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The 9th judicial package has been approved by the Turkish Grand National Assembly.

The 9th judicial package has been approved by the Turkish Grand National Assembly.

07.11.2024 20:50

The bill known to the public as the "9th Judicial Package," titled "Proposal for a Law Amending Certain Laws," has been approved by the General Assembly of the Grand National Assembly of Turkey (TBMM).

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The bill known to the public as the "9th Judicial Package," which proposes amendments to certain laws, has been accepted by the General Assembly of the Turkish Grand National Assembly and has become law.



With the law, amendments are made to the Enforcement and Bankruptcy Law. Accordingly, the difference between bids in sales conducted by open auction in electronic environments cannot be less than five per thousand of the estimated value of the goods being sold and in any case, less than 1000 Turkish liras.



If a new bid is made within the last 10 minutes of the auction period, the auction will be extended by 3 minutes. If a new bid is made during the extension period, the auction period will be extended by 3 minutes from the time of each new bid. If no new bid is made during the last extension period, the goods will be awarded to the highest bidder. The total duration of extensions cannot exceed one hour. The one-hour period can be shortened, extended, or canceled by the decision of the Ministry of Justice, and these decisions will be announced on the Ministry's official website.



The provision stating that the parts of the determined limits that do not exceed 10 Turkish liras will not be taken into account as a result of the increase in the revaluation rate in monetary limits has been changed to state that the parts not exceeding 1000 Turkish liras will not be taken into account. The fractional part of the monetary figure determined as a result of revaluation that does not exceed 1000 liras will not be taken into account.



The increase in the monetary limit applied in the appeal and cassation legal remedies due to revaluation will not be applied to the decisions made again following the cancellation of the regional administrative court or the reversal decisions of the Court of Cassation; the monetary limits valid on the date of the first decision will be taken as the basis.



In accordance with the Constitutional Court's annulment decision, amendments are being made to the Attorneyship Law. Accordingly, in the distribution of the judicial aid payment among bar associations, in provinces with more than one bar association, 30% of the total points to be determined for every 5,000 population will be distributed equally among the bar associations in that province, while the remainder will be distributed based on the multiplication of the number of members of each bar association by the figure obtained after dividing the remaining amount by the total number of lawyers registered in that province.



THE NUMBER OF QUESTIONS IN THE LAWYER PROFESSION ENTRANCE EXAM WILL BE INCREASED



New areas such as "international law," "international private law," and "general public law and social security law" will be added to the subjects of the Lawyer Profession Entrance Exam and the Administrative Jurisdiction Preliminary Exam. If necessary, new areas of law may be added to these subjects by regulation.



The number of questions in the Lawyer Profession Entrance Exam and the Administrative Jurisdiction Preliminary Exam will be increased from 100 to 120. The addition of new areas to the exams and other matters related to the conduct of the exams will be regulated by a regulation issued by the Ministry of Justice, taking into account the opinions of the Judges and Prosecutors Council, the Higher Education Council, the Measurement, Selection and Placement Center Presidency, the Turkish Bar Association, and the Turkish Notaries Union.



The monetary limits in Article 7 of the Law on the Establishment and Duties of Regional Administrative Courts, Administrative Courts, and Tax Courts regarding cases to be resolved by a single judge will be increased annually, based on the revaluation rate determined and announced in accordance with the relevant provisions of the Tax Procedure Law for the previous year, effective from the beginning of the calendar year. In determining the cases to be resolved by a single judge, the monetary limit on the date of the case will be taken as the basis, and in cases where the amount has been increased, the monetary limit on the date of the increase will be considered.



With the amendment to the Judges and Prosecutors Law, the duties and powers of justice inspectors will be determined.



SALE OF VEHICLES NOT COLLECTED BY OWNERS IN IMPOUND LOTS



With the amendment to the Highway Traffic Law, the sale procedure for vehicles that are impounded due to being found or seized from traffic according to the provisions of the law and not collected or sought by their owners within 6 months is being redefined. The relevant institutions will be notified about the sale of these vehicles regarding the annotations such as unsellable, non-transferable, seizure, precautionary seizure, and pledge in the registry of these vehicles, and the sale process will begin; all annotations on the vehicles will be considered lifted without any further action from the date of sale, and if there are registration records, they will be corrected accordingly.



If the chassis or engine serial numbers necessary for the identification of the vehicle to be processed are missing or have fallen off, or if they have been erased or destroyed for reasons such as repair or modification, these deficiencies will be completed by the institution conducting the sale process in accordance with the relevant legislation, and the vehicle will be made ready for sale. The annotations such as seizure, precautionary seizure, and pledge in the registration record of the vehicle will continue on the sale price after the sale. Any debts of the vehicle subject to sale, such as taxes, fines, or premiums, will belong to the previous owner, and ownership will pass to the relevant party free of all debts and encumbrances.



From the amount paid into the file for the sale, after the expenses incurred for storage and sale, the expenses for identifying and completing the numbers necessary for the identification of the vehicle, and the receivables arising from the property such as taxes, fees, or charges have been paid, if the remaining amount covers the claims of all creditors, it will be distributed to the entitled parties in accordance with the Law on the Collection of Public Receivables and the provisions of the Enforcement and Bankruptcy Law, and if there is a remaining amount, this amount will be preserved; it will be invested in public banks and will be paid to the entitled parties along with the interest within 5 years from the date of sale upon application. If there is no application within 5 years, the said amounts will be recorded as revenue for the Treasury.



From the amount paid into the file for the sale, after the expenses incurred for storage and sale, the expenses for identifying and completing the numbers necessary for the identification of the vehicle, and the receivables arising from the property such as taxes, fees, or charges have been paid, if the remaining amount does not cover the claims of all creditors, it will be sent to the relevant institution for the preparation of a priority list.



Details are coming...



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