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Law and Justige in Turkey

LAW AND JUSTICE IN TURKEY

The Republic of Turkey is a democratic, secular and unitary state. As is the case with all democratic countries, government is determined by elections in Turkey. The government regime is a republic and the principle of separation of powers have been adopted.

In this system, the fundamental constitutional organs of the state are legislation, execution and judgement. The legislative prerogative is exercised by the parliament through the elected deputies. Legislative power denotes the power to make laws. The rule making power is assigned to the parliament by the constitution. The execution represents the enforcement of the laws made by the parliament and presidential decrees.

The judicial power in Turkey is executed by independent courts and higher judicial bodies. Every individual is equal before the laws and every individual has the right to legal remedies. The judicial branch has two sub-branches: judicial and administrative.

The judicial power in Turkey  is exercised by independent courts  and higher judicial bodies.

 

Legal Order in Turkey

The Republic of Turkey is a constitutional state where the rule of law is respected. The laws apply equally to everyone regardless of their language, race, color, sex, political views, philosophical beliefs, religion, denomination, etc. The provisions of law are in written form in Turkey. These provisions are made up of the constitution, laws, statutory decrees, statutes, regulations, directives, communiques and other regulatory procedures. In addition, duly implemented international conventions have a legal effect.

The legal system in Turkey recognizes many rights to individuals. However, individuals are not given unlimited freedom in exercising these rights. While enjoying their acquired rights, individuals must pay attention to the regulations that restrict these rights and act within the confines of these restrictions. For instance, individuals are free to act however they want at their home but cannot make any noise that might disturb their neighbors. Individuals may use their property however they want but not against the rules of morality. Individuals must use their rights in a manner of respect to others and to social life.

Fundamental Values of Turkish Legal Order

Turkey is one of the leading countries that have taken important steps for protection of fundamental rights and liberties. While integrating its the domestic legal system with international conventions and supervisory mechanisms in order to improve fundamental rights and liberties, Turkey has also made reforms to provide its citizens with broad rights and liberties under the principle of “equal citizenship”. Democratization and reforms in fundamental rights and liberties and human rights have gained considerable momentum by 2000s. Fundamental rights and liberties applies to everyone and includes individuals’ the duties and responsibilities towards society, their families and other individuals.

  • Every person is equal before the law.
  • Every person has the right to live, and preserve and develop their material and moral assets.
  • No one can be forced to work.
  • Every person has personal freedom and security.
  • Every person has the right to demand respect to their private life and family affairs. Right to privacy is guaranteed.
  • Immunity of domicile is applicable.
  • Every person has the freedom of communication.
  • Every person has the freedom of settlement and travel.
  • Every person has the freedom of faith and thought.
  • For any reason, no one can be forced to express their ideas.
  • Every person has the right to express their ideas individually or collectively by verbal, written, visual or other means.
  • The press is free and shall not be censored.
  • Every person has the freedom to establish, join or leave an association without prior permission.
  • Nobody can be deprived the right of education.
  • Every person has the right to work and contract in any field they wish.
  • No one shall be employed in a job that does not match their age, gender or strength.

Reforms have been made to provide citizens with broad rights and  liberties under the principle of “equal citizenship”.

 

Notarial Processes

Notaries in Turkey are official bodies affiliated with the state, which make documents official and attest the validity of certain processes. When applying formal procedures, you may need to consult to a notary at the request of an organization or for assurance of a certain unofficial procedures. In addition, certain procedures can only be made in the presence of notary. These procedures are as follows;

  • Issuing a power of attorney (issuing an authority of representation)
  • Sales of vehicles
  • Attestation of translated documents
  • Attestation of commercial and financial books
  • Sales agreements
  • Having issued a signatory circular
  • Sending a warning or a notice
  • Drafting an incident report
  • Issuing a pledge
  • Escrow acceptance and keeping procedures
  • Attestation of dates, signs and seals on unofficial documents

Notarial procedures are charged.

To Issue Power of Attorney in Turkey

Power of Attorney can be issued by notary in Turkey, for both Turkish citizens and foreign nationals.  We can accompany you to the notary if needed.

Requirements; it depends on what kind of authorization will be given or obtained by the notary with the Power of Attorney.

  • Make an appointment before you go to consulate
  • Sworn Interpreter have to assist you when you request a Power of Attorney
  • Passport
  • Pictures may be needed

To Issue Power of Attorney in foreign countries:

Question: How do you get a notarized document abroad?

Notarizing officers at any Embassy of Turkish Republic or Consulate of the Turkish Republic abroad, can provide a service similar to the functions of a notary in Turkey. It is also possible to have a document notarized by a domestic notary of the foreign country and then have the document authenticated for use in Turkey. In countries that are party to the Hague Apostille Convention, this is a simplified process.

According to International Laws and Regulations, both Consulate of the Turkish Republic and Foreign Notaries are authorised to issue Power of Attorney to use in Turkey.

At Consulates of the Republic of Turkey:

Any kinds of Power of Attorney can be issued at Consulates of the Republic of Turkey. Turkish consulates abroad also carry out notary duties. Foreign citizens can be issued any Power of Attorney at Turkish Consulate in other countries.

Requirements; It is the same as the notaries in Turkey.  It is dependant on the type of authorization will be given or obtained by the notary with the Power of Attorney. Before you go to consulate we will guide you.

  • Make an appointment before you go to consulate
  • Sworn Interpreter have to assist you when you request a Power of Attorney.
  • Passport
  • Pictures may be needed

At Foreign Country Notary:   

Question: Can i use a Power of Attorney, issued by a Notary of a foreign country?

Any kinds of Power of Attorney issued in foreign countries are valid for use in Turkey. Power of Attorney must fulfill the following conditions to be valid in Turkey

Power of Attorney issued in the Foreign Country Notary must meet the following requirements:

  • It must be arranged in the official language of the country where it is arranged containing the photo of the person concerned,
  • It must contain an “Apostille” under Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Hague Convention) or it must be certified by the Consulate of the Republic of Turkey in the country where the notary certifying the power of attorney is located,
  • It must contain authorization for the requested transaction, 
  • It must be submitted to the Land Registry Directorate together with its notarized Turkish translation.

For detailed information it would be best to contact us to ask for your requirements.

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