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Category Makale

14Mar
 

Ecology. The first tree in the “forest” of Seyhan Law Office

Ecology. The first tree in the “forest” of Seyhan Law Office

Todayvwas planted the first tree, in our law office, in honor of the birthday of the Attorney Bulent Seyhan. The founding partner of Seyhan Law Office. We hope that this was the first small step to the tradition of planting trees on the occasion of birthdays and other important events and dates in the lives of partners and employees of our office. The goal is also to plant a whole forest over time.

ecology

ecology

Everyone needs to try to do something to solve ecological problem as far as their strengths and capabilities are because the environmental situation on planet earth is rapidly deteriorating, and .

Seyhan Law Office also conducts other environmental care activities. Garbage sorting, recycle of plastic bottles and caps, support for charity projects.

The ecology of the native country and the native planet should be the concern of every reasonable member of society.

11Mar
 

How to get citizenship without money?

How to get citizenship without money?

There are different ways to obtain Turkish citizenship (except for birth from Turkish parents).
The quickest and easiest way to obtain citizenship to foreigners investing large sums
money in the economy of the Republic of Turkey. To provide fifty Turks with jobs, purchase
real estate in the amount of from 250,000 US dollars, establish a company with registered
capital of more than 500,000 US dollars and other ways to quickly apply for obtaining
citizenship in an exceptional manner.
However, you can obtain citizenship in other ways (without money). Below are some of them:

  • Marriage with a Turkish citizen. A foreigner who has been married to a Turkish citizen for three years or more may apply for citizenship. It is worth noting that the marriage must be real, not fictitious – this is strictly monitored by the relevant authorities.
  • Official employment in Turkey. An alien residing in the territory of the Republic of Turkey on a residence permit based on work of five years or more has the right to apply for Turkish citizenship. It is necessary to pay attention to the moment that in order to hire a foreigner, the employer must fulfill a number of conditions stipulated by Turkish law. In particular, employ a certain number of Turkish citizens
    (five officially employed Turks for every foreigner). Also, the employer does not have the right to hire a foreigner to work for a minimum fee. The salary of a foreigner must exceed the minimum at least one and a half times (different professions have their own standards).
  • Studying at a Turkish university.The years that a foreigner lives on a student residence permit are protected as the length of stay in the country if, after graduation, the foreigner transfers to one of the permanent residence permits (work, family or real estate residence permit). In total, the period of residence in Turkey (student + permanent) should be five years or more.
  • You can also obtain Turkish citizenship by purchasing real estate in Turkey and having lived in it for more than five years. This is not a way to acquire Turkish citizenship without money, but it is quite possible to find an apartment at an affordable price. Before making transactions on the purchase of real estate, it is advisable to obtain legal advice, lawyers of the Seyhan Law Office have many years of experience in this field.
05Mar
 

Employment in Turkey

The right to employment is protected by the Constitution of the Republic of Turkey and the laws. Foreigners are also entitled to employment, but this requires a work permit.

Minors under the age of 15 cannot be hired in Turkey. Employment of minors between the ages of 15-18 is regulated separately, for them there are some restrictions prescribed by law. The Turkish state is harsh on the implementation of these rules.

Obtaining a work permit

A foreigner residing in the territory of the Republic of Turkey must obtain a permit in order to start working. There are exceptions for foreigners with refugee status or who are under secondary protection. These persons may work without a work permit from the moment they receive the corresponding status.

The body issuing the work permit is the Ministry of Labor and Social Protection. An application for permission can be submitted from within the country and from abroad. The application is submitted through the employer.

In the event that you want to apply for a work permit while being outside of Turkey, you need to contact the diplomatic mission of the Republic of Turkey in the country of your citizenship or permanent residence. You need to submit to the representative office an Employment Agreement that you have signed with the employer.

 

04Mar
 

Advantages of Turkic nationality

What are the advantages of Turkic nationality for foreigners living in Turkey?

First of all, in the issue of employment. There are a number of professions prohibited for foreigners. Such as:

  • Dentistry, patient care (Code No. 1219 “On the Medical Art …”)
  • Pharmaceutics (Code of Pharmacists and Pharmacies)
  • Veterinary science (Code of the Structure and Activities of the Association of Veterinarians and Veterinary Chambers)
  • Responsible directorate of private hospitals (Code of Private Clinics)
  • Legal profession (Code of Advocacy)
  • Notary (Code of Notary)
  • Private security (Code No. 5188 on Private Security Services, Article 10)
  • A number of maritime professions (Code of Cabotage)
  • Customs brokerage (In accordance with article 227 of Code No. 4458 on Customs)
  • Tour guide (In accordance with article 3 of Code No. 6326 on the Profession of a tour guide)

Employment of Turkics

However, there are exceptions for foreign citizens with Turkic nationality, according to Code No. 2527 on Employment of Foreign Citizens of Turkic Nationalities.

The purpose of the adoption of this Law is to allow foreigners of Turkic nationalities to freely engage in professional activities in areas where there is a need for personnel. To give the opportunity to work for foreigners of Turkic nationalities in state and private organizations, with the exception of the Armed Forces of the Republic of Turkey and the public security organs.

Persons of Turkic nationalities are free to find jobs in professions prohibited to other foreigners. For example, they can become lawyers. However, in any case, it is necessary to obtain a work permit for employment.

Additional Information: Previously, Turkic nationality gave advantages in obtaining Turkish citizenship. Foreign Turks could live only two years to apply for citizenship. However, this article lost its legal force in 2010 and more is not provided.

To take advantage of the Turkic nationality, a foreigner needs to be registered in the register of foreigners. ДTo do this, contact the City Office of Population and Citizenship or the District Office of Population at the place of residence.

28Feb
 

Recognition and enforcement of decisions of foreign courts in Turkey

Recognition and enforcement of decisions of foreign courts in Turkey

Throughout the XX century. in many countries, private international law has been comprehensively codified.
The state has a desire for a single legal act containing fundamental provisions in the field of private international law. This has formed a modern trend in the development of this branch of law. Its essence lies in the separation of private international law as a branch of law.

The example of the Republic of Turkey in this area is of particular interest. Due to the fact that two very successful codifications of private international law have already been implemented in this country.

In particular, in 1982, the Law on Private International Law was adopted, which was in force from November 20, 1982 to December 12, 2007 and was the first legislative act to codify private international law in Turkey. And in 2007, it was replaced by the Code of Private International Law and the International Civil Procedure (hereinafter referred to as the Turkish Code of 2007), a comprehensive codification act covering the definition of competent law applicable to civil, family, labor and other private law relations, issues international civil litigation and commercial arbitration. Currently, the provisions regarding the recognition and enforcement of foreign judgments are governed by chapter II of the 2007 Turkish Code.

First of all, it should be noted that the recognition of foreign judgments as final must be confirmed by a Turkish court. A foreign court decision has no legal force in Turkey. It receives it only insofar as the procedural legislation of the Republic of Turkey allows the recognition and enforcement of such a judgment. However, for this it must meet the requirements. First, recognition and enforcement of a decision of a foreign court occurs only if the foreign decision is made solely by the court. Secondly, a recognized decision should not be made on criminal law matters, otherwise enforcement is rejected.

At the same time, a decision on enforcement may be claimed in accordance with the provisions on personal rights provided for in a sentence in a criminal case of a foreign court (clause 2 of article 50 of the Turkish Code of 2007); thirdly, the decision must be final in accordance with the law of the court that issued the decision. This means that a foreign court decision that has entered into force is binding on the parties of the dispute. and cannot be reviewed either in substance or in procedure. At the same time, it should be borne in mind that they do not have signs of finality and are temporary in nature of a court decision to seize property, as well as other interim measures. Also, decisions on bankruptcy issues cannot be considered final, since they do not resolve the dispute between the parties on the merits.

The right to demand the enforcement of a judgment is granted to any person who has an appropriate legal interest.

The compulsory recognition and enforcement in Turkey of judicial decisions made in civil cases by foreign courts and which are final by the law of the place of consideration of the case is carried out by decision of a competent Turkish court. As indicated in Art. 51 of the Turkish Code of 2007, the competent courts for the settlement of disputes on enforcement are the courts of first instance:

1) at the place of permanent residence in Turkey of the person in respect of whom enforcement is required;

2)
at the place of usual residence, if there is no place of permanent residence;

3)
Ankara, Istanbul or Izmir, if there is no place of permanent or usual residence in Turkey.

In accordance with Art. 52 of the Turkish Code of 2007, the enforcement of a court decision may be requested by submitting a written request with the attached copies in the number of copies corresponding to the number of persons of the opposite party.
In this case, the application must contain the following information:

1)
name, surname and address of the person requiring enforcement, the opposing party and, if available, the legal representative;

2)
name of the state in which the decision requiring enforcement was issued, name of the court, date, number and summary of the decision;

3)
if partial enforcement is required, then this part of the judgment.

The following documents must be attached to the application for enforcement (Article 53 of the Turkish Code of 2007):

  1. the original of the court decision duly certified by the authorities of the country or a copy of the court decision certified by the judicial authority that issued this decision and its certified translation;

2) a statement or a document duly certified by the authorities of this country, certifying that the decision is final, and its certified translation.

Article 54 of the Turkish Code of 2007 lays down the conditions for the enforcement of a foreign judgment. In particular, a court with jurisdiction shall decide on the enforcement of a judgment, provided that:

  1. there is a reciprocity agreement between the Republic of Turkey and the state in which the judgment was issued, or provisions of law or practice allowing the enforcement of judgments handed down by Turkish courts in that state. 
    This condition means that for the recognition and enforcement of foreign decisions it is important not so much to have an international treaty as to observe the principle of reciprocity. Reciprocity should be based on national law or the practice of a foreign state that recognizes and enforces decisions of Turkish courts. The reciprocity between the Turkish state and the state whose court ruled may be ensured by the provisions of international conventions, the norms of Turkish law or the application of “de facto” (“in practice”, “in fact”).
    So, for example, on December 15, 1997, in Ankara, an Agreement was signed between the Russian Federation and the Republic of Turkey on the mutual provision of legal assistance in civil, commercial and criminal matters, which, however, has not yet entered into force.

Wherein.

Moreover, in Art. 19 of the Agreement, it is indicated that the parties agreed to recognize and enforce judicial decisions in civil and criminal matters regarding compensation for damage, and duly approved arbitral awards, as well as the possibility of recognizing decisions regarding personal status, if they handed down before the entry into force of the contract. Thus, we can say that between Russia and the Republic of Turkey there is the possibility of mutual recognition of decisions. But only on issues of personal status of citizens on an extremely unusual basis – an unpublished international treaty that has not entered into legal force;

2) the court decision was made on a matter that is not in the exclusive jurisdiction of the Turkish courts or has not been made by a court that has lost its jurisdiction, although it is not directly related to the subject matter or to the parties, provided that the defendant objects to its validity.

This condition implies that in some cases the Turkish courts have exclusive powers to examine the merits of the dispute and in such cases the Turkish court will be the only competent court;

3) the court decision is clearly not contrary to public policy.

Currently, the Turkish legislator is operating with the term “public order” that is customary for private international law. However, it does not disclose its content, which is due to the possibility of changing the content of this category in temporal and spatial contexts.The Turkish legislator uses such evaluative language. Such as “clearly contradictory” and “if deemed necessary”, which allows various interpretations of this category depending on the discretion of the law enforcer. In this case, the legislator provides the prerogative of the interpretation of the concept of “public order” law enforcement practice and doctrine. For example, one of the most successful definitions was proposed by the Supreme Court of Cassation, which in its decision of May 6, 1998 (that is, even before the adoption of the Turkish Code of 2007) made an attempt to outline the general framework of the “public order” category, meaning him “events that seriously contradict or undermine the rules of morality and honesty, the basic principles and values ​​of law and society, justice, understanding of morality and fundamental rights provided for by the Constitution”.

The next step in this direction was taken by the Turkish Supreme Court of Cassation in 2012.

Referring to Art. 54 of the Turkish Code of 2007. According to this article, one of the conditions for refusing to enforce foreign judgments is the contradiction of their enforcement of public policy.The court tried to answer the question whether the lack of a reasoning part in the decision of the foreign court violates Turkish public order, and gave a negative answer. According to the peremptory norm of Turkish law, the court decision must contain a reasoning part. However, the lack of such in a foreign court decision does not automatically make it contrary to Turkish public policy.

Despite the fact…

4) Despite the fact that the person in respect of whom the enforcement of the decision is required.In violation of the right of this place, it was not duly summoned to the court making the decision, or was not properly represented in this court, or because of his failure to appear, an absentee decision was made, or the court decision in his absence was made in violation of these laws, and this person It did not raise objections on these grounds in a Turkish court regarding the enforcement of a decision. This norm is almost unique.

The universally recognized requirement for the recognition and enforcement of foreign court decisions is their compliance with the law of the place of issuance and proper notification of the defendant of the time and place of the trial. The Turkish legislator does not present such requirements: a refusal of recognition and enforcement is possible only if the interested person himself raises objections on these grounds in a Turkish court.

Thus, the 2007 Turkish Code provides a limited and exhaustive list of conditions for refusing recognition of foreign judgments.

The consideration of the requirement of enforcement and the issuance of an appropriate decision is regulated by the general rules of procedural law of Turkey (clause 1 of article 55 of the Turkish Code of 2007). In this provision, Turkish law enshrined the use of “lex fori” (“law of the court”) as a procedural imperative. The court may decide that the decision is enforceable in whole or in part. Or that the claim is not subject to satisfaction, which is indicated in writing in the final part of the decision of the foreign court, sealed and signed by the judge (Article 56 of the Turkish Code of 2007).

An appeal of decisions made in respect of recognition and a demand for enforcement or refusal of execution is carried out in accordance with the general rules, in particular, such an appeal suspends the execution of a decision (clause 2 of Article 57 of the Turkish Code of 2007).

Paragraph 1 of Art. 57 of the Turkish Code of 2007 establishes that a foreign court decision in respect of which a decision was made on enforcement is enforceable as a decision made by Turkish courts, that is, a foreign decision acquires the properties of a national court decision.

In accordance with Art. 59 of the Turkish Code of 2007, a foreign court decision comes into force from the moment when it becomes final.

COMMERCIAL AND CORPORATE LAW

 

26Feb
 

Engagement in Turkish law. Part 2

In this part we will analyze the consequences of termination of the engagement agreement. If the engagement ended in the marriage of the engaged, then from that moment the articles of the Civil Code governing the institution of marriage apply to them. If the engagement was terminated due to the death or missing one of the engaged, the only consequences will be the return of the gifts and the release of the other party from all the obligations imposed by the engagement. In general, in any case, in the event that the engagement ends, except that it ends with a legal marriage – gifts are returned.

Refund is also necessary in cases of termination of the engagement agreement by agreement of the parties and in the event of the impossibility of marriage and termination of the engagement unilaterally (it does not matter for valid reason or not). However, if the engagement is terminated unilaterally for an insufficient reason, compensation may be requested.

Property compensation

According to Article 120 of the Civil Code of the Republic of Turkey, the party not guilty of termination of the engagement has the right to demand compensation for its losses associated with preparations for the wedding and the engagement ceremony, as well as losses associated with the status of the engaged and losses that occurred due to the belief of the innocent party in further marriage. Also, reimbursement of funds spent for the same purpose may be required by the parents of the affected party (or persons replacing the side of the parents). The party whose fault the engagement was terminated does not have the right to demand compensation.

Important!

The right to material compensation is inherited, in contrast to the right to compensation for non-pecuniary damage.

What conditions must be met in order to claim compensation? Compensation can only be requested by the innocent party from the party that terminated the engagement without any valid reason or gave a valid reason for terminating the engagement (ill-treatment, betrayal, etc.) If the guilty party has personally terminated the contract, then you can also demand compensation from it. If the engagement was canceled for a valid reason, but without the fault of any party, no party has the right to demand any compensation.

What losses and expenses are recoverable?

The expenses that were committed by the party because of the belief in the validity of the engagement agreement. Engagement ceremony expenses are also included in this category, for example, renting a hall for the ceremony. Also, the innocent party may, on the other hand, demand compensation for losses incurred in order to conclude a marriage and lead a marriage life. For example, renting an apartment in which they were going to live, buying furniture, expenses for a honeymoon. The controversial issue is whether the party who quit the job because of the belief in further marriage can claim compensation.

In particular, in one of its decisions, the Supreme Court is of the opinion that it can. One way or another, it is possible to compensate only those losses that were committed during the period when the engagement agreement was valid (or if the innocent party did not know about the termination of the engagement). Another important condition, costs the Civil Code of the Republic of Turkey Article 2 (honesty rule) should be done within the framework.

Compensation case

If the parties agree on the amount of compensation, then there are no problems. However, if an agreement is not reached peacefully, the party innocent of terminating the engagement may sue. As the defendant party, you can only indicate the party itself due to the termination of the party, it is not allowed to indicate its parents or other persons, but its heirs can be shown as the defendant in the event of the death of the defective party. Also, in the event of the death of the injured party, a lawsuit may be filed by its heirs.

During the trial, you need to prove that the engagement was canceled and if the party itself was the initiator of the break, prove the guilt of the other side. If the defendant has terminated the contract, it will be sufficient for the plaintiff to prove the termination.

For such questions, you should seek qualified help from an attornet. An attorney in Turkey with many years of experience from the Seyhan Law Office provides consulting and lawyer services in different languages, including in English.

first part of the article

24Feb
 

Cooperation of the Seyhan Law Office with the Ukrainian law firm Rubicon

An online conference was held at which Attorney Bulent Seyhan, the founding partner of the Seyhan Law Office, and Pavel Nikulin, director of the Ukrainian law firm Rubicon, agreed to cooperate. The details and conditions of the upcoming cooperation were also discussed.

Some information about our solution partner:


This organization provides a wide range of consulting and lawyer services to Ukrainian clients and clients from other countries, in the territory of their country, as well as abroad. Due to the presence of a large partner network of legal organizations in many countries, the Rubicon Law Firm can provide legal services together with foreign attorneys, lawyers, as well as other specialists in more than 30 countries.

The company’s permanent foreign legal partners are more than 100 foreign legal entities and more than 300 foreign lawyers conducting private practice. Most of the partner lawyers at Rubicon Law Firm abroad are Russian-speaking lawyers.

15Feb
 

A rally in Moscow for the rights of men. Male egalitarian movement

On February 8, 2020, on Saturday, a rally for the rights of men in Russia was held in Hyde Park of Sokolniki Park, Moscow. Several hundred people came to the rally, also among them were women. There was also a correspondent for the Seyhan Law Office.

The opening speech with a list of requirements for the authorities was made by lawyer Anton Sorvachev, an Male egalitarian movement activist and organizer of the event. The speaker went to the public in shackles in order to clearly demonstrate the oppressed position of men in Russian society.

The male egalitarian movement requires equal rights for men, calls on the authorities and the public to pay attention to such problems as male suicides (according to statistics, Russia is first in the world in the number of male suicides), short life expectancy of men, sexist references in the legislation of the Russian Federation, unfair judicial practice (in more than ninety percent of cases children leave to their mothers), unequal reproductive rights, homelessness (the vast majority of homeless people are men) and others.

Representatives of public organizations, bloggers and authors of the Men’s movement also took part in the rally.

* The rally was authorized, all permissions from the authorities were received.

 

 

14Feb
 

Attorney’s rights in Turkey

The rights of attorneys in Turkey are not discussed as much as their duties are discussed. There is also a lack of academic work on attorney law. However, administrative decisions restricting the rights of lawyers in Turkey are quite common. And they don’t always comply with the Law. Naturally, these decisions negatively affect the case. Because, according to the Law on Attorneys 1136 of 1 March 1969, Article 1 / II, the attorney is one of the main factors in legal proceedings. In addition, by affecting the limits of the rights of lawyers or professional bar associations (for example, the Association of Chambers of Advocates), the administration affects human rights.(Source Link)

Attorney

Attorney

Some academics define their lawyer rights as right and authority; however, a more correct approach is to not classify lawyer rights as an authority. From a wide spectrum of rights of a lawyer in Turkey, several subgroups can be formed: in connection with the adoption of a case, professional work, professional community, customer relationship, social security.

13Feb
 

What should you do if you lost your turkish residence permit?

Residence permit. What should you do if you lost it?

If you have lost the document (card) of a residence permit, you should follow these steps:

Go to the nearest police station as soon as possible. This must be done as early as possible so that intruders cannot use your document. At the police station, you need to report the loss of a residence permit (ikamet). There they will prepare and give you a record of lost property (kayıp eşya tutanağı).

With the protocol on the loss of a residence permit, a passport, a photocopy of the passport and two photos for documents, you should go to the Migration Service (İl Göç İdaresi Müdürlüğü). You do not need to take an appointment in advance, just come with the above documents.

You will be given a temporary document with which you can leave the country without fines and without the need to obtain an entry visa. Please note: this document will only be valid if submitted with the receipt of the fee. Make sure that the receipt has been returned to you after we receive the temporary document.

Additional Information: Police stations operate twenty-four hours a day, seven days a week. The working hours of the migration service are from 09:00 a.m. to 18:00 p.m. From 12:30 to 13:30 there is a lunch break. On weekends (Saturday and Sunday) the Migration Service is closed.

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