JUDICIAL HOLIDAY 2018
Authorities and courts dealing with criminal matters take a break from 20 July to 31 August. Interrupted activities begin in September. (CMK art. 331/1 )
Urgent work may continue during the judicial holiday, and the way in which investigations and prosecutions regarding detained works and other matters to be considered urgent will be carried out during the holiday is determined by the High Council of Judges and Prosecutors (CMK article 331/2).
During the holiday, the regional courts of appeal and the Court of Cassation examine only the matters related to the detentions (CMK art. 331/3).
The periods coinciding with the judicial holiday do not operate. These periods are deemed to be extended by three days from the day the holiday ends (CMK 331/4).
WHAT DOES JUDICIAL HOLIDAY MEAN? DETAIL
Judicial holiday starts on 20 July and lasts until 31 August. The new judicial year begins on September 1. As a rule, no judicial action can be taken during this period. Courts pause.
As a rule, cases and works in courts cannot be heard on a judicial holiday.
provisional injunction, provisional legal protection such as precautionary attachment and detection of evidence, receiving naval reports and appointing dispatchers, and making decisions on objections and other applications to be made against them.
All kinds of alimony cases, paternity, custody and guardianship cases or works.
Correction of population records and lawsuits.
Lawsuits filed by workers due to service contract or employment contract.
Correction of population records and lawsuits.
Lawsuits filed by workers due to service contract or employment contract.
Requests for issuance of a certificate of loss due to the loss of commercial books and cancellations arising from the loss of valuable papers.
Bankruptcy, concordat, and restructuring of capital companies and cooperatives by compromise.
Discoveries decided to be made during the judicial holiday.
Cases and matters falling within the jurisdiction of the court in accordance with the provisions of arbitration.
Uncontested judicial affairs.
Cases and works that are stated to be urgent in the law or that are decided to be heard urgently by the court upon the request of one of the parties.
The works to be seen during the judicial holiday are the ones listed here. The questions should be solved according to the ones listed here.
In the cases related to Shoybag, aftik was counted among the works to be held during the judicial holiday. Therefore, for example, the paternity case is now one of the cases that are heard during the judicial holiday.
If the parties come to an agreement or if it is a case in the absence of the other party, upon the request of the party present, the above-mentioned work and cases may be postponed after the judicial holiday.
Courts on duty are responsible for the cases and works that will be heard during the judicial holiday.
Appeals/appeal and decision correction reviews are also handled during the judicial holiday.
Receipt of lawsuits, counterclaims, appeal and appeal petitions, reply petitions against them and petitions for renewal of lawsuits whose files have been removed during the judicial holiday, regarding lawsuits and works other than those shown in the above paragraphs, issuing a verdict, all kinds of notifications, filing the file to another court, The process of sending it to the regional court of appeal or the Supreme Court is also done.
In cases and works subject to judicial vacation, if the expiry of the periods determined by this Law coincides with the time of vacation, these periods are deemed to be extended by one week from the day the judicial vacation ends, without the need for a separate decision,
For my example, the end date of the two-week period that started on July 0 is the end of the evening working hours on August 24. However, since this date coincides with the holiday period, the period starts from September 1, that is, it ends at the end of the working hours on September 7th.
However; Since the end date of the two-week period, which started on 28 August, is not a judicial holiday, the period normally ends at the end of working hours on 11 September.
Judicial vacation is only applied to the lawsuits and works that have been filed. For a lawsuit or claim that has not yet been filed, the periods do not apply and these are the property of the judicial vacation. Otherwise, the statute of limitations expires and the period of foreclosure expires.
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