WHAT IS LEGAL AID HOW TO BENEFIT FROM LEGAL AID

Legal aid is the use of free attorney services, as well as temporary immunity from legal expenses required by the case, for those who do not have the opportunity to meet attorney fees and other judicial expenses in order to overcome obstacles to people’s freedom to seek rights and ensure equality in the use of this freedom. Dec.19, in order to overcome the obstacles in front of the freedom to seek rights and ensure equality in the use of this freedom.
The legal aid institution is a guarantee of the right to a fair trial and aims to create equality in the freedom to seek rights.      The legal aid institution is a guarantee of the right to a fair trial and aims to create equality in the freedom to seek rights. As a requirement of the principles of the social state and the rule of law, the state has to create the necessary systems to ensure equality inThe legal aid institution is a guarantee of the right to a fair trial and aims to create equality in the to seek rights. As a requirement of the principles of the social state and the rule of law, the state has to create the necessary systems to ensure equality in the exercise of the freedom to seek rights, and the legal aid agency has been established in order to implement these principles. Dec.
According to Article 334 of the HMK titled Persons who will benefit from legal aid;
(1) Without putting himself and his family in a significantly difficult situation in terms of livelihood,
Those who are unable to pay the costs of the trial or follow-up, in whole or in part,
may not be able to make their claims and defenses, request temporary legal protection and initiate enforcement proceedings,
provided that their “claims are not clearly unfounded”, they may benefit from legal aid.se who are unable to pay the costs of the trial or follow-up, in whole or in part,
may not be able to make their claims and defenses, request temporary legal protection and initiate enforcement proceedings,
provided that their “claims are not clearly unse who are unable to pay the costs of the trial or follow-up, in whole or in part,
may not be able to make their claims and defenses, request temporary legal protection and initiate enforcement proceedings,
provided that their “claims are not clearly unfounded”, they may benefit from legal aid.
(2) Public benefit associations and foundations, if they appear to be justified in their claims and defenses and if they are unable to pay the necessary expenses in whole or in part due to financial
difficulties,
may benefit from legal aid if they do so.
(3) The ability of foreigners to benefit from legal aid is also subject to the condition of reciprocity.
The person whose legal aid request is accepted;
a) Temporary exemption from all judicial and follow-up expenses to be made.
b) Exemption from providing collateral for trial and follow-up expenses.The person whose legal aid request is accepted;
a) Temporary exemption from all judicial and follow-up expenses to be made.
b) Exemption from providing collateral for trial and follow-up expenses.
c) All expenses that need to be madThe person whose legal aid request is accepted;
a) Temporary exemption from all judicial and follow-up expenses to be made.
b) Exemption from providing collateral for trial and follow-up expenses.
c) All expenses that need to be made during the lawsuit and enforcement proceedings are paid in advance by the State
and paid in full.
d) If the case needs to be followed up by a lawyer, a lawyer is hired whose fee will be paid later.
he benefits from its provision free of charge until the finalization of the judgment.
The court may also decide that the applicant benefits from some of the above-mentioned issues.
Legal aid is requested from the court where the main request or case will be decided; in enforcement and bankruptcy proceedings, it is requested from the enforcement court in the place where the proceedings will be conducted.egal aid is requested from the court where the main request or case will be decided; in enforcement and bankruptcy proceedings, it is requested from the enforcement court in the place where the proceedings will be conducted. The applicant must submit to the court a summary of his claim, together with the evidence on which he will base his claim and docuLegal aid is requested from the court where the main request or case will be decided; in enforcement and bankruptcy proceedings, it is requested from the enforcement court in the place where the proceedings will be conducted. The applicant must submit to the court a summary of his claim, together with the evidence on which he will base his claim and documents related to his financial situation indicating that he is not in a position to cover the trial expenses.
The request for legal aid during the application to the legal remedies is sent to the district court of justice or
It is made to the Supreme Court.
The documents related to the request for legal aid are exempt from all kinds of fees and taxes.
According to Article 337 of the HMK, the court may decide on the request for legal aid without holding a hearing. However, upon request, the examination is conductedding to Article 337 of the HMK, the court may decide on the request for legal aid without holding a hearing. However, upon request, the examination is conducted with a hearing. The reason why the information and documents presented in court decisions rejecting legal aid requests are not accepted is clearly stated.
Objections can be made to decisions rejecting a request for legal aid by submitting a petition to the court that made the decision within one week from the date of notification.   Objections can be made to decisions rejecting a request for legal aid by submitting a petition to the court that made the decision within one week from the date of notification. The court whose decision is objected to sends the file to the nearest court tasked with handling the same affairs if there is more than one apartment of the civil court where a request for legal aid was made at that place, to the apartment that follows it as a number, to the first apartment for the last numbered apartment, if there is a single apartment of the civil court where a request for legal aid was made at that place, to examine the objection. The decision made as a result of the appeal examination is final. If the request for legal aid is rejected, a request can be made again based on a serious decrease in payability that occurs later. Legal aid does not cover the costs of previous court proceedings.ecision made as a result of the appeal examination is final. If the request for legal aid is rejected, a request can be made again based on a serious decrease in payability that occurs later. Legal aid does not cover the costs of previous court proceedings.
If it turns out that the person who benefits from legal aid has given incorrect information about his financial situation intentionally or as a result of a serious defect, or if it turns out that his financial situation has improved sufficiently later, the legal aid decision is lifted.
All trial expenses postponed due to the legal aid decision and advances paid by the State are collected from the person who is wronged at the end of the case or pursuit. In case the person who benefits from legal aid proves to be wrong, if deemed appropriate, it may be decided that the trial expenses will be paid in equal monthly installments within a maximum of one year.
Paying paid or exempted by the State due to the legal aid decision, if it is clearly understood by the court that the collection of the trial expenses will cause the victimization of the beneficiary of legal aid, the court may decide to exempt him from payment in whole or in part in the judgment.aying paid or exempted by the State due to the legal aid decision, if it is clearly understood by the court that the collection of the trial expenses will cause the victimization of the beneficiary of legal aid, the court may decide to exempt him from payment in whole or in part in the judgment. For the person who

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GOODS AND RIGHTS THAT ARE NOT PERMITTED TO BE ATTACHED

NON-ATTAINABLE GOODS AND RIGHTS
It is one of the main issues that is wondered about by the public regarding attachment procedures.
The relevant articles of the Enforcement and Bankruptcy Law clearly state which goods cannotTAINABLE GOODS RIGHTS
It is one of the main issues that is wondered about by the public regarding attachment procedures.
The relevant articles of the Enforcement and Bankruptcy Law clearly state which goods cannot be attached.
stated. In addition, any other goods that have material value can be seized.
A person’s essential kitchenware cannot be seized. To expand on this a bit, a person’s
they are the things he needs to keep his life going. In other words, the white goods in the kitchen are not of these, they can be foreclosed. In fact, usually the main goods in foreclosures made from houses are these white goods.hey are the things he needs to keep his life going. In other words, the white goods in the kitchen are not of these, they can be foreclosed. In fact, usually the main goods in foreclosures made from houses are these white goods. In addition, it hey are the things he needs to keep his life going. In other words, the white goods in the kitchen are not of these, they can be foreclosed. In fact, usually the main goods in foreclosures made from houses are these white goods. In addition, it is also possible to foreclose on all goods of economic value such as sofa sets, TVs, music sets, satellite receivers, DVD players, carpets, vacuum cleaners from homes.
In addition, a person’s suitable house cannot be foreclosed. However, there are various conditions here for this seizure
as a matter of fact, it can be made possible that it is foreclosed in practice.
As for the goods that can be seized, it is stated in the relevant law article below that they cannot be seized:
All kinds of valuable goods can be seized, except for the goods and rights specified.
The most interesting of these may be the watch, gold etc. on the person’s wrists for the goods that can be seized, it is stated in the relevant law article below that they cannot be seized:
All kinds of valuable goods can be seized, except for the goods and rights specified.
The most interesting of these may be the watch, gold etc. on the person’s wrist. there are liens that are valuable minerals, jewelry, jewelry, a person’s locked safe and valuable documents inside (such as a check deed), crops in the field, a person’s mobile phone, the name rights of a brand, solar energy of a house, large and small animals, other animals that have material value, such as a sample and it is possible to reproduce.
The relevant article of the law in question is;
The previous version of Law No. 2004,
GOODS AND RIGHTS THAT ARE NOT PERMITTED TO BE ATTACHED:The relevant of the law in question is;
The ps version of Law No. 2004,
GOODS ANDhe relevant article of the law in question is;
The previous version of Law No. 2004,
GOODS AND RIGHTS THAT ARE NOT PERMITTED TO BE ATTACHED:
Article 82- (Amended article: 18/02/1965- 538/46 Art.)
The following things cannot be seized:
1. State property and property that is shown in spThe relevant article of the law in question is;
The previous versi of Law No. 2004,
GOODS AND RIGHTS THAT ARE NOT PERMITTED TO BE ATTACHED:
Article 82- (Amended article: 18/02/1965- 538/46 Art.)
The following things cannot be seized:
1. State property and property that is shown in special laws to be not subject to seizure,
2. Clothes and belongings necessary for the debtor’s personal and professional needs, and those necessary for the debtor and his family,
bedding sets and books and belongings used for worship purposes
3. Indispensable kitchenware and very necessary household items,
4. If the debtor is a farmer, the land and farm animals that are necessary for his and his family’s livelihood and
means of transport and other attachments and agricultural tools; if not, what is necessary for art and professional
tools and tools and books, and the livelihoods of small shipping professionals such as coachmen, boatmen, portersmeans of transport and other attachments and agricultural tools; if not, what is necessary for art and professional
tools and tools and books, and the livelihoods of small shipping professionals such as coachmen, boatmen, poeans of transport and other attachments and agricultural tools; if not, what is necessary for art and professional
tools and tools and books, and the livelihoods of small shipping professionals such as coachmen, boatmen, porters
means of transport that provide Jul,
5. If necessary for the management of the debtor and his family, a milk-giving buffalo or cow that the debtor prefers, or three goats or sheep, and their three-month feed and bedding,
6. The debtor and his family have two months of food and fuel, and the debtor is a farmer, and the future crop
the seed you need for,
7. If the borrower is a vineyard, garden or fruit or vegetable grower, the livelihood of himself and his family
the vineyard that is essential for the garden and the tools and props that are necessary for this art7. If the borrower is a vineyard, garden or fruit or vegetable grower, the livelihood of himself and his family
the vineyard that is essential for the garden and the tools and props . If the borrower is a vineyard, garden or fruit or vegetable grower, the livelihood of himself and his family
the vineyard that is essential for the garden and the tools and props that are necessary for this art,
For the support of the debtor himself and his family, whose livelihood is exclusive to raising animals
the necessary amount and the three-month feed and bedding of these animals,
8. Annuities with a record of life established in order not to be seized in accordance with Article 510 of the Code of Obligations,
9.. Pensions related to those with disabilities in the army and police services of the country, salaries related to their families due to the performance of one of these services, and flight and diving compensation and bonuses given to members of the army’s air and submarine, promotion raises given to military invalids, orphans of martyrs, and to the provision of law No. 149. Pensions related to those with disabilities in the army and police services of the country, salaries related to their families due to the performance o. Pensions related to those with disabilities in the army and police services of the country, salaries related to their families due to the performance of one of these services, and flight and diving compensation and bonuses given to members of the army’s air and submarine, promotion raises given to military invalids, orphans of martyrs, and to the provision of law No. 1485
Shares of exclusive privilege granted according to,

10. In cases such as illness, necessity and death by a relief fund or society,

pensions paid,

11. As compensation for damages inflicted on the body or health, to the injured party himself.
or money given to his family in the form of wholesale or income, or money that should be given,
12. A suitable house for the debtor (But if the value of the house is too much, it is suitable for the price ofor money given to his family in the form of wholesale or income, or money that should en,
12. A suitable house for the debtor (But if the voney given to his family in the form of wholesale or income, or money that should be given,
12. A suitable house for the debtor (Buor money given to his family in the form of wholesale or income, or money that should been,
12. A suitable house for the debtor (But if the value of the house is too much, it is suitable for the price of
A place can be seized and sold, with the amount to be taken being left to the debtor.)
The provision of Article 807 of the Civil Code is reserved. In subparagraphs 2, 3, 4, 5, 7 and 12,
the exception is limited to the case where the debt does not arise from the price of this item.
July 5, 2012, Thursday Official Gazette Issue: 28344
The final version of the law that came with the amendment numbered 6352 dated 02.07.2012
Paragraph (2), (3) and (12) of the first paragraph of Article 82 of Law No. 2004 have been
amended as follows, and the following paragraph (13) has been added to the article with the followingParagraph (2), (3) and (12) of the paragraph of Article 82 of Law No. 2004 have been
amended as follows, and the following paragraph (13) has been added to the article with the following
Articles have been added.
“2. All kinds of goods necessary for the debtor, whose economic activity is based on his physical work rather than his capital, to continue his profession,
3. Except for valuable things such as money, negotiable instruments, gold, silver, precious stones, antiques or ornaments, necessary items for debtors and family members living under the same roof; if there is more than one item used for the same purpose, one of them is,”
“12.. Except for valuable things such as money, negotiable instruments, gold, secious stones, antiques or ornaments, necessary items for debtors and familExcept for valuable things such as money, negotiable instruments, gold, silver, precious stones, antiques or ornaments, necessary items for debtors and family members living under the same roof; if there is more than one item used for the same purpose, one of them is,”
“12. “The debtor’s house suitable for his situation,”
“13. Student scholarships.”
“The value of the goods listed in paragraphs (2), (4), (7) and (12) of the first paragraph is high
In this case, a suitable portion of the price is seized and sold, to be left to the debtor so that he can meet his needs.
The enforcement officer evaluates whether the seizure of the goods or rights in question is permissible and decides to accept or reject the request.

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WHAT IS ALMS WHAT ARE THE TYPES OF ALMS

What is Alimony?
Alimony is the payment that the party who is in financial difficulty as a result of the divorce must receive from the other party
in order to support himself/herself indefinitely, in proportion to his/her economic power.What is Alimony?
Alimony is the payment that the party who is in financial difficulty as a result of the divorce must receive from the other party
in order to support himself/herself indefinitely, in proportion to his/her economic power. Economic
as a result, the alimony obligatWhat is Alimony?
Alimony is the payment that the party who is in financial difficulty as a result of the divorce must receive from the other party
in order to support himself/herselWhat is Alimony?
Alimony is the payment that the party who is in financial difficulty as a result of the divorce must receive from the other party
in order to support himself/herself indefinitely, in proportion to his/her economic power. Economic
as a result, the alimony obligation’s forgiveness is not taken into account when alimony is attached to the spouse who will fall into distress.
However, the spouse who will receive alimony should be less defective in the events that lead to divorce.
What are the Types of Alimony?
 Maintenance Pension for Precaution
 Maintenance Pension for Poverty
 Maintenance Pension for Participation
 Maintenance Pension for Assistance
There are four types of alimony.
Precautionary Alimony
The Family Court that came before the case file after the spouses filed for divorce
the judge has to make decisions spontaneously on some issues without any requests, so re ’you. One of them is how the parties will make a living after the divorce.The Family Court that came before the case file after the spouses filed for divorce
the judge has to make decisions spontaneously on some issues without any requests, so re ’you. One of them is how the parties will make a living he Family Court that came before the case file after the spouses filed for divorce
the judge has to make decisions spontaneously on some issues without any requests, so re ’you. One of them is how the parties will make a living after the divorce.
After the filing of the divorce case, for his livelihood during the continuation of the divorce case
a measure of the type of alimony decided by the court to pay the other spouse to the spouse who will need
it is called alimony. Maintenance alimony is the decision to be given as a result of a divorce case.
It lasts until it is finalized. This alimony is given by the court as an interim decision and if it is not paid,
it can be collected through enforcement proceedings. In terms of granting alimony, there is no difference between men and womenntil it is finalized. This alimony is given by the court as an interim decision and if it is not paid,
it can be collected through enforcement proceedings. In terms of granting alimony, there is no difference between men and women
in terms of In other words, contrary to what is known, if tIt lasts until it is finalized. This alimony is given by the court as an interim decision and if it is not paid,
it can be collected through enforcement proceedings. In terms of granting alimony, there is no difference between men and women
in terms of In other words, contrary to what is known, if the need arises,
alimony may also be awarded in favor of the man. This alimony is given to the needy spouse
without taking into account the fault situation. In other words, it is not a reason for divorce due to actions such as cheating, abandonment, etc.
Alimony may also be awarded if the case continues in favor of the spouse who caused the situation.
Alimony for Poverty
This alimony is the decision to pay the other spouse in favor of the spouse in need, together with the divorce decision.
It is the alimony payment given. In order for alimony to be awarded in favor of the spouse, the alimony
must be less at fault than the other spouse to whom it willpouse in need, together with the divorce decision.
It is the alimony payment given. In order for alimony to be awarded in favor of the spouse, the alimony
must be less at fault than the other spouse to whom it will be paid.
Alimony for Participation
Alimony for participation is the alimony given to the joint child by the divorce decision given as a result of the divorce case,
of the spouse whose custody is not given to him/her, to the spouse whose custody is given to him/her, of the joint child.
It is the money that must be paid for education, care, etc. expenses. In doctrine, alimony for participation is also called childt is the money that must be paid for education, care, etc. expenses. In doctrine, alimony for participation is also called child care alimony. This type of alimony starts with the judge’s decision as a precautionaIt is the money that must be paid for education, care, etc. expenses. In doctrine, alimony for participation is also called child care alimony. This type of alimony starts with the judge’s decision as a precautionary measure in the divorce case filed and continues until the joint child becomes an adult, that is, until the age of 18.
Alimony of Assistance
Alimony for assistance is provided according to articles 364 et seq. of our Turkish Civil Code No. 4721.
it is a request for assistance required for the livelihood of close relatives who will fall into poverty if not. A child who has reached the age of 18 but is continuing his / her university education can also receive this alimony, which is called assistance alimony.it is a request for assistance required for the livelihood of close relatives who will fall into poverty if not. A child who has reached the age of 18 but is continuing his / her university education can also rt is a request for assistance required for the livelihood of close relatives who will fall into poverty if not. A child who has reached the age of 18 but is continuing his / her university education can also receive this alimony, which is called assistance alimony.
How and According to What Is the Alimony Amount Determined?
The determination of the alimony amount to be awarded is the responsibility of the judge who handles the divorce case filed.
It is at his discretion. While ruling on the amount of alimony, the judge will decide by taking into account the economic and social situations of the parties and the joint children.
Increase and Abolition of Alimony?
Alimony determined by the judge, if there is a rate specified in the decision, according to this rate
it is increased. Even if there is such a ratio in the decision, the economic and social situations have changeddetermined by the judge, if there is a rate specified in the decision, according to this rate
it is increased. Even if there is such a ratio in the decision, the economic and social situations have changed
In this case, the court can always decide to increase,etermined by the judge, if there is a rate specified in the decision, according to this rate
it is increased. Even if there is such a ratio in the decision, the economic and social situations have changed
In this case, the court can always decide to increase, decrease or abolish alimony.
It can be granted. However, in order to make such a decision, it is necessary to apply to the court and make a decision on this matter.
What are the Consequences of Not Paying Alimony?
If the alimony awarded is not paid, Article 344 of the Enforcement and Bankruptcy Law No. 2004 will apply.
According to the article, it is a pressurized confinement for up to 3 months. From the beginning of the implementation of the water cannon confinement
then, if the child support debtor pays the debt, he is evicted.According to the article, it is a pressurized confinement for up to 3 months. From the beginning of the implementation of the water cannon confinement
then, if the child support debtor pays the debt, he is evicted.
The debtor who does not pay alimony mayAccording to the article, it is a pressurized confinement for up to 3 months. From the beginning of the implementation of the water cannon confinement
then, if the child support debtor pays the debt, he is evicted.
The debtor who does not pay alimony may also file a lawsuit for the cancellation or reduction of alimony. This
the application of the water cannon confinement given in consideration of the claims in the case may be left to the end of these lawsuits filed.
Another situation that the borrower may face if child support is not paid is
as mentioned above, it is enforcement proceedings. Alimony receivables Execution and Bankruptcy Numbered 2004
According to Article 206 of the Law, it is considered as a first-rank receivable.
Can Pension Be Attached Due to Alimony Debt?According to Article 206 of the Law, it is considered as a first-rank receivable.
Can Pension Be Attached Due to Alimony Debt?
Social Insurance and General Health Insurance No. 5510 for the confiscation of pension
According to Artccording to Article 206 of the Law, it is considered as a first-rank receivable.
Can Pension Be A

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EXAMPLE OF A PETITION TO BENEFIT FROM PROBATION

TO THE JUDGE OF EXECUTION

 

FILE NUMBER               : 2014/………  SUBJECT

DECISION NU       : 2014/……… DECISION

JUDGMENT NUMBER            : 2014/…….. JUDGEMENT

CONVICTED           : Name Surname, T.R ID NO: ………………

SUBJECT                        : MY REQUEST TO BENEFIT FROM PROBATION AND BE RELEASED.

 

 

DESCRİPTİONS

 

 

1- About Me Istanbul Anatolia …… By the Criminal Court …./…./201..  in history …………./……. Mainly and …../……. The decision to punish with the decision number has been made.bout Me Istanbul Anatolia …… By the Criminal Court …./…./201..  in history …………./……. Mainly and …../……. The decision to punish with the decision number has b1- About Me Istanbul Anatolia …… By the Criminal Court …./…./201..  in history …………./……. Mainly and …../……. The decision- About Me Istanbul Anatolia …… By the Criminal Court …./…./201..  in history …………./……. Mainly and …../……. The decision to punish with the decision number has been made.

2- After this decision …./…./ i entered prison on 201… and I am still in the penitentiary institution named ……………………………  i’ve been staying for a month.

3-  …./…./As of 2015, I have served a certain part of my sentence in good behavior and my conditional release date is less than 1 year away.

I have 4- fixed residence, I am married and have 2 children. My family has suffered enough from these events.

5- Outside ……….. i’m just doing your job. …. since this is either the history or I am in prison, I am experiencing difficulties both financially and spiritually.5- Outside ……….. i’m just doing your job. …. since this is either the history or I am in prison, I am experiencing difficulties both financially and spiritually.

CONCLUSION and REQUEST : For the reasons I have briefly presented and explained above, I have all the conditions required for probation.

 

The Convict’s Name and Surname Signature

 

 

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IS GROWING HEMP A CRIME

IS IT A CRIME TO GROW HEMP?

Growing hemp is regulated as a crime in our law under the Law No. 2313 on the Control of Narcotic Substances.T A CRIME TO GROW HEMP?

Growing hemp is regulated as a crime in our law under the Law No. 2313 on the Control of Narcotic Substances. In this case, if a person is caught growing cannabis without permission in his/her home, in an annex of the house, in his/her field or atIS IT A CRIME TO GROW HEMP?

Growing hemp is regulated as a crime in our law under the Law No. 2313 on the Control of Narcotic Substances. In this case, if a person is caught growing cannabis without permission in his/her home, in an annex of the house, in his/her field or at his/her workplace, the person will be prosecuted according to Article 23 of Law No. 2313, taking into account the number of cannabis roots seized.according to the article, it has been put under the provision that for cultivating cannabis for the purpose of obtaining cannabis, he will be punished with imprisonment from four to twelve years and a judicial fine from five hundred to ten thousand days. Oct.

As it can be seen, the law severely punishes the person who cultivates hemp October. The thing that a citizen who is faced with this kind of situation should make a priority without wasting time is to contact a good criminal lawyer and ensure that the investigation and prosecution stages are followed through a lawyer. Because although hemp, which is a criminal element, has been seized, it is vital that the criminal element seized in order to punish the perpetrator must have been seized in accordance with the law in accordance with the conditions required by law, and since this determination can only be made by a lawyer, the defense should be made through a lawyer.

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Objection to Arrest

HOW TO OBJECT TO ARREST?

Arrest is a measure and can be applied by the court during the investigation and prosecution phase of the suspect.OW TO OBJECT TO ARREST?

Arrest is a measure and can be applied by the court during the investigation and prosecution phase of the suspect. However, in order for the court to decide on the arrest of the suspect, certain conditions must be established in the Criminal Procedure Code.

These conditions are the existence of concrete facts that raise suspicion of the suspect or defendant’s escape or hiding, and the suspect’s actions aimed at destroying the evidence or putting pressure on the victim. However, in order for an arrest warrant to be issued, there must be formal conditions as well as materialhese conditions are the existence of concrete facts that raise suspicion of the suspect or defendant’s escape or hiding, and the suspect’s actions aimed at destroying the evidence or putting pressure on the victim. However, in order for an arrest warrant to be issued, there must be formal conditions as well as material conditions. These conditions are that there is no ban on arrest, there is no obstacle to arrest, the defendant has not been given a certificate of guarantee, the arrest is proportionate to the crime laid on the defendant, there is a judge or court decision. If the arrest request, which has been left to the discretion of the judge or the court at the request of the prosecutor’s office, is found appropriate and approved by the judge or the court, there is a way to appeal this decision. The suspect may appeal this decision within 7 days following the day of the arrest decision.f the arrest request, which has been left to the discretion of the judge or the court at the request of the prosecutor’s office, is found appropriate and approved by the judge or the court, there is a way to appeal this decision. The suspect may appeal this decision within 7 days following the day of the arrest decision. The arrest decision made against the suspected person is made to the court that makes this decision.

In a situation where the detained suspect will object to detention and request to be released,the most important thing is to avoid filing an objection petition to the arrest prepared by a victim who lacks legal technique and was obtained from the Internet.n a situation where the detained suspect will object to detention and request to be released,the most important thing is to avoid filing an objection petition to the arrest prepared by a victim who lacks legal technique and was obtained from the Internet. Petitions on the internet or petitions prepared by petition writers are standard and insufficient to achieve the desired result. In order to assess the situation with technical legal knowledge by understanding the nature and quality of the crime and the evidence status of the detained person, and to prepare an effective arrest appeal petition and achieve the desired result, it undoubtedly requires the support of a good criminal lawyer.

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The Employer’s Right to Termination for a Justified Reason

1-IN GENERAL

The employer’s right to terminate immediately for just cause is regulated in Article 25 of the Labor Law No. 4857 GENERAL

The employer’s right to terminate immediately for just cause is regulated in Article 25 of the Labor Law No. 4857 THIN GENERAL

The employer’s right to terminate immediately for just cause is regulated in Article 25 of the Labor Law No. 4857 The relevant article regulates the reasons that give rise to the employer’s right to immediate termination under different headings. These are organized under four main headings: (1) health reasons, (2) violations of moral and goodwill rules and similar situations, (3) force majeure reasons and (4) absence of the worker exceeding a certain period of time in case of detention or arrest.

The fact that the employment contract signed with the worker is of a fixed or indefinite term is not important when the employer exercises his right to terminate immediately for just cause.

Article 18 of the same Law regulates the employer’s right to terminate for valid reason The fact that the employment contract signed with the worker is of a fixed or indefinite term is not important when the employer exercises his right to terminate immediately for just cause.

Article 18 of The fact that the employment contract signed with the worker is of a fixed or indefinite term is not important when the employer exercises his right to terminate immediately for just cause.

Article 18 of the same Law regulates the employer’s right to terminate for valid reason. These cases of termination are regulated under two main headings in the law; (1) valid reasons arising from the competence or behavior of the employee and (2) requirements of the enterprise, workplace or job.

2-RIGHT TO TERMINATE FOR VALID REASON

As stated above, the right to terminate for just cause, regulated in Article 18 of the Labor Law, is grouped under two main headings.

Reasons arising from the worker’s incompetence or behavior:
We can divide the worker’s incompetence into two: the worker’s physical incompetence and the worker’s professional incompetence. The worker’s illness, old age and retirement are considerede can divide the worker’s incompetence into two: the worker’s physical incompetence and the worker’s professional incompetence. The worker’s illness, old age and retirement are considered physical incompetence situations. The professional inadequacy of the employee is the employee’s lack of quick decision-making and initiative-taking issues. The Supreme Court of Cassation has sought the continuity of this situation related to professional incompetence, the employee’s poor performance compared to other workers who do the same job as him.

According to Article 19/2 of the Labor Law, it is absolutely necessary to obtain a written defense of the employee before the termination of the employment contract for reasons arising from his competence or behavior. Termination of the employment contract without receiving the written defense of the employee will not be considered termination for a valid reason.cording to Article 19/2 of the Labor Law, it is absolutely necessary to obtain a written defense of the employee before the termination of the employment contract for reasons arising from his competence or behavior. Termination of the employment contract without receiving the written defense of the employee will not be considered termination for a valid reason.

Valid reasons arising from the requirements of the enterprise, workplace and work:
In each termination related to this valid reason, it is decided whether the reason is valid by taking into account the concrete event. However, there are basic criteria accepted by the Supreme Court in general practice.n each termination related to this valid reason, it is decided whether the reason is valid by taking into account the concrete event. However, there are basic criteria accepted by the In each termination related to this valid reason, it is decided whether the reason is valid by taking into account the concrete event. However, there are basic criteria accepted by the Supreme Court in general practice. When the employee’s employment contract is terminated for reasons arising from the requirements of the enterprise, workplace and work, termination should be applied as a “last resort”.

If it is possible for the employee to be employed in another job in the same workplace or to be employed in another workplace belonging to the enterprise while it is possible not to be employed and termination of his contract, termination with valid reasons is not accepted.

In the termination of the employee’s employment contract based on the valid reason in question, all remedies should be tried by the employer, and if the tried remedies do not give a result, the termination of the employee’s employment contract should be taken as a last resort.In the termination of the employee’s employment contract based on the valid reason in question, all remedies should be tried by the employer, n the termination of the employee’s employment contract based on the valid reason in question, all remedies should be tried by the employer, and if the tried remedies do not give a result, the termination of the employee’s employment contract should be taken as a last resort.

3-DIFFERENCE BETWEEN TERMINATION FOR JUST CAUSE AND TERMINATION FOR VALID CAUSE

In termination for valid cause, Article 25 of the Labor Law The behaviors specified in the article and which are not in the nature of the reasons that give the right of immediate termination, but which are contrary to the employee’s employment contract, are brought to the agenda.

The employer’s right to immediate termination can be applied to all workers covered by the Labor Law, but the right to termination for just cause can only be applied to workers covered by Employment Security.he employer’s right to immediate termination can be applied to all workers covered by the Labor Law, but the right to termination for just cause can only be applied to workers covered by Employment Security. in workplaces employing 30 or more workers, employees who have completed at least 6 months of seniority and are not employer attorneys are considered within the scope of job security provisions.

In cases of termination for valid reasons, the worker is doing his job but doing it incompletely, poorly or incompetently. The behaviors that provide the basis for the valid reason should not constitute a situation as severe as the justified reason conditions regulated in Article 25 of the Labor Law cases of termination for valid reasons, the worker is doing his job but doing it incompletely, poorly or incompetently. The behaviors that provide the basis for the valid reason should not constitute a situation as severe as the justified reason conditions regulated in Article 25 of the Labor Law. The common point between termination for valid reasons caused by the employee’s behavior and termination for justified reasons is that they are based on Deceptions. The difference arises in the degree of weight of the defect.

For a justified reason, the termination requires the presence of a reason that damages the relationship from the employer’s point of view to the extent that the continuation of the employment contract cannot be expected. If termination is for a valid reason, it is necessary that there is a reason that does not weigh the justified reason, but makes the continuation of the employment contract impossible.

When one of the reasons for termination for just cause comes into play, the employer will have the right to terminate the employment contract immediately and will not be obliged to pay severance compensation to the employee. When one of the reasons for termination for just cause comes into play, the employer will have the right to terminate the employment contract immediately and will not be obliged to pay severance compensation to the employee. Pay payable Only in cases of termination for a valid reason, the employment contract may be termina When one of the reasons for termination for just cause comes into play, the employer will have the right to terminate the employment contract immediately and will not be obliged to pay severance compensation to the employee. Pay payable Only in cases of termination for a valid reason, the employment contract may be terminated under certain conditions specified in the law, the employee will be granted the termination periods specified in the law, or notice compensation will be paid, and the employee’s well-deserved severance pay will be paid to him.

4-PERIOD OF USE OF THE RIGHT OF TERMINATION

In the dismissals to be carried out by the employer within the scope of Article 25/ II of the Labor Law, the period of exercising the right of immediate termination is limited to 6 working days.he dismissals to be carried out by the employer within the scope of Article 25/ II of the Labor Law, the period of exercising the right of immediate termination is limited to 6 working days.

The employer’s authority to terminate the contract based on violations of moral and good faith rules cannot be exercised after 6 working days have passed from the day he learns that the employee has engaged in such behavior, and in any case, one year after the act occurred. However, if the employee gains material benefit from the incident, the one-year period does not apply.

Even though the employer has the right to terminate the employee without compensation for just cause, if the period specified in the law has been missed, the employer will no longer be able to terminate the employee without compensation for just cause, but will be able to terminate the employee with compensation for valid cause.en though the employer has the right to terminate the employee without compensation for just cause, if the period specified in the law has been missed, the employer will no longer be able to terminate Even though the employer has the right to terminate the employee without compensation for just cause, if the period specified in the law has been missed, the employer will no longer be able to terminate the employee without compensation for just cause, but will be able to terminate the employee with compensation for valid cause. For a valid reason, after the employer learns the reason for termination of the employee’s employment contract, the employer will need to exercise the right of termination within a “reasonable period”.

We would like to point out that no determination regarding reasonable time has been made in the law and the criterion of reasonable time is examined separately by the Supreme Court according to each concrete event.

FINALLY;

Both termination for just cause and termination for valid cause, whose differences are explained above, are situations that allow the employer to terminate the employment contract signed with the employee. FINALLY;

Both termination for just cause and termination for valid cause, whose differences are explained above, are situations that allow the employer to terminate the employment contract signed with the employee. Termination based on valid reason does not ioth termination for just cause and termination for valid cause, whose differences are explained above, are situations that allow the employer to terminate the employment contract

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Termination of the Employment Contract of an Employee for Justifiable Reasons

The Right of the Employee to Terminate the Employment Contract Immediately for Justifiable Reasons

The right of the employee to terminate the employment contract immediately for justifiable reasons is regulated by Article 24 of the Labor Law No. 4857ight of the Employee to Terminate the Employment Contract Immediately for Justifiable Reasons

The right of the employee to terminate the employment contract immediately for justifiight of the Employee to Terminate the Employment Contract Immediately for Justifiable Reasons

The right of the employee to terminate the employment contract immediately for justifiable reasons is regulated by Article 24 of the Labor Law No. 4857 The provisions of the article in question are listed under the headings of “health reasons”, “violations of moral and good faith rules and similar situations” and “force majeure reasons”. The law also does not make a distinction between the worker who is granted the right to terminate immediately for just cause and working under a fixed-term or indefinite-term employment contract, and states that these rights can be exercised in any case.

Situations that will give rise to the right to terminate immediately due to health reasons;

a) If the work subject to the employment contract is dangerous for the health or life of the worker due to a reason arising from the nature of the work.) If the work subject to the employment contract is dangerous for the health or life of the worker due to a reason arising from the nature of the work.
b) If the employer or another employee with whom the employee constantly meets and meets closely and directly is infected with an in) If the work subject to the employment contract is dangerous for the health or life of the worker due to a reason arising from the nature of the work.
b) If the employer or another employee with whom the employee constantly meets and meets closely and directly is infected with an infectious disease or an illness incompatible with the employee’s work.
Situations that do not comply with the rules of morality and goodwill, and the like:

a) If the employer misleads the employee by showing incorrect qualifications or conditions about one of the main points of this agreement at the time the employment contract is concluded, or by giving untrue information or making promises.
b) If the employer says words or behaves in a way that damages the honor and dignity of the worker or one of his/her family members, or if he/she sexually harasses the worker.) If the employer says words or behaves in a way that damages the honor and dignity of the worker or one of his/her family members, or if he/she sexually harasses the worker.
c) If the employer taunts or intimidates the employee or one of his family members, or encourages, provokes, drags the employee or one of his family members to behave against the law, or commits a crime requiring imprisonment against the employee and one of his family members, or makes unfounded grave accusations or accusations that are offensive to honor and dignity about the employee.
d) If the worker is sexually harassed by another worker or third parties at the workplace and the necessary measures are not taken despite reporting this situation to the employer.
e) If the worker’s wage is not calculated or paid by the employer in accordance with the provisions of the law or the terms of the contract,d) If the worker is sexually harassed by another worker or third parties at the workplace and the necessary measures are not taken despite reporting this situation to the employer.
e) If the worker’s wage is not calculated or paid by the employer in accordance with the provisions of the law or the terms of the d) If the worker is sexually harassed by another worker or third parties at the workplace and the necessary measures are not taken despite reporting this situation to the employer.
e) If the worker’s wage is not calculated or paid by the employer in accordance with the provisions of the law or the terms of the contract,
Pay payable per piece or on the basis of the amount of work, but in cases where the employer gives the employee less work than the number and amount he can do, the wage difference between them is paid on a time basis, if the employee’s missing wages are not Decoupled or if the working conditions are not applied.
Compelling reasons:

If compelling reasons arise that require the employee to stop work at the workplace for more than a week.

In the event of the existence of the above situations, the employee has the right to terminate the employment contract immediately without complying with the notification period.

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What is a Family Residence

What is a Family Residence?

Although family housing is not defined in our law, if it is necessary to make a definition based on the grounds of the article and the relevant Supreme Court rulings; “A place full of memories, where spouses do all their life activities, direct their life accordingly, live in good and bad days” “A place that spouses use for regular settlement purposes, concentrate their life activities”, as can be seen, the common point in all definitions is the element of continuous living in a certain place.lthough family housing is not defined in our law, if it is necessary to make a definition based on the grounds of the article and the relevant Supreme Court rulings; “A place full of memories, where spouses do all their life activities, direct their life accordingly, live in good and bad days” “A place that spouses use for regular settlement purposes, concentrate their life activities”, as can be seen, the common point in all definitions is the element of continuous living in a certain place. That’s why it’s called ‘cottage, farmhouse, chalet, timeshare’ and so on.  the places will not be considered as family residences. By family residence, we mean a single residence where a couple who is married with an official wedding lives permanently. It will not matter if one or both of the spouses are the owner (owner) of this residence or if they are in the position of a tenant in order for the place in question to gain the title of ‘family residence’.amily residence, we mean a single residence where a couple who is married with an official wedding lives permanently. It will not matter if one or both of the spouses are the owner (owner) of this residence or if they are in the position of a tenant in order for the place in question to gain the title of ‘family residence’.

Protection of Family Housing and Annotation of Family Housing

One of the regulations in our law for the protection of the family home  due to its material and moral importance is the annotation of the family home.f the regulations in our law for the protection of the family home  due to its material and moral importance is the annotation of the family home. The word meaning of annotation is ‘tne of the regulations in our law for the protection of the family home  due to its material and moral importance is the annotation of the family home. The word meaning of annotation.

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How to Put a Family Residence Annotation in the Land Registry

How is the Annotation of Family Housing Placed in the Title Deed Register?

How and where is the family residence annotation placed? The spouse who is not the owner of the family residence or both of them together or their lawyers will apply to the Land Registry Office with the necessary documents.nd where is the family residence annotation placed? The spouse who is not the owner of the family residence or both of them together or their lawyers will apply to the Land Registry Office with the necessary documents. The General Directorate of Land Registry and Cadastre, Low and where is the family residence annotation placed? The spouse who is not the owner of the family residence or both of them together or their lawyers will apply to the Land Registry Office with the necessary documents. The General Directorate of Land Registry and Cadastre, Land Registry Department Presidency specifies the documents required for a family residence annotation in its relevant circular. If a request is made with the required documents, a ‘family residence’ annotation can be placed in the land registry. Thus, it will be registered to the annotation house of the land registry. In other words, a person who examines the register will be able to see that the real estate in question is a family residence. Even in accordance with the ‘presumption that the records in the land registry are known to everyone’ in our law, even if the person has not examined the register, the comment in question can be brought forward against him. The existence of an annotation is mandatory in order to benefit from the opportunities related to family housing contained in the law. in accordance with the ‘presumption that the records in the land registry are known to everyone’ in our law, even if the person has not examined the register, the comment in question can be brought forward against him. The existence of an annotation is mandatory in order to benefit from the opportunities related to family housing contained in the law.

What is the Legal Benefit of Having the Deed Annotated to the Family Residence?

The family residence annotation will prevent the good faith of third parties from being protected against any transaction to be made on the family residence. Otherwise, the transaction made with a good faith third party (a person who does not know that the residence is a family residence)  will be validhe family residence annotation will prevent the good faith of third parties from being protected against any transaction to be made on the family residence. Otherwise, the transaction made with a good faith third party (a person who does not know that the residence is a family residence)  will be valid. It should be stated immediately that if the third person in ques

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