Legal Hukuk Dergisi, Year 2023 Issue 243 (MART)

CONFIRMED FAX IN THE CONTEXT OF THE ARTICLE 14 OF THE TURKISH CODE OF OBLIGATIONS

şebnem nebioğlu öner — 2024-08-29

It is stated that texts that can be sent by fax or similar communication tools or by secure electronic signature will also replace written form, provided that they are confirmed in Article 14 of the Turkish Code of Obligations. This is a new regulation regarding the written form. The said regulation is important in terms of substantive law by creating a signature substitute. Confirmed fax has an impact on procedural law in the context of evidence feature.

Examination of the Legal Value, Subjective Elements and the Element of Unlawfulness Protected in the Crime of Slander

Rezan EPÖZDEMİR — 2024-08-29

267 of the Turkish Penal Code No. 5237. it is under the regulation that the person who has filed a report or complaint with the purpose of starting an investigation and prosecution or enforcing administrative sanctions against anyone who is not known to have committed a crime shall be punished by the press and the publication and by the contrary to the law. In order for the crime to find a subut, the mufteri must act on the victim knowing that he did not commit a crime and to initiate an investigation and prosecution. The element of deliberate action shows that the offense can only be committed directly by caste, while the element of action to start investigation and prosecution of the victim, or to enforce an administrative sanctions, indicates that the offense was specifically intentioned in terms of subutu. The interests and attributes that are infringed on the crime constitute the protection of the court order and the dignity of the individual in the form of crime. The actual protected legal value is the court's order in terms of the basic state of crime. The original legal value protected in the third paragraph envisioned by the real law of conduct and their aggravated state due to the result of the crime is the dignity and dignity of the individual. The libel crime is closely related to the right to a constitutional guarantee of petition, the right to claim and defense, freedom of thought and expression, the right to inform, the right to report and the right to complain. The legislator has emphasized that the limits of these rights must be exceeded in order for the libel crime to be subuterized, and determined that the intent of slander will only occur if these rights are outside the protection zone and acted for the purpose foreseen in the type of crime. In our study, the legal value protected by slander crime will be examined in light of the moral element of crime and the opinion of the elements of the illegal element of law and the judgment of the Court of Appeals, and the nature of the slander and the effect of this nature on the purposes of the error of this nature and the reasons for conformity of the law shall be established.

TURKEY’S SINE QUA NON BENEFIT IN PROTECTING SYRIA’S UNITARIAN STRUCTURE

Nuray Ekşi — 2024-08-29

In this study, we first attempt to identify the main actors in the Syrian civil war. We then explain the decisions taken by the UN bodies regarding Syria since 2011, as well as the missions of the ‘Commission’ and ‘Mechanism’ established by the UN organs. The sanctions imposed by the US and the European Union will briefly be summarised. Based on the principle of “universal jurisdiction”, some national courts have tried war crimes, crimes against humanity and crimes against peace committed by the actors involved in the Syrian civil war and sentenced the perpetrators. In this study, we cite certain examples of these cases. Security cooperation and counter-terrorism agreements between Turkey and Syria from 1998 to 2011, Adana, Sochi and Astana Pacts, Turkey’s military operations in Syria and the legal basis for these operations under international law are also briefly evaluated. Two specific issues will be discussed under the title of the importance of preserving the unitary structure of Syria, namely, that the preservation of the territorial integrity and unity of Syria is an obligation arising from international treaties, and essential element of international security and politics. The ends with the conclusion part, summarizing our comments and evaluations on the necessity for Turkey of protecting Syria’s unitary structure and territorial integrity.

“THE JUVENILE PUSHED TO CRIME” WITHIN THE FRAMEWORK OF ADMINISTRATIVE JURISDICTION DECISIONS

SEZİN ÖZTOPRAK — 2024-08-29

ABSTRACT In the modern state, the juvenile pushed to crime is considered to be the injured party of the crime he/she has committed, even though he/she has committed an act that is stamped as crime. The principle of protecting the child, which is valid for all children, becomes more important for the juvenile pushed to crime The juvenile pushed to crime must be protected by reintegrating into society. At this point, the activities of the administration and the administrative jurisdiction decisions have an important role. In Turkey, especially the United Nations Convention on the Rights of the Child and also other legislation provisions require this. In this study, the juvenile pushed to crime will be examined in the way it has been addressed in administrative jurisdiction decisions and by pointing out how it should be addressed.