15 articles of the proposal, which includes new regulations in the judiciary, were accepted by the Justice Commission.
The first 15 articles of the Law on Enforcement and Bankruptcy Law, which includes new regulations in the judiciary and on the Amendment of Certain Laws, were accepted by the Parliamentary Justice Committee.
According to the accepted articles, the article titled “lien on housing” will be added to the Enforcement and Bankruptcy Law.
Accordingly, if the executive director determines that the place where the lien is requested is a residence, he will decide to make a lien on this place and will immediately submit this decision to the enforcement court for approval.
The court will definitively decide to approve the decision if, at the end of the examination, which will be carried out on the file within 3 days at the latest, from the date of delivery of the file, if it is understood that the place where the lien is requested is the residence. Upon notification of this decision to the enforcement office, foreclosure proceedings will be carried out.
If it is understood that the place where the lien is requested is not a house, the court will definitively remove the decision to make a lien on the house. Upon notification of this decision to the enforcement office, the executive director will re-decide on the current lien request.
Upon the court’s approval decision, if it is understood that the place where the foreclosure was made is not a residence, the foreclosure will continue. However, during the foreclosure process made on a foreclosure decision on a place that is considered not to be a residence, if it is understood that this place is a residence and the debtor does not consent to the lien, the foreclosure process will be terminated. This provision will not apply to the lien.
This provision shall also not be applied to the decisions regarding the lien on the house given before the date of entry into force of the regulation and the confiscated goods.
The confiscation of personal belongings and all household goods belonging to the debtor and family members living under the same roof will be prohibited. Personal belongings belonging to the debtor and family members living under the same roof, and all household goods serving the common use of the family will be included among the goods that cannot be seized.
It will also be prohibited to make a lien in a way that exceeds the amount that will be subject to enforcement proceedings.
LIQUIDATION OF GOODS THAT DO NOT NEED TO BE STORED
The article titled “disposal of goods that do not need to be kept” will be added to the Enforcement and Bankruptcy Law. In this context, the lien, which is the basis of the preservation process, has been lifted and the procedures and principles will be regulated regarding the liquidation of the goods under its trusteeship.
According to this, the lien, which is the basis of the preservation process, has been lifted and the goods under its trusteeship will be liquidated ex officio by the execution office of the place where the proceeding is carried out.
Information on the goods to be liquidated will be announced by the enforcement office on the National Judicial Network Information System (UYAP).
The liquidation costs will be covered primarily from the advance in the file, and in the absence of the advance, from the Ministry of Justice budget.
If the amount paid to the file cannot cover the expenses incurred from the budget of the Ministry of Justice, the enforcement office will notify the collection office to collect the remaining expense from the debtor.
After the final reports are received, the confiscation of the drugs will be decided at every stage of the investigation by the criminal judgeship of peace, provided that the samples to be taken in accordance with the procedure determined in the regulation are kept.
The narcotic substances that have been confiscated will be delivered to the civil authority in a sealed condition to be carried out as required. The drugs taken as an example will be confiscated together with the verdict, but will be handed over to the local authority after the verdict is finalized.
Arrangements are made to ensure that drugs or stimulants, which are exclusively criminal goods, are immediately confiscated and destroyed.
These changes will also apply to narcotic or stimulant substances confiscated before the effective date of the offer. In the process of prosecution; In terms of the files pending in the first instance court, the UYAP records will be examined and a decision will be made immediately by the first instance court for the files that are in the way of appeal or appeal. Sufficient samples will be taken in unsampled files. Drugs or stimulants taken as an example will only be delivered to the civil authority after the verdict is finalized.
“Immigrant smuggling” is added to the crimes listed in the Law on Firearms, Knives and Other Tools. Thus, it will be possible to allocate weapons, ammunition, tools, equipment and consumables directly related to national defense or internal security services, confiscated due to the crime of migrant smuggling, to the Turkish Armed Forces, General Directorate of Security, Gendarmerie General Command or Coast Guard Command.
FINANCIAL SUPPORT TO LAWYERS
Among the duties of the Press Adverti*****t Agency are to mediate and support the publication of adverti*****ts and adverti*****ts in Turkish publications and internet news sites abroad, and to open a representative office abroad for these purposes when necessary.
The General Assembly of the Press Adverti*****t Agency will determine the qualifications of Turkish-language publications and internet news sites abroad.
Financing support will be provided under favorable terms by credit and financial institutions and public institutions and organizations that give credit to meet the expenses of lawyers to set up offices. The procedures and principles regarding the provision of support will be determined by the Ministry of Justice, taking the opinions of the Banking Regulation and Supervision Agency and the Ministry of Treasury and Finance.
Bar association fee will not be taken for the first 5 years from lawyers who have just started their profession.
In order to strengthen the legal aid system, the rate of fees and fines, which are among the revenues of the legal aid office, will be increased from 2 percent to 3 percent.
Evidence can be determined by notaries. In order to determine a case to be brought forward in a lawsuit to be filed in the future, upon request, an expert examination can be made by notary publics in or outside the notary public’s office, by taking an oath, and a witness statement can be taken.
A report containing all transactions and declarations will be prepared and the expert report and other documents, if any, will be added to the report. These transactions are; to the extent appropriate to its qualifications, it can be done by notary publics or by a law school graduate officer or notary public intern who has been authorized to sign in the notary public’s office. These transactions cannot be done by the consuls. The procedures and principles regarding the implementation will be regulated by the Ministry of Justice. (AA)
