1-Climate Change Presidency

It has been stated that a Climate Change Presidency will be established under the Ministry of Environment, Urbanization, and Climate Change, and it is envisaged that this institution will carry out administrative inspections and impose penalties.

2-Emissions Trading System

The law introduces the concepts of the Emissions Trading System (ETS) and carbon credits, which will be newly implemented in our country, and makes it mandatory for businesses within the scope of the law to obtain greenhouse gas emission permits. For example, the concept of “allocation” in the law refers to transferable, registered, and time-limited greenhouse gas emission rights equivalent to one ton of carbon dioxide, and the law regulates the ability of businesses to operate within these rights or transfer them.

3-Penalties

The law regulates comprehensive administrative fines, notification appeal procedures, and activity suspension mechanisms: For example, Failure to Submit an Emission Report: A penalty of between 500,000 and 5,000,000 ₺ is foreseen, while this penalty is foreseen to be applied at double the amount for businesses integrated into the ETS. Ozone and Fluorinated Gas Violations: Violations of obligations are subject to fines ranging from 120,000 to 2,500,000 Turkish Lira, import bans, and import certificate revocations.  Increase in Penalties and Suspension of Activities: In case of repeated violations, penalty rates will increase exponentially; if the violation is not rectified, a one-time grace period will be granted, and if no resolution is achieved, activities may be suspended.

4-Implementation Process

A pilot implementation period will be conducted before the Electronic Trading System (ETS) is fully implemented, during which the penalties specified in the law will be applied at an 80% reduced rate. At the time of writing this article, the law has not yet been approved by the President and published in the Official Gazette. Within three years of the law coming into effect, businesses within the scope of the ETS must obtain a Greenhouse Gas Emission Permit, and it is stated that during this period, businesses within the scope of the law will be deemed to have the necessary permits on a one-time basis. The law provides for the completion of preparations for full implementation by December 31, 2027, with the necessary coordination between local authorities and central administration.

A restriction code is a mark that indicates what type of administrative restriction has been imposed on foreigners who are not Turkish citizens based on actions presumed to be unlawful. It also shows the reason for this restriction, meaning its factual cause. Restriction codes are abbreviated with various letters; these are:

• C Restriction Codes
• G Restriction Codes
• K Restriction Codes
• M Restriction Codes
• N Restriction Codes
• Restriction Codes
• V Restriction Codes
• Y Restriction Codes

These codes are divided into eight main sections.

2- HOW TO REMOVE A RESTRICTION CODE?

As stated above, restriction codes refer to limitations imposed on foreigners by the administration due to actions presumed to be unlawful. Therefore, to remove a restriction code, an application must first be made to the administration under the Administrative Jurisdiction Procedures Law, requesting its removal.

If the administration provides a negative response or does not respond at all, and 30 days (thirty days) pass from the date of application, a lawsuit can be filed at the administrative court within the 60-day (sixty-day) period to have the restriction lifted.

The competent court varies depending on which authority imposed the restriction code:

• If the restriction was imposed by the Provincial Immigration Administration, the competent court is the administrative court of that province.
• If the restriction was imposed by the Ministry, the competent court is the Ankara Administrative Court.

3- LEGAL EVALUATIONS REGARDING RESTRICTION CODE REMOVAL WITH MEANINGS AND HIGH COURT DECISIONS

3.1- Ç-101 Restriction Code: This code applies to foreigners who have violated visa, work permit, or residence permit regulations for less than three months. Foreigners under this code face an entry ban of three months.

3.2- Ç-102 Restriction Code: This code applies to foreigners who have violated visa, work permit, or residence permit regulations for more than three months up to and including less than six months. Foreigners under this code face an entry ban of six months.

3.3- Ç-103 Restriction Code: This code applies to foreigners who have violated visa, work permit, or residence permit regulations for more than six months up to and including less than one year. Foreigners under this code face an entry ban of two years.

3.4- Ç-104 Restriction Code: This code applies to foreigners who have violated visa, work permit, or residence permit regulations for more than one year up to and including less than two years. Foreigners under this code face an entry ban of two years.

3.5- Ç-105 Restriction Code: This code applies to foreigners who have violated visa, work permit, or residence permit regulations for more than two years up to and including less than five years. Foreigners under this code face an entry ban of five years.

3.6- Ç-106 Restriction Code: This code applies to foreigners who have violated visa, work permit, or residence permit regulations for more than five years, including five years. Foreigners under this code face an entry ban of seven years.

3.7- Restriction Code Ç-113: This is a restriction code applied to foreigners identified as having illegally entered or exited the country. In such cases, the foreigner in question is subjected to a two-year entry ban to the country. Recently, this restriction code has been frequently applied to foreigners who enter Turkey illegally.

Example Jurisprudence: According to the jurisprudence, the Ç-113 restriction code and deportation decision applied to a foreigner whose temporary protection status ended upon illegally exiting Turkey and subsequently illegally re-entering the country are lawful;

Council of State 10th Chamber, File No: 2016/3090 E., Decision No: 2021/4939 K.

It has been determined that the claimant, who first entered our country on 14/11/2013, does not have any information or documentation in the file indicating registration under temporary protection status or any application made by the claimant in this direction at that time. Even if the claimant was considered to be under temporary protection status at the stated date, it must be accepted that the claimant’s temporary protection status individually ended, as explicitly stipulated by Article 12 of the Temporary Protection Regulation, due to voluntarily leaving Turkey several times afterward. Additionally, considering that no administrative action was taken by competent authorities to continue temporary protection status under Article 13 of the Temporary Protection Regulation upon the claimant’s subsequent re-entry into Turkey, general provisions of Law No. 6458 must apply to the claimant who is determined not to be under temporary protection status. Therefore, there is no legal obstacle to processing the claimant’s case under Article 9 of the aforementioned law.

In this context, upon evaluation, it is evident that the claimant, determined not to be under temporary protection status, entered our country on different dates but continued to remain illegally without obtaining a visa or residence permit, and most recently was found to have entered our country illegally without a visa. Considering these facts, the claimant’s illegal presence constitutes a violation of public order. Consequently, the contested action prohibiting entry to the country, established under Article 9 of Law No. 6458, has been concluded as lawful.

3.8- Ç-114 Restriction Code:

The Ç-114 restriction code is imposed by the Provincial Migration Directorates on foreign nationals who have been subject to judicial proceedings. The foreign national is prohibited from entering the country for two years, and if they are within the country, a deportation decision is issued against them. If the foreign national files an administrative lawsuit against the deportation decision, the execution of the deportation decision is suspended.

Example Case Law:
The precedent states that the rejection of a foreign national’s short-term residence permit application by the administration due to the previously imposed Ç-114 restriction code, despite its removal, is unlawful.

Council of State 10th Chamber – Case No: 2016/938, Decision No: 2021/4947

The case involves a plaintiff who had been residing in Turkey under family residence permits granted to stay with their mother. The plaintiff applied for a short-term residence permit as their family residence permit was about to expire. However, this application was rejected on 04/09/2015 on the grounds that the plaintiff had a one-year entry ban due to the Ç-114 restriction record and, therefore, needed to obtain a special annotated visa appropriate to their purpose to enter Turkey.

Nevertheless, based on the documents in the case file, it was established that the plaintiff’s entry ban was lifted on 18/04/2013, and the plaintiff, who entered Turkey on 16/04/2013 with a special annotated visa, had been granted a family residence permit valid until 02/06/2015. Thus, as of the date of the decision, it was evident that the plaintiff no longer had an entry ban.

Accordingly, the defendant administration’s claim that “the plaintiff was subject to an entry ban” cannot be accepted as a legitimate reason for the administrative act in question. Moreover, since there was no legal obstacle preventing the plaintiff from applying to the relevant governor’s office for a short-term residence permit transition from a family residence permit, the requirement for the plaintiff to obtain a special annotated visa appropriate to their purpose was deemed unjustified.

In this context, rather than rejecting the plaintiff’s short-term residence permit application based on an alleged one-year entry ban and the necessity to obtain a special annotated visa, the application should have been evaluated based on other legal conditions required by law. Consequently, the administrative act rejecting the plaintiff’s short-term residence permit application was found to be unlawful

3.9- Ç-115 Restriction Code: Applied to foreigners imprisoned under the Turkish Penal Code (TCK) and subsequently released. Entry is prohibited for two years, and deportation procedures are initiated.

3.10- Ç-116 Restriction Code
The Ç-116 restriction code is applied when a foreigner sustains their livelihood through illegitimate means within Turkey. Also known as the “prostitution code,” once imposed, this restriction code results in a five-year entry ban for the foreigner. If the individual is within the country, deportation proceedings are initiated.

A precedent ruling states that a foreigner’s residence permit application cannot be rejected solely because the Ç-116 restriction code had been previously imposed and its duration had been completed. In other words, a foreigner who has previously been subject to the Ç-116 restriction code cannot be denied a short-term residence permit on the grounds that the restriction period has already been served.

Council of State, 10th Chamber
Case No: 2016/2382
Decision No: 2021/3224

It was determined that two separate Ç-116 restriction records (pertaining to foreigners posing a threat to public morality and public health, with a one-year ban) had been imposed on the plaintiff on 01/04/2010 and 05/11/2012. Consequently, the plaintiff was unable to enter Turkey due to these restriction records. However, after serving the required period, the restrictions expired, and the plaintiff entered Turkey on 23/02/2015, subsequently applying for a short-term residence permit.

Since there was no finding indicating that the plaintiff posed a threat to public order or public health after re-entering Turkey on 23/02/2015, the legal action rejecting the residence permit application solely based on the previous restriction records was deemed unlawful.

3.11- Ç-117 Restriction Code: It is the code applied to a foreign national working illegally within the country. With the application of this code to the relevant foreign national, deportation procedures are initiated, and a one-year entry ban is imposed.

A precedent ruling states that rejecting the citizenship application of a foreigner who previously had Ç-116 and Ç-117 restriction codes and was found to have engaged in prostitution, after their subsequent marriage and fulfillment of the necessary conditions, is unlawful.

Council of State, 10th Chamber 2016/2766 E., 2020/4436 K.

In the case subject to the dispute, the security investigation conducted by security units in the plaintiff’s locality revealed that the plaintiff was previously apprehended on 20/01/2001 in … , … district for being without a passport and violating visa regulations and, as a result of the proceedings, was deported by … Provincial Police Department on 23/01/2001. It was determined that on 29/05/2003, a restriction entry was recorded with the Ç(117) criminal code by the … border gate, and the plaintiff exited the country. On 17/09/2005, the plaintiff was apprehended by … Gendarmerie Command in relation to a prostitution case and subsequently deported by … Police Department. Later, on 21/04/2009, the plaintiff married a Turkish citizen, and it was determined that the marriage was maintained within a family union, that the couple had no children, that the plaintiff was in harmony with their surroundings, led a proper family life, and lived according to Turkish culture, customs, and traditions. Additionally, on 11/12/2012, in the … Governorship Citizenship Investigation and Research Commission Interview and Evaluation Form, it was determined that the plaintiff met the conditions specified in Article 16 of Law No. 5901. It was also understood that there was no record of any judicial or administrative action against the plaintiff, nor any record of an arrest.

Considering that, under Law No. 5901, if it is determined that the applicant does not meet the necessary conditions for citizenship or that the marriage was entered into for personal gain rather than as a genuine marital union, the request for citizenship may lawfully be denied. However, in the present case, there was no finding that the plaintiff failed to meet the conditions for citizenship. Moreover, the plaintiff was found to have been living together with their spouse within a marital union and adhering to Turkish traditions and customs. Therefore, rejecting the citizenship application on the grounds that the plaintiff had engaged in activities incompatible with family unity before their marriage on 21/04/2009 is legally unfounded.

3.12- Restriction Code Ç-118: Imposed when a foreigner’s residence permit is found to be used for unintended purposes. A five-year entry ban is enforced, and deportation proceedings begin.

3.13- Restriction Code Ç-119: Applied if a foreigner working illegally does not pay imposed fines before leaving the country. It enforces a five-year entry ban.

3.14- Ç-120 Restriction Code; It is a restriction code applied to foreigners who fail to pay the fine imposed on them due to a visa or residence permit violation before leaving Turkey. With the application of the Ç-120 code, a five-year entry ban to the country is imposed on the foreigner.

A precedent ruling states that imposing a five-year entry ban on a foreigner who was subject to a three-month ban due to a visa violation but was unable to pay the fines imposed is not proportional.

Council of State, 10th Chamber
2020/3217 E., 2020/5912 K.

Regarding the plaintiff, while an administrative sanction should have been imposed in accordance with the provision in the Ministry of Interior Circular No. … dated … under restriction code (107), which stipulates a three-month ban for visa violations of 1-3 months, instead, solely due to the fact that the person did not have sufficient funds at the time of departure and was unable to pay the penalized residence fee and residence permit booklet fee of 407.65 TL + DEF amount, a penalty was imposed…

3.15- Restriction Code Ç-135: Applied to foreigners who fail to pay fines imposed under the Law on Foreigners and International Protection. A five-year entry ban is enforced.

3.16- Restriction Code Ç-136: Applied to foreigners deported whose travel costs were covered by Turkey due to their non-payment. This restriction remains until repayment.

3.17- Restriction Code Ç-137: Applied to foreigners who fail to leave Turkey within the specified timeframe after being instructed by authorities. A five-year entry ban is enforced.

3.18- Restriction Code Ç-138: Applied to foreigners denied entry during passport control. Enforces a five-year entry ban.

3.19- Restriction Code Ç-141: Applied to foreigners considered risks to international security. Enforces a five-year entry ban, and even after expiry, entry requires approval from the Ministry of Interior.

3.20- G-78 Restriction Code: This is a restriction code applied to foreigners who have been diagnosed with an infectious disease. When a foreigner is found to carry an infectious disease, the G-78 code is applied, and their entry into the country is indefinitely prohibited. However, if the disease is eliminated and proven through an official application, the relevant authority may lift this restriction code.

A precedent decision shows that a foreigner with a G-78 restriction due to an infectious disease was able to enter the country after the disease was no longer present. However, this individual’s residence permit request was denied due to engaging in a fraudulent marriage.

Council of State, 10th Chamber Case No: 2016/13120, Decision No: 2021/1053

In the dispute, it was determined that the plaintiff, born on 06/07/1981 in Odesa, Ukraine, was subject to a G-78 restriction code (infectious disease carrier) under the name … by the Ministry of Interior on 11/10/2000 and 18/10/2000. Upon attempting to enter the country on 14/07/2001, their entry was denied, and the entry record was canceled. Additionally, on 03/09/2003, a restriction was placed at Istanbul Atatürk Airport border checkpoint under the violation code for visa infringement under the name …, and on 26/01/2005, another restriction was registered under the code for prostitution. This latter record was automatically removed from the system on 27/01/2006. The plaintiff subsequently married a Turkish citizen born on 03/12/1933 on 08/07/2005. However, this marriage was declared to be a formal (fraudulent) marriage by the spouse …, and this statement was documented by police officers who witnessed the conversation on 11/12/2006. As a result, the plaintiff’s residence permit request was denied.

Given these findings, the plaintiff did not live in a genuine marital union and was engaged in a formal marriage, contrary to the purpose of residence permits. Therefore, the administrative action taken in accordance with Articles 7 and 19 of Law No. 5683 on the Residence and Travel of Foreigners in Turkey was deemed lawful. Consequently, the decision of the Administrative Court to annul the contested action was found legally incorrect.

3.21- G-87 Restriction Code: It is the restriction code applied to foreigners who threaten public order and general security. As a result of studies conducted by intelligence sources, this code, which is applied particularly to individuals related to terrorism, is often applied based on incorrect information or politically to citizens of certain countries; therefore, its material basis is often lacking and the possibility of its annulment through a lawsuit is high. For a detailed examination on this matter, you may visit https://orhunturkoglu.av.tr/yabancilar-hukuku-g-87-kodu-ile-sinirdisi-edilme-inad-yolcu/.

In the case regarding an example precedent involving a foreigner to whom the G-87 code was applied, it explains that the G-87 restriction code should be annulled due to the lack of evidence concerning its material basis.

Council of State, 10th Chamber Presidency  2016/16059 E., 2021/3251 K.

In the dispute; when the letters from the Ministry of Foreign Affairs, the General Directorate of Security, and the Undersecretariat of the National Intelligence Organization contained in the file—which were presented as the basis for the decision to impose an entry ban on the plaintiff—are examined; in the letter of the Ministry of Foreign Affairs, dated … and numbered …, submitted to the file in response to the interim decision made by the Court, it is stated that the informational documents are attached, and in the letter of the General Directorate of Security of the Ministry of Interior, dated … and numbered …, presented in the annex, it is stated that it was deemed appropriate for foreigners—with clear identity information, elements of crime, and judicial process results written—to be listed as “Persons Prohibited from Entering Our Country” pursuant to Article 8 of Law No. 5683, that a list of 20 names is attached in the annex, that the plaintiff’s and the other persons on the list’s names, surnames, and birth date information are provided, and that all have “In Terms of Our General and National Security” as the reason for expulsion; however, it is understood that the specific actions by which the foreigners on the aforementioned list threaten our general and national security are not individually evaluated; again, in the letter submitted by the Undersecretariat of the National Intelligence Organization to the file, it is stated that there is no supporting information/document for the restriction code; on the other hand, in the letter of the General Directorate of Security of the Ministry of Interior, dated … and numbered …, it is stated that the information and documents are presented in the annex, and in the annex, the aforementioned letter of the General Directorate of Security of the Ministry of Interior, dated … and numbered …, is presented, additionally, the letter of the General Directorate of Security of the Ministry of Interior, dated … and numbered …, is submitted and in summary in this letter; after mentioning a series of special measures and precautions to be taken regarding foreigners of Chechen origin, it was decided that those included in the annex list are to be included in the “Persons Prohibited from Entering Turkey” list, with again a list of 20 names attached in the annex, in this letter it is also noted that it is not specified what kind of action the foreign nationals on the list are taking that threatens our general and national security, that next to the plaintiff’s name the phrase “Chechen Commander” is written, and that without any explanation an entry ban was imposed on him; it has been understood that no concrete information or document regarding the fact that the plaintiff is harmful in terms of public order or public security was submitted in the file, and moreover, that there is no information or document in the case file regarding the existence of a criminal investigation or prosecution against the plaintiff. Accordingly, the lawfulness of the procedure established to impose an entry ban on the plaintiff and the legal accuracy of the Administrative Court decision dismissing the case are not found.

3.22 – K Restriction Codes: This restriction code is applied to foreign nationals who are wanted or have an arrest warrant issued against them for smuggling-related crimes. Entry of such foreigners into the country may be denied, and depending on the nature of the search warrant, their exit from the country may also be prevented.

3.23 – N-99 Restriction Code: This restriction code is applied to foreign nationals who are subject to an Interpol search notice issued by a member country. Granting entry permission to such individuals is at the discretion of the administration.

3.24 – O-100 Restriction Code: This restriction code is applied to foreign nationals who have applied to the administration as asylum seekers but have been found absent from their declared address. Such individuals are deported and prohibited from re-entering the country.

Case Law Example: It is stated that if a foreign national, subject to the O-100 restriction code, marries a Turkish citizen and has a child, their application for a residence permit cannot be rejected solely due to the O-100 restriction code, emphasizing that the child’s interests must be prioritized.

Council of State, 10th Department, Decision No. 2016/2025 E., 2021/2319 K.: It was observed that the plaintiff had applied to the Karaman Governorship for asylum, which was canceled due to fleeing, and an O-100 entry ban was imposed by the Karaman Governorship. The plaintiff, whose application for international protection was rejected, subsequently applied to the Istanbul Governorship for a family residence permit, which was denied on the grounds of not meeting the requirements. However, it was determined that the plaintiff had married a Turkish citizen named … on 21/04/2014, and they had a child named … born on 10/08/2011. Furthermore, following the plaintiff’s withdrawal from the international protection application, Karaman Governorship issued an exit document on 10/07/2015, granting a 15-day period for departure. Within this period, the plaintiff applied for a family residence permit on 15/07/2015, and an appointment was scheduled for 23/07/2015. Additionally, it was noted that the O-100 restriction was imposed on 11/12/2013, with a validity of one year, making the entry ban legally invalid. Moreover, the Law No. 6458 contains no provision requiring the imposition of an entry ban on individuals whose international protection applications have been rejected. Considering these factors together, rejecting the residence permit application of the plaintiff, who is married to a Turkish citizen and has a 5-year-old child from this marriage, would result in deportation and negatively affect the child’s interests. Thus, the plaintiff meets the family residence permit requirements, and even if the requirements were not met, according to Article 42 of Law No. 6458, an humanitarian residence permit should be granted considering the child’s best interest. Consequently, the administrative act rejecting the plaintiff’s application for a family residence permit was found unlawful and annulled.

3.25 – N-82 Restriction Code: This code applies to foreign nationals whose entry is subject to special permission. These individuals must obtain prior authorization to enter the country. Article 9, paragraph 7 of Law No. 6458 constitutes the legal basis and justification for this code.

3.26 – V-69 Restriction Code: If a foreigner who has obtained a residence permit subsequently fails to meet the conditions for the permit, their residence permit is revoked, and the V-69 restriction code is applied, resulting in a five-year entry ban.

Relevant Case Law emphasizes that failure to record statements from neighbors, building administrators, and local officials during address verification renders the application of the V-69 restriction code unlawful.

Council of State, 10th Department, Decision No. 2016/2821 E., 2021/4453 K.: While it is clear that decisions such as denial of residence permits, shortening of permit durations, and deportation can be implemented for foreigners whose stay contradicts Turkish laws, customs, or administrative necessities, the case at hand involved a report dated 09/10/2013 concerning the plaintiff’s marriage investigation. The report noted that inquiries at the declared address in Güngören, Istanbul, revealed no recognition of the plaintiff or spouse. Consequently, the plaintiff’s residence permit was canceled, and a V-69 restriction code was entered. However, the report failed to include statements from the apartment manager, neighbors, caretaker, or local neighborhood administrator. Moreover, the purpose of the marriage was not clearly established. The plaintiff claimed to have lived at the address with their spouse since marriage and had a child born on 12/04/2014 who is a Turkish citizen. Considering these facts, no concrete determination indicated an impediment under Articles 7 and 19 of Law No. 5683, thus the administrative decision was rightly annulled.

3.27 – V-71 Restriction Code: Applied when the declared address for residence permits is later found to be unoccupied during inspections or reports, or when address updates are not made timely.

Relevant Case Law explains the lawful application of the V-71 restriction code when residence permit conditions are misused or necessary notifications after the termination of marriage (the basis of the permit) are not made.

Council of State, 10th Department, Decision No. 2015/4717 E., 2020/5929 K.: The plaintiff received a residence permit based on their marriage to Turkish citizen E.Ö. on 05/05/2011, conditional on residing in Bandırma. Following E.Ö.’s death on 21/07/2013, the permit became invalid. Additionally, evidence indicated the plaintiff never resided at the registered address and failed to properly notify changes, justifying the entry of V-69 (residence permit invalid) and V-71 (unknown whereabouts) restriction codes. Therefore, the administrative action was deemed lawful.

3.28 – V-70 Restriction Code: This code is applied to foreigners who engage in sham marriages to obtain residence permits. Such individuals face a five-year entry ban.

Relevant Case Law addresses an instance where allegations of a sham marriage were determined erroneous in judicial proceedings.

Council of State, 10th Department, Decision No. 2016/1634 E., 2021/4944 K.: Although the plaintiff had a V-70 restriction code entered on 02/09/2013 following a divorce lawsuit initiated on 23/08/2013, the administration failed to substantiate this claim. The plaintiff was subsequently awarded alimony. Furthermore, arguments regarding insufficient financial resources for short-term residence permit eligibility were not addressed in the original decision. Consequently, comprehensive evaluation under Law No. 6458 was necessary, and the administrative decision was invalid due to insufficient examination.

3.29 – V-77 Restriction Code: Applied to foreigners who falsely claim Ahıska Turkish descent to obtain residence permits.

Relevant Case Law underscores that applying the V-77 code is unlawful while criminal proceedings regarding false claims are ongoing, thus guilt is not yet proven.

Council of State, 10th Department, Decision No. 2015/1868 E., 2020/5932 K.: The plaintiff married a Turkish citizen on 04/04/2011, was married for over three years, and all restriction codes other than V-77 were removed. A criminal case about false claims of Ahıska Turkish descent was ongoing. The court found the plaintiff met requirements for family residence permit extension under Law No. 6458, determining the administrative rejection unlawful.

3.30 – V-84 Restriction Code: Applies when a foreigner, entering Turkey with a condition to apply for a residence permit within 10 days, fails to submit the application within this period.

Relevant Case Law finds the administration’s rejection of a residence permit application on procedural grounds incorrect, affirming the application as lawful.

Council of State, 10th Department, Decision No. 2016/594 E., 2021/4945 K.: Despite the initial administrative rejection arguing that the plaintiff needed a special annotated visa for short-term residence permit applications, the court found no legal obstacle for the plaintiff to apply within Turkey without leaving the country again, as their family residence permit was valid until 17/08/2013. Thus, the administrative decision was annulled for being legally incorrect.

As a rule, the property acquired before marriage belongs to the spouse who owns that property and the other spouse cannot have a claim on this property. For this reason, the other spouse cannot claim ownership of this property from the spouse who owns the property, but if the property in question has a return, these returns are considered acquired property as of the date of marriage and this return is subject to sharing, for example, the rental income of the house purchased before marriage is considered acquired property as of the date of marriage and the other spouse has the right to claim on this rent.

Are Properties Acquired Before Marriage Included İn The Property Regime?

According to the Civil Code, unless the parties agree otherwise, the legal property regime valid within the marriage union is the “Regime of Participation in Acquired Property”. However, this regime is only valid for the property acquired during the marriage. Property acquired before the marriage is excluded from the regime of participation in acquired property and is considered the personal property of the spouse who is the owner.

How İs The Division Of Property Made According To The Property Regime?

If the spouses have not agreed otherwise, the legal property regime “regime of participation in acquired property” will be applied. According to this regime, the assets acquired during the marriage are shared between the spouses, while the assets acquired before the marriage are considered personal property and are not included in the division.

Who Owns The House And Car Acquired Before Marriage?

If a house or a car was purchased before the marriage, the owner of this property is, as a rule, the person who appears to be the legal owner of the property. However, if the other spouse proves that he/she contributed financially to the purchase of this property, he/she can claim financial rights in proportion to the contribution.

What Happens İf The Name Of The Spouse (Who Did Not Actually Pay The Price) İs Written On The Goods Purchased Before The Marriage?

In this case, the spouse who actually paid for the purchase of the goods in question will have to prove that the ownership belongs to him/her and that he/she did not make a donation, and that this transaction, i.e. the transfer of ownership, was actually based on another reason, for example, due to a faith transaction.

Is The Rental Income of Property Acquired Before Marriage Shared?

Although the properties acquired before the marriage are considered as personal property, the rental income obtained from these properties is considered as “acquired property” within the marriage. Therefore, rental income earned during the marriage may be subject to sharing between the spouses when the property regime ends.

How İs The Division Of Property Determined By The Marriage Contract?

Spouses can determine their own property regime before or during the marriage or during the marriage with a property regime agreement before a notary public or by choosing a property regime during the marriage. Different options such as “separation of property regime”, “shared property regime” or “community of property regime” can be preferred and an agreement can be reached on how the assets will be shared.

Is it Possible for the Spouse to Claim Rights for Property Acquired Before Marriage?

As a general rule, it is not possible for the other spouse to claim rights on the property acquired before the marriage. However, if the other spouse can prove that he/she has made a significant financial contribution to the acquisition of these properties, he/she may claim a claim in proportion to his/her contribution.

Who Owns the Property Acquired Before Marriage?

Since the goods acquired before the marriage are considered as personal property, the spouse who owns the property becomes the owner of the goods in question. However, as stated above, in certain cases, a claim for compensation or contribution may be possible by evaluating the income obtained from these properties or the contributions made to the acquisition of the property.

1. Specialization and Experience

The legal profession has a broad spectrum and each lawyer has expertise in specific areas. For example, there are lawyers practicing in criminal law, contract law, commercial law, labor law or family law. In order to choose the most suitable law firm for your legal problem, you should first determine the area you need and work with a firm that specializes in this area. It is also worthwhile to investigate the law firm’s previous experience in similar cases and examine their success rate.

2. Reliability and Professionalism

The reliability of a law firm is of great importance for the healthy conduct of your legal proceedings. A trustworthy law firm has a structure that pays attention to client confidentiality, adheres to ethical rules and works transparently. In addition, it will always be more advantageous to work with an office that communicates regularly with its clients, informs them of case developments in a timely manner and acts solution-oriented with a professional approach.

3. References and Client Satisfaction

When choosing a law firm, it is important to examine the reviews and references of people who have used the law firm before. Online reviews can be useful to learn about the experiences of people who have worked with the firm. You can also get direct references from people who have used the firm before and make a decision based on their experience, which is certainly the most useful way. A law firm with a high level of client satisfaction usually has a structure that performs its work meticulously and protects the rights of its clients in the best way possible.

4. Transparency and Pricing Policy

Charging for legal services is one of the most important questions for clients. A transparent fee policy of the law firm prevents you from encountering unexpected costs during the process. You should get detailed information from the law firm about all the costs that may be incurred during the litigation process and you should also make a clear agreement on the pricing in terms of attorney fees. Clear and reasonable fees are an important criterion for choosing a reliable law firm.

5. Communication and Accessibility

Communication with your lawyer ensures that the legal process is carried out successfully. It is a great advantage if the law firm you choose is accessible and responds to your questions quickly and clearly. Legal proceedings can be stressful at times and clients may want to communicate regularly with their lawyers. A firm that is open and responsive to communication will keep you informed at every stage and help you carry out the legal process in a healthier way.

Choosing a law firm is a critical process that should be considered in order to protect your rights in the best way possible. Factors such as specialization, reliability, client satisfaction, transparent pricing policy and effective communication should play an important role in making the right decision. The law firm you choose by considering these criteria will provide you with the best support in your legal processes. Remember that choosing the right lawyer is the first and most important step in protecting your rights and achieving your goals.

What is Trademark Registration?

Trademark registration is a process that ensures the legal protection of a trademark for a certain period of time. Trademarks can be created with letters, numbers, words, shapes, colors, logos or various combinations thereof. Through trademark registration, the trademark owner obtains the exclusive right of use of the sign in question and can seek legal remedies in case of unauthorized use.

Trademark registration is carried out in Turkey by the Turkish Patent and Trademark Office (TURKPATENT). Registered trademarks are protected for 10 years and can be renewed before expiry (by filing a renewal application six months in advance) and continue to be protected indefinitely.

What are the Advantages of Trademark Registration?

– Provides Legal Protection: Trademark registration prevents unauthorized use of your trademark by third parties and provides protection against unfair competition.

– Gains Commercial Value: A registered trademark increases the market value of your business and allows you to make economic gains through transactions such as licensing and transfer.

– Provides an Official Right: A registered trademark provides legal rights to the trademark owner, giving the trademark owner the opportunity to take legal action against possible violations.

– Provides Customer Confidence: Registered trademarks create trust in the eyes of consumers and help to gain brand loyalty.

Conditions for the Registration of a Trademark

Not every trademark can be registered. In order for a trademark to be registered, it must meet certain criteria. Here are these conditions:

Distinctiveness Requirement

The trademark must be distinctive from other products or services. Generic and generic terms cannot be registered as trademarks. For example, the word “Water” cannot be registered as a trademark for a business that sells water.

Not Contrary to Law and Morals

The trademark must not contain expressions contrary to public order and public morality. Words that are offensive to the public, insulting or connoting illegal activities cannot be registered as trademarks.

Non-Descriptive Condition

The mark must not be a direct descriptor of the goods or services concerned. For example, the phrase “Delicious Ice Cream” cannot be registered as an ice cream trademark because it is a phrase that directly describes ice cream.

No Prior Registration Requirement

If a trademark has already been registered by someone else, it is not possible to re-register the same or a similar trademark. Therefore, a trademark search should be conducted prior to the application and it should be checked whether there are similar or identical trademarks.

Condition of Not Resembling the Names of Public Institutions and Organizations

The trademark cannot resemble the names of governmental institutions, flags, religious symbols or official insignia. For example, the expression “T.C. Resmi Gazete” cannot be registered as a trademark.

Trademark Registration Process

1. Preliminary Search: Before applying for registration, a trademark inquiry should be made and the existence of similar or identical trademarks should be checked.
2. Application: An online or physical application is made to the Turkish Patent and Trademark Office.
3. Examination: The authorized institution examines the application formally and legally.
4. Announcement and Opposition Process: If the application is accepted, the trademark is announced in the Official Trademark Bulletin and third parties have the right to object.
5. Registration and Issuance of Certificate: If there is no opposition or the opposition is rejected, the trademark is registered and the certificate is delivered to the trademark owner.

Trademark registration provides legal assurance by protecting the trademark rights of businesses or individuals. It is of great importance to carry out the trademark registration process and the post-registration process correctly in order to protect your trademark and prevent possible loss of rights in the future. Getting expert support for the registration and protection of your trademark will ensure that the process goes faster and smoother. You can contact us for legal consultancy services in this regard.

The modern business world puts enormous pressure on businesses with rapidly changing legislation, complex contract structures and a competitive environment. In this environment, professional legal and advisory services play a critical role in helping companies cope with legal and business challenges. In this article, we will focus on the various contributions of legal and advisory services to companies and highlight the actual importance of our law firm’s services in this area.

1. Reducing Legal Risks

Legal and advisory services help businesses identify the legal risks that may arise in the course of their operations. Companies are subject to complex legal regulations in many areas, from commercial contract structures to employee rights. By analyzing potential risks, a professional law firm can improve a company’s compliance processes and avoid potential disputes. For example, avoiding a legal error when drafting an employment or commercial contract can prevent major losses in the future.

2. Contract Preparation and Management

Contract management, which forms the core of commercial activities, is an area that requires expertise. An incorrectly or incompletely drafted contract can cause companies to suffer major financial losses. Our law firm drafts contracts that are tailor-made for its clients, comply with the law and protect the interests of the company, and also revises existing contracts to minimize potential disputes that companies may have with the counterparty.

3. Litigation Management and Legal Representation

When a dispute needs to be resolved through litigation, businesses risk losing time, money and reputation. Our law firm meticulously manages its clients’ cases from start to finish and develops strategies to achieve the most favorable outcome. Effective representation of companies before the judiciary makes a big difference in both legal and commercial terms.

4. Regulatory Compliance and Consulting

Companies must act in accordance with the legislation while conducting their activities. In particular, mistakes or omissions in areas such as labor law, tax law and competition law can lead to serious sanctions. Through our legal consultancy services, we guide companies in establishing business policies that comply with the legislation. This service prevents potential fines and increases the credibility of companies in the market.

5. Reputation Management

The reputation of companies is one of the keys to their long-term success. In the event of a legal crisis, professional advisory services play an important role in protecting a company’s public image. We help our clients minimize not only legal but also reputational risks by providing support in areas such as dispute management, media relations and crisis planning.

Importance of our services

Our law firm’s mission is not only to solve our clients’ legal problems, but also to make long-term strategic contributions to their businesses. Some of the services we offer in this direction are as follows:

– Preparation of private and commercial contracts,

– Case management and representation,

– Expert advice on labor law and commercial law

– Legal crisis management and reputation protection

– Regulatory compliance audits

The right legal and advisory services for businesses not only solve legal issues, but also act as an intermediary supporting the company’s growth and competitive strategies.

Conditions Required to Earn Severance Pay

In order to be entitled to severance pay, various conditions must be fulfilled. These conditions can be listed as follows:

1. At least One Year Seniority: The employee must have worked for the same employer for at least one year without interruption.
2. Justified Termination Status: If the employee leaves his/her job voluntarily, it must be based on justified reasons for termination (for the reasons listed in Article 24 of Law No. 4857). Reasons for justified termination include, for example, non-payment of wages, violation of occupational health and safety.
3. Retirement or Military Service: Workers who leave their jobs due to retirement or military service are also entitled to severance pay.
4. Separation due to Marriage: Female workers can claim severance pay if they voluntarily quit their jobs for this reason within one year from the date of marriage.
5. Unfair or Valid Termination: The right to severance pay also arises if the employer dismisses the employee unfairly or dismisses the employee for valid reasons.

Severance Pay Calculation Methods

Severance pay is calculated on the basis of the employee’s last dressed gross salary. Below, the calculation process is explained step by step:

1. Determining the Last Gross Wage: The calculation of severance pay is based on the last gross wage of the employee. In addition to the net wage, the gross wage also includes bonuses and allowances such as travel and meal payments.
2. Amount of Seniority-based Compensation: For each year of employment, a severance payment equal to one month’s gross wage is paid.
3. Ceiling Amount: Severance pay cannot exceed the annual ceiling amount. This ceiling amount is determined and announced by the government every year. For the first six months of 2025, this amount is 46,655.43TL. In other words, even if a worker receives a salary of 100,000 TL, he/she may be entitled to 46,655.43 TL severance pay for one year of seniority.

Example: If a worker’s last dressed gross wage is 40,000 TL and he has worked for 10 years and 6 months so far, his total severance pay will be 420,000 TL (40,000 TL x 10 x 6/12).

Click here to access our Severance Pay Calculation Robot.

Severance Pay and Methods to Protect the Rights of the Worker

Severance pay is one of the most fundamental rights of the worker and the following steps can be taken to protect this right:

1. Reviewing the Separation Process: In case of termination of the employment contract, the working process and the conditions of separation should be carefully examined, and all rights of the employee, including the possibility of benefiting from the job security provisions, i.e. the possibility of a reinstatement lawsuit, should be carefully determined.
2. Seeking Legal Advice: Getting support from a Labor Law Specialist Lawyer ensures that you protect your rights in the best way possible. It prevents loss of rights that may arise from lack of legal knowledge.
3. Filing a Lawsuit: In cases where severance pay is not paid, first of all, mandatory mediation should be applied and in case of disagreement, the judicial remedy should be applied.
4. Keeping Documents and Papers: Keeping documents such as payslips, employment contracts and working documents (such as work shift schedules) makes it easier for you to make a claim.

Severance pay is critical for workers to be compensated for their labor and to have economic security. In order to protect your legal rights, it is very important to get professional legal assistance, access the right information and follow the legal processes meticulously. Our Law Firm assists you with all your questions and needs regarding severance pay and labor law.

Scope of Corporate Law

Company law covers the following main topics:

1. Company Establishment:

• • Determination of the type of company (joint stock, limited liability, cooperative, etc.) and its structure.
  • Drafting the articles of association.
  • Registration with the trade registry.

2. Management and Organization:

• • Rights of partners and shareholders.
  • Appointment of the board of directors and managers.

3. Financial Obligations:

• • Tax returns and accounting records.
  • Fulfillment of capital commitments.

4. Business Activities:

• • Contracts and commercial transactions.
  • Compliance with competition law and consumer rights.

5. Dissolution and Liquidation:

• • Closing and liquidation of the company.
  • Legal Obligations and Rules to be followed

Companies must comply with the legal regulations of the country in which they operate.

In general terms, the main legal obligations to be considered are as follows:

1. Tax and Accounting Obligations:

• • Timely filing of income, corporate and VAT returns.
  • Compliance with tax procedural laws.

2. Employee Rights and Social Security Obligations:

• • Compliance with labor law legislation.
  • Conducting activities in accordance with social security law.

3. Commercial Registry and Documents:

• • Keeping commercial documents in accordance with the law.
  • Conducting general assembly and board of directors meetings in accordance with the legislation.

4. Compliance and Audit:

• • Compliance with laws specific to the sector in which the company operates.
  • Be prepared for audits.
  • Solutions to Mitigate Legal Risks

Solutions to Reduce Legal Risks

• Seek Professional Advice : Support from a specialized law firm is critical for legal compliance and risk management.
• Follow Legal Changes: Make your company always advantageous by following the updates in the legislation with an expert.
• Implement Training Programs: Provide informative trainings to managers and employees on legal obligations.

Corporate law and legal obligations are indispensable for the successful management and continuity of a company. With the right information and expert support, you can reduce your legal risks and make your company stronger. You can contact us for your legal issues and get support from our expert team.

An employment lawyer is a specialized legal professional who focuses on resolving legal disputes arising from the working life of employees and employers. In particular, they play an important role in determining, implementing and supervising rights and obligations under Labor Law. Employment lawyers provide consultancy and representation services to protect the legal rights of both employees and employers and to take a preventive role against problems that may arise and to find solutions to existing problems.

Main Responsibilities of Labor Lawyers

• Labor Contracts: The employment lawyer provides support in the preparation of employment contracts to be signed between the employee and the employer. In these contracts, the rights and obligations of the parties are determined and clarified in accordance with the law.
• Injustice and Disputes: It resolves legal disputes on issues such as unfair termination, salary receivables, mobbing, overtime by negotiating with the parties or by resorting to legal remedies when necessary.
• Compensation Cases: Acting as an attorney in cases such as severance and notice pay, he ensures that his clients receive their rights.
• Trade Union Rights: Acts as counsel and gives opinions on unionization, collective bargaining agreements and strike rights.
• Advisory Services: Provides guidance for employers on legal compliance and ensuring that working conditions comply with legal regulations.

In Which Situations Should a Labor Lawyer Help?

In Case of Wrongful Termination:

If the termination made by the employer when you are unemployed as a worker is not in accordance with the law, you can seek your rights by contacting an employment lawyer.

Wage and Overtime Pay Claims:

You can collect your receivables with the help of an employment lawyer for your unpaid salaries, premiums, bonuses or overtime wages.

Mobbing or Psychological Harassment:

You can get legal support for psychological pressure or mobbing that you have been subjected to in the work environment.

Severance and Notice Pay:

You can benefit from the expertise of a labor lawyer in the calculation and collection of the compensation you deserve in case of resignation or dismissal.

Collective Labor Agreements and Trade Union Rights:

You can apply to an employment lawyer for legal problems in your union activities or for advice on collective bargaining agreements.

Work Accidents and Occupational Diseases:

Legal support should be sought for compensation for damages arising from work accidents or occupational diseases.

Performance Evaluation and Warnings:

If you believe that you have received an unfairly low performance evaluation or disciplinary action, you can seek legal advice from an employment lawyer.

An employment lawyer is an important support mechanism for both employees and employers in the complex legal structure of business life. It is always beneficial to seek professional help from an employment lawyer to protect your legal rights and ensure a fair working environment.

A lawsuit for moral damages is a lawsuit filed in order to compensate for the distress, pain, sorrow and similar moral damages suffered by a person in the event that his/her personal rights are damaged as a result of an unfair act.
This lawsuit is intended to compensate the moral peace, psychological balance and deterioration in the social life of the injured person and to provide moral satisfaction. The relevant regulation is available in Article 58 of the Turkish Code of Obligations (TCO).

1-Who can file a lawsuit for moral damages?

1.1-Personal Rights Damaged:

If a person’s personal values such as honor, dignity and spiritual peace have been damaged, he/she may claim moral damages.

1.2 – Those whose relatives are harmed:

For example, in the event of the death of a relative, if the conditions are met, those who are deprived of support and their relatives may claim moral compensation.

2-In which cases can a lawsuit for moral damages be filed?

In order to file a lawsuit for moral damages, the following conditions must coexist:

•  I. Wrongful Act: The perpetrator must have committed an unlawful act.
•  II. Damage: The injured party must have suffered psychological, social or moral damage.
• III. Causal Link: There must be a causal link between the wrongful act and the damage.
• IV. Fault: It must be proven that the defendant is at fault. However, in some cases, strict liability may also apply. For example, the liability of the employer is one of the cases of strict liability.

B- How To File A Lawsuit For Non-Pecuniary Damages?

1-Authorized and Competent Court:

Duty;
The lawsuits for moral damages are filed in the Civil Court of First Instance, which is the competent court, but in some cases, the competent court may change according to the court where the financial compensation will be heard, for example, the request for moral damages arising from an occupational accident is heard in the labor court that deals with financial compensation.

Jurisdiction
In terms of jurisdiction, the court at the residence address of the defendant, which is the general competent court, or the court where the wrongful act occurred in accordance with the special jurisdiction regulation is authorized.

2-Preparing a Statement of Claim:

In the petition, the identity information of the plaintiff, the identity information of the defendant, the detailed description of the tort, the defect, the causal link explanation and the amount of compensation requested should be specified. The amount should be determined with the help of an expert jurist, as moral damages cannot be increased later and reform is not possible.

Concrete evidence and justifications regarding the moral damage should also be included in the petition.

3-Payment of Fees and Expenses:

The plaintiff must pay the court fees (application fee and advance fee) and costs (advance on expenses) required for the filing of the lawsuit.

4-Presentation of Evidence:

The plaintiff (the injured party) must submit the evidence that he/she has suffered damage with the petition or within the period given by the court. Any lawful evidence such as doctor’s reports, witness statements, expert reports on psychological effects or photographs can be submitted as evidence.

5-Court Process:

After hearing the parties and evaluating the evidence, the court determines the amount of non-pecuniary damages. This amount is assessed according to the magnitude of the damage, the gravity of the event and the financial situation of the parties.

6-Time Limitation Period for Non-Pecuniary Damages

The statute of limitations for moral damages is 2 years from the date of knowledge of the wrongful act and in any event 10 years from the date of the commission of the act. However, if the damaging act also constitutes a criminal offense (e.g. plunder), the statute of limitations is extended subject to the criminal statute of limitations applicable to the offense.

An action for damages is an important legal remedy to restore the injured party’s peace of mind and, at the very least, to formally establish his or her rightfulness before the law. In order to obtain a positive result from a lawsuit for moral damages, it is important that the tort, damage, fault and causal link are well explained legally and proven with concrete evidence. Getting professional support from a lawyer will make a great contribution to finalizing the case in the desired manner.