastructure, or other vessels. Legal Basis and Scope Damages arising from the operation of the ship create significant legal responsibility for both the shipowner and the person or entity operating the ship. The ship’s commercial activities
كيفية الحصول على تصريح إقامة قصيرة الأمد في تركيا للأجانب: متطلبات التقديم والوثائق اللازمة
Lawyer, Meryem Günay 1. What is a Short-Term Residence Permit? Definition: A short-term residence permit is a type of residence permit granted to foreigners present in Turkey for specific temporary purposes. The permit is generally granted for a period of up to two years, and in some cases, such as for investors and citizens of the Turkish Republic of Northern Cyprus, the period may extend to five years. This permit aims to regulate the stay of foreigners for purposes such as scientific research, business contacts, tourism, education, and medical treatment. (Law No. 6458, Article 31 on Foreigners and International Protection) Application Location and Duration of Stay: Applications within Turkey must be submitted to the provincial governorates, while applications from abroad are submitted to the relevant Turkish consulates. Must be completed
How to Obtain a Short-Term Residence Permit in Turkey for Foreigners: Application Requirements and Necessary Documents
Attorney, Meryem Günay 1.What is a Short-Term Residence Permit? Definition: A Short-Term Residence Permit is a type of residence permit issued to foreigners who are in Turkey for specific temporary purposes. The permit is generally issued for up to two years; however, in certain cases, such as for investors and TRNC citizens, the period may extend up to five years. This permit is intended for foreigners residing temporarily for purposes such as scientific research, business connections, tourism, education, and medical treatment. (Law No. 6458, Article 31 on Foreigners and International Protection)Application Location and Duration: Applications made within Turkey should be
How to Obtain a Short-Term Residence Permit in Turkey for Foreigners: Application Requirements and Necessary Documents
1. What is a Short-Term Residence Permit? Definition: A Short-Term Residence Permit is a type of residence permit granted to foreigners staying in Turkey for temporary purposes for a specified period. The permit is generally issued for a maximum period of two years. However, for some special cases such as investors and TRNC citizens, the permit duration can be extended up to five years. This residence permit is intended for foreigners who will stay for temporary purposes such as scientific research, business connections, touristic visits, education, or medical treatment. (Law on Foreigners and International Protection No. 6458, art. 31) Application Place and Period: Applications made from within the country are submitted to governorships, while applications made from abroad are submitted to the relevant Turkish consulates. Applications from within the country must be made before the foreigner’s legal stay period expires. Applications, residence
How to Obtain Turkish Citizenship Through Marriage? What Are the Application Requirements and Procedure?
Foreigners who wish to acquire Turkish citizenship through marriage must meet certain conditions and submit all required documents completely. This process involves a detailed application and examination to prove that the marriage is genuine and that the applicant does not pose a security risk to Turkey. 1. Application Conditions The basic conditions that foreigners applying for Turkish citizenship through marriage must meet are as follows: At Least Three Years of Marriage: Foreign nationals married to a Turkish citizen must be in a marital union that has lasted at least three years and is still ongoing. The marital union must be for the purpose of a real family unit, not solely for citizenship. Otherwise, a fraudulent
كيفية الحصول على الجنسية التركية عن طريق الزواج؟ الشروط والإجراءات
Foreigners wishing to obtain Turkish citizenship through marriage must meet certain requirements and submit all necessary documents in full. This process involves submitting a detailed application and undergoing a review to prove that the marriage is genuine and that the applicant does not pose a security risk to Turkey. 1. Application Conditions Foreigners applying for Turkish citizenship through marriage must meet the following basic conditions: Marriage for at least three years: Foreigners married to a Turkish citizen must be in a continuous marriage for at least three years. The purpose of the marriage must be to form a genuine family unit, not solely for obtaining citizenship.
How to Obtain Turkish Citizenship Through Marriage? Requirements and Procedure
Attorney Meryem Günay Foreign nationals wishing to acquire Turkish citizenship through marriage must meet specific requirements and submit the necessary documents completely. This process includes a detailed application and review procedure to prove that the marriage is genuine and that the applicant does not pose a security risk to Turkey. 1. Application Requirements Foreigners applying for Turkish citizenship through marriage must meet the following basic conditions: At Least Three Years of Marriage: Foreign nationals married to a Turkish citizen must be in a marriage that has lasted for at least three years and is still ongoing. The marriage must aim
Conditions and What You Need to Know About Rent Determination Lawsuit?
Rent determination lawsuits are filed, especially during the renewed periods of lease agreements, with the aim of redetermining the rent amount in accordance with current market conditions. Upon the expiry of the 5-year period, lessors may apply to the court to increase the rent amount under certain conditions. 1. What are the Conditions for a Rent Determination Lawsuit Filed Due to the Expiry of the Five-Year Period? For a rent determination lawsuit to be filed, certain conditions must be met. The main conditions required to file a rent determination lawsuit when the 5-year period expires are: Duration of the Lease Agreement: The duration of the lease agreement must have exceeded 5 years or the lease agreement must have completed its fifth year. According to Articles 344 and 345 of the Turkish Code of Obligations, for durations longer than 5 years
How to Obtain a Free Zone Operating License? What are the Application Conditions and Stages for an Operating License?
Dr. Mehmet GÜNAY 1. Preparation Phase Obtaining the Application Form The Free Zone Activity License Application Form is downloaded from the official website of the T.R. Ministry of Trade and filled out electronically in accordance with the activity for which the application will be made. Explanations should be read carefully before filling out the form. Payment of the Application Fee The fee of 5,000 USD determined for the application is deposited into the Free Zones Special Account, dollar account number 951 101 301, located at the Central Bank of the Republic of Turkey. The bank receipt showing that the fee has been deposited is added to the application file. 2. Application on Behalf of an Existing Company Preparation of Required Documents The filled Application Form and the documents requested on page 1 of the form are prepared completely. These documents are: The company’s establishment and latest capital structure
According to the ECtHR, the use of evidence obtained from third parties through torture in legal proceedings means “a blatant denial of justice” or “a denial/rejection of justice.”
Evidence obtained through a violation of Article 3 of the Convention and used against the defendant in proceedings may have been obtained from a third party other than the defendant. Undoubtedly, whether the use of unlawfully obtained evidence from a third party in this manner, through a violation of Article 3, against the defendant renders the proceedings unfair is an important issue that needs to be resolved. The ECtHR has not changed its strict approach that evidence obtained in violation of Article 3 cannot be used in proceedings in such cases. This is because the ECtHR has ruled that the use of evidence obtained through torture from a third party, in particular, would amount to “a manifest denial of justice” or “a denial/rejection of justice.” As can be seen, the ECtHR’s acceptance of this applies not only when the victim of ill-treatment contrary to Article 3 is the main defendant, but also when third parties
Does the conclusion of a case within the target period determined by domestic law preclude the assertion of a violation of the right to a trial within a reasonable time?
Undoubtedly, the target durations set in domestic law may lead to certain hesitations regarding the application of the right to a trial within a reasonable time, as guaranteed by Article 6 of the ECHR. For example, will the completion of a civil lawsuit within the target duration stipulated by domestic law definitively preclude the assertion of a violation of the right to a trial within a reasonable time? In other words, will the completion of a trial within the determined target duration mean that the right to a trial within a reasonable time has not been violated? Because in some cases, a trial might have been completed within the target duration. However, the case might also have been unnecessarily prolonged due to the judicial authority leaving the file inactive. Or, if the determined target duration is exceeded, it might be decided that the right to a trial within a reasonable time has not been violated
Is it a condition for the violation of the right to a fair trial to be asserted through individual application that the trial must have ended? Are there any exceptions?
As a rule, for a person accused of a crime or who is a party to a dispute concerning civil rights and obligations to benefit from the protection of Article 6 of the Convention, which regulates the right to a fair trial through individual application to the ECtHR or the Constitutional Court, their trial must have concluded and the decision rendered as a result of the trial must have become final. If the trial is ongoing, the individual’s individual application as a victim will not be accepted. The basic rationale behind the condition that a decision must have been rendered on the merits of the dispute is to allow the national state the opportunity to remedy the violation in question. This is because the ECtHR, when examining whether Article 6 has been violated, takes into account the entirety of the proceedings at the national legal level. Indeed, what was neglected at a certain stage of the proceedings
