HLaw is the set of rules regulated by the
cultural accumulation of society. Justice is a
concept that extends from the past to the future
and maintains its validity in every field for
centuries. Justice in the economy, justice in
the distribution of income, justice in the
collection of justice, justice in wage, justice
in love, justice in the right search,
inter-regional justice, justice in development,
justice in competition, such as the title of
justice can be gathered under the title of many
more concepts. In our opinion, all these
concepts should be considered under the title of
"Justice in Law"; in a way we didn't get used
to.
Isn't the concept of uz efficiency duy much more
related to employment, competition, economic
growth, social welfare, balanced, fair and
continuous development that we often hear in
today's world?
"Productivity increase is the most positive
factor in terms of developing a country's
development, growth and living standards (x)".
Is it possible not to participate in this
determination of Halit Suiçmez? Everything is
about where we look at what happened. But they
come to life with a set of norms and norms. If
the norms do not meet the age, do not respond to
the cultural accumulation, if the staff applying
is not free of emotional intelligence and is not
neutral, the end of the road to the goal is
unfortunately dispersed and disengaged. In fact,
the law with the most rude, societies in the
process of nationalization, the resulting
realization of the value of values in writing
and not transferred to the future?
The legal regulations implemented with the EU
Harmonization Laws following the liberalization
policies that started with the Izmir I.
Economics Congress! How much is accepted in
society? Legislative organ is our Turkey three
times in the Grand National Assembly '1
"starting number of laws with a thousand reasons
today" 3 " times are expressed. In Western
democracies, unlike living norms of law in our
country increased regulations of the Criminal
Law fully private law regulations are
increasing. High-Judicial Punishment Why is the
number of apartments facing the law less than
democratic countries?
"How does all this have to do with the
efficiency-law plane?" question must be asked.
Because of our mek result-oriented mak nature as
a society, someone is thinking and deciding on
our behalf, and it is up to us to follow or talk
about what is happening. In this context,
"Capital-Business-Productivity-Profitability"
equation is a result. This equation is the most
important reason for the current global economic
collapse. Why is that? Because you cannot
establish justice with an understanding that
does not have the concept of "right". You grow,
you grow stronger, but when you think you're
strong, you can't see your weakest. Most
businesses fail to sell goods and services that
they cannot produce or produce, but are bankrupt
because they are in a shortage of cash. One
consequence of the global economy on the Rights
of the distributional and imposed on behalf of
Turkey fit into the world economy "lowering
labor costs" activities, the exit from the
crisis if it is presented as a single
prescription. The "spending campaigns" in the
West and in our country are well known. However,
they could not pass the wound more than salt.
Here, the concepts of law and efficiency make
itself felt here. Is productivity,
profitability, or fair share? Citizens or
businesses, everyone complains about the wheel
of justice! At the point of solution of the
problem, the number of people who do their part
is too small to count.
Here the terms law and efficiency are
noticeable. Is productivity, profitability or
fair share? Citizen or business, everyone
complains about the wheel of justice! At the
time of solving the problem, the number of
people doing their part is too small to count.
The parties often remember the law if they
violate the rules and immediately breathe in the
courts. Imagine a country where almost half of
its citizens are between full-fledgedness or in
court, that is, seeking justice.
This is the need for efficiency in law. By
concluding the case as soon as possible and
without disturbing the conscience of the parties
and the public, justice will be ensured. It
should not be forgotten that delayed justice is
not justice. However, it should be remembered
that the provision should be really fair. In
other words, the rulers must be judged without
being subject to neutral, law, general morality
or pressure.
For this purpose, "alternative dispute paths"
resulting from Anglo-Saxon culture are tried to
be applied in our country. However, the desired
productivity level can be reached by developing
and arranging the applications that have been
designed by our own culture. The "National
Judicial Network Project (UYAP)" has already
been implemented for this purpose. Project
implementation. However, the project that is
being implemented to produce solutions has
become a problem.
Today, the courts work as a secretariat of the
parties. Unfortunately, lawyers are an integral
part of the system in the judicial system. The
workload of the courts is known. Like UYAP,
there are efforts such as alternative dispute
resolution. But the cultural texture does not
allow these applications to get much results. On
the other hand, arbitration, which is a dispute
establishment, does not reach the desired
result. In order to eliminate the shortcomings
of such arrangements, which have an absolute
success in time, parallel planning should be
made with a transition period in order to
improve the current situation.
To give a few examples; In order to improve the
situation, citizenship number and implementation
of UYAP should be implemented urgently.
Arrangements should be made to ensure that
notification addresses are made compatible with
the addresses in the UYAP database and that
notifications are made to these addresses.
Although there are some recent studies,
unfortunately, it is inadequate and each new
application constitutes a new problem. The
remittance system in the administrative
judiciary should also be applied in judicial
jurisdiction; thus, the unnecessary work of the
courts and items should be avoided. The lawyer
should collect documents and information. The
confirmation of the surrogates that the attorney
approves in the capacity of attorney should give
up the practice of the court and the side of the
claiming party should be opened. Because the Tax
Legislation and the Banking Law take shelter
behind the concept of un secret un, it prevents
the access to documents and information.
HUMK regulation should be applied by judges and
this arrangement should be implemented
especially in all courts, all the evidence
before the hearing is opened, all the evidence
of the plaintiff and all the evidence against
the counterparty until the first hearing day.
Although the new Law No. 6100 HMK regulates this
issue, the courts that continue their habits
unfortunately do not apply enough rules.
Considering what happened in the judicial
notification institution; The application which
causes the notifications shown to be ir none mel
should become absolute implementation with the
application of citizenship number. The
application of the m celals penalty uyar in the
HUMK should be adapted to the fact that some
costs are also charged to the winner. Public
relations training should be provided to the pen
staff. The solicitor is not a law practice; In
particular, incentives should be introduced in
order to obtain legal consultancy services
together with the financial advisors of the
companies. I Preventive Advocacy leyici should
be defined in this regard. In order to act in
accordance with the law before experiencing the
problem instead of applying to the law after the
problem arises, the Law Profession should become
a guiding profession. Considering what is
happening in the judicial reporting body; The
application, which causes notifications not
allowed to be notified, should become an
absolute practice with the application for
citizenship number. The implementation of
penalties in HMK should be adapted to the fact
that some costs must be paid to the winner.
Public relations training should be provided to
the pen staff. The solicitor is not a law
practice; In particular, incentives should be
introduced in order to obtain legal consultancy
services together with the financial advisors of
the companies. In this case, "Preventing
Lawyers" should be defined. In order to act in
accordance with the law before experiencing the
problem instead of applying to the law after the
problem arises, the Law Profession should become
a guiding profession.
Such arrangements will pave the way for solving
the problems at the source, improve the
functioning of the justice mechanism, ensure
that justice is rendered in a timely manner and
in a way that will not disturb the public
conscience. Lawyer Dursun Yassıkaya
Att. Dursun Yassıkaya
Dr. Suicmez, Halit, MPM Publications, No. 707,
Ankara 2009
(This article has been published in the Ministry
of Industry and Technology Key Journal)
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