LAW, JUSTICE and the LEGAL SYSTEM in TURKEY

Turkey is a nation that operates under a robust republican regime, characterized by democratic, secular, and unitary principles. The government is determined through free and fair elections, as is the norm in all democratic countries. The principle of the separation of powers is firmly established, ensuring the accountability and transparency of the government.

Turkey boasts a robust system of governance, with the legislative, executive, and judicial organs forming the bedrock of its democratic framework. The elected members of Parliament have immense power in enacting laws assigned by the Constitution, while the executive branch enforces them. The judicial branch, comprising independent courts and higher judicial bodies, upholds the right to legal remedies for all, ensuring fairness and equality before the law.

In recent years, Turkey has undertaken bold and comprehensive reforms to strengthen the judiciary. These reforms involve critical amendments to the Constitution and fundamental laws, coupled with a series of judicial reform packages aimed at expediting the trial period. The result has been a judiciary that is more independent, impartial, and efficient, with the high judiciary functioning more effectively. These reforms have also bolstered fundamental rights and freedoms, solidifying Turkey’s position as a beacon of democratic governance in the region.

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

Legal Order in Turkey

Turkey is governed by the rule of law, treating all individuals equally. Written provisions of law are implemented with utmost care. The legal system recognizes various individual rights but there are limitations to exercising these rights. It is important to be aware of the rules that restrict these rights and to act within the confines of such restrictions.

Fundamental Values of Turkish Legal Order

Turkey has taken substantial measures to safeguard the fundamental rights and liberties of its citizens. The legal system of the country is aligned with international conventions and oversight mechanisms, which ensures a robust framework for enhancing these rights and freedoms. Turkey has implemented various reforms that prioritize “equal citizenship,” granting expansive rights and liberties to all its citizens. In recent years, there has been a significant degree of momentum in democratization and reforms related to fundamental rights, liberties, and human rights. These rights and freedoms apply to everyone, and it is the responsibility of individuals to uphold them in their interactions with society, their families, and others.

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

• The legal system in Turkey ensures equality before the law for every individual.
• According to the Constitution, everyone has the right to live, preserve, and develop their material and moral assets.
• No one can be compelled to work, and every person is entitled to personal freedom and security.
• Every individual has the right to demand respect for their private life and family affairs, with the right to privacy being guaranteed. The immunity of domicile is applicable.
• Freedom of communication and speech is granted to every person, along with the freedom to settle and travel.
• The freedom of faith and thought is a right held by every individual, and no one can be forced to express their ideas for any reason.
• The right to express ideas, whether individually or collectively and through various means such as verbal, written, or visual, is granted to every person.
• The press is free and will not face censorship, and individuals have the freedom to establish, join, or leave an association without prior permission.
• The right to education is upheld for everyone, and every person has the right to work and engage in contracts in any field of their choosing.
• 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 more information, please contact us with specific details about your requirements.