LAW, JUSTICE and the LEGAL SYSTEM in TURKEY

The Republic of Turkey is a democratic, secular and unitary state. As with all democratic countries, the government is decided by elections in Turkey. The government regime is a republic, and it ensures the principle of separation of powers has been adopted.

In this system, the basic constitutional organs of the state are the legislature, the executive and the judiciary. Parliament exercises legislative power through its elected members. The legislative arm has the power to make laws. Legislative power is assigned to Parliament by the Constitution. The executive arm enforces the laws enacted by the parliament and the presidential decrees.

Independent courts and higher judicial bodies execute the judicial power in Turkey. Everyone is equal before the laws and has the right to legal remedies. The judicial branch has two sub-branches: judicial and administrative. 

Turkey has done comprehensive reforms in the judiciary, particularly in recent years. Among these reforms, there are essential amendments regarding the Constitution and fundamental laws and a series of judicial reform packages introduced to speed up the trial period. Thanks to these amendments; independence and impartiality of judiciary have become more secure and functioning of high judiciary has gained momentum, fundamental rights and freedom have been strengthened.

The judicial power in Turkey  is exercised by independent courts  and higher judicial bodies. 

Legal Order in Turkey

The Republic of Turkey is a state governed by the rule of law. The laws apply equally to all, irrespective of language, race, colour, sex, political views, philosophical beliefs, religion, denomination, etc. The written provisions of law consist of the Constitution, Acts, Statutes, Regulations, Directives, Communiqués and other regulatory procedures. In addition, properly implemented international conventions have legal effect.

Turkey’s legal system recognises many rights of the individual. However, individuals do not have unlimited freedom in exercising these rights. While enjoying their acquired rights, they must be mindful of the rules that restrict those rights and act within the limits of those restrictions. For example, you can do whatever you want at home, but you must not make noise that might disturb your neighbours. Individuals may use their property however they want but not against the rules of morality. Individuals must use their rights in a manner of respect to others and social life.

Fundamental Values of Turkish Legal Order

Turkey is one of the leading countries that has taken significant steps to protect individuals’ fundamental rights and liberties. While integrating the domestic legal system with international conventions and supervisory mechanisms to improve fundamental rights and    freedoms, Turkey has also made reforms to provide its citizens with broad rights and liberties under the principle of “equal citizenship.” Democratization and reforms in fundamental rights, liberties, and human rights have gained considerable momentum since the 2000s.  Fundamental rights and freedoms apply to everyone, including individuals’ duties and responsibilities toward society, their families, and others. 

The fundamental principles of the legal system in Turkey are as follows;

• Every person is equal before the law as determined by the Legal System in Turkey. 
• Everyone has the right to live, preserve, and develop their material and moral assets as stated in the constitution. 
• No one can be forced to work.
• Every person has personal freedom and security. 
• Every person has the right to demand respect for their private life and family affairs. The right to privacy is guaranteed. 
• Immunity of domicile is applicable. 
• Every person has the freedom of communication and speech. 
• Every person has the freedom of settlement and travel. 
• Every person has the freedom of faith and thought. 
• For any reason, no one can be forced to express their ideas. 
• Every person has the right to express their ideas individually or collectively by verbal, written, visual, or other means. 
• The press is free and shall not be censored. 
• Every person has the freedom to establish, join or leave an association without prior permission. 
• Everyone has the right to education. 
• Every person has the right to work and contract in any field they wish. 
• No one can be employed in a job that does not match their age, gender, or strength.

Reforms have been made to provide citizens with broad rights and liberties under the principle of “equal citizenship.”

Notarial Processes

Notaries in Turkey are official bodies affiliated with the state, notaries make documents official and attest to the validity of specific processes. 

When applying formal procedures, you may need to consult a notary at an organization’s request or for assurance of certain unofficial procedures. In addition, certain operations can only be done in the presence of a notary. These procedures are as follows; 

• The Notary issues power of attornies (giving an authority of representation)
• Sales of vehicles 
• Attestation of translated documents 
• Attestation of commercial and financial books 
• Sales agreements 
• Authorization and issue of a signatory circular
• Sending a warning or a notice of intent
• Drafting an incident report 
• Issuing a pledge 
• Escrow acceptance and keeping procedures 
• Attestation of dates, signs, and seals on unofficial documents 

All Notarial procedures are charged.

How to Issue a Power of Attorney in Turkey

Turkish citizens and foreign nationals can issue a power of attorney in a notary in Turkey. 

We can accompany you to the notary if needed.

Requirements; it depends on what kind of authorization will be given or obtained by the notary with the Power of Attorney. 

• Make an appointment before you go to the Notary
• A sworn Interpreter has to be present when you request a Power of Attorney
• Translated copy of your Passport and your actual Passport
• Photos may be required

How to Issue a Power of Attorney in foreign countries:

Question: How do you get a notarized document abroad?

Notarizing officers at any Embassy of the Turkish Republic or Consulate of the Turkish Republic abroad can provide a service similar to the functions of a notary in Turkey. It is also possible to have a document notarized by a domestic notary of the foreign country and then have the document authenticated for use in Turkey. This is a simple process in countries that are party to the Hague Apostille Convention.

According to International Laws and Regulations, both Consulates of the Turkish Republic and Foreign Notaries have the authority to issue Power of Attorneys to use in Turkey.         

Getting a Power of Attorney at Consulates of the Republic of Turkey:

Consulates of the Republic of Turkey can issue all sorts of Power of Attornies. Turkish consulates abroad also carry out notary duties. Foreign citizens can attain any Power of Attorney from any Turkish Consulate in other countries.

Requirements; It is the same as the notaries in Turkey. It depends on the type of authorization given or obtained by the notary with the Power of Attorney. Before you go to the consulate, we will guide you.

• Make an appointment before you go to the Notary
• A sworn Interpreter has to be present when you request a Power of Attorney
• Translated copy of your Passport and your actual Passport
• Photos may be required.

Getting a Power of Attorney at a Foreign Country Notary:   

Question: Can I use a Power of Attorney, issued by a Notary of a foreign country?

All sorts of Power of Attorneys can be given in foreign countries that are valid for use in Turkey.

Power of Attorney issued in a Foreign Country Notary must meet the following requirements to be valid in Turkey:

• It must be written in the country’s official language where it is issued, containing the photo of the person concerned.
• It must contain an “Apostille” under the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Hague Convention). Or it must be certified by the Turkish Consulate in the country where the notary issuing the POA is located.
• It must contain authorization for the requested transaction. 

It must be submitted to the Land Registry Directorate together with its notarized Turkish translation.

For detailed information it would be best to contact us so we have details of your requirements.