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Şeref ŞahinAVUKAT

Frequently asked questions

What people most often want to know before working with a lawyer.

How does the first consultation work?

You can book an appointment by phone, WhatsApp or the contact form. The meeting can take place at our office or online. Bringing any notifications, decisions and contracts you have speeds up the assessment.

How are legal fees set?

The fee is agreed in a written contract based on the nature of the work and the effort involved, and it cannot be lower than the Minimum Attorney Fee Tariff published by the Union of Turkish Bar Associations. Court costs are separate from the fee.

How do I give a power of attorney?

A power of attorney can be issued at any notary in Turkey. If you live abroad, you can grant it at a Turkish consulate or through a foreign notarial document with an apostille.

How can I find out the status of my case?

The client is informed of significant developments. You can also view your case yourself by logging into the UYAP Citizen Portal through e-Devlet (e-Government).

I live outside Turkey. Can you work with me?

Yes. Meetings can be held online and documents received electronically. Communication is possible in English, German, Russian and Arabic.

Does the information on this site replace legal advice?

No. The content on this site is for general information only. Every case has its own circumstances; for your specific situation, you need to speak to your lawyer.

Military law

Do military courts still exist in Turkey?

No. The 2017 constitutional amendment abolished military courts except in time of war. Administrative disputes of military personnel are heard by the administrative courts, and military offences by the ordinary criminal courts.

I was dismissed because of a medical report. What can I do?

You can file a case in the administrative courts against the report and the decision based on it. If necessary, the court may ask an independent medical institution for an expert examination. The deadline starts from notification of the dismissal decision.

Which courts try military offences?

The Military Penal Code is still in force; offences under it are now tried by the criminal courts of first instance and the high criminal courts.

My contract was terminated. Can I claim compensation?

If the termination was unlawful, a full remedy claim for lost salary and employment rights can be filed together with the annulment action. The grounds and procedure of the termination must be examined separately in each case.

Criminal law

I have been summoned to give a statement. Is it a problem if I go without a lawyer?

Giving a statement without a lawyer is not prohibited, but your statement is one of the most important documents in the file. The Code of Criminal Procedure gives you the right to have defence counsel present. Speaking to a lawyer beforehand helps you decide how to approach the questions.

What does the right to remain silent mean?

A suspect or defendant cannot be forced to make a statement about the accusation. Remaining silent is not treated as evidence against you. When and how to use this right should be decided with your lawyer, based on the facts of the case.

How can I object to a detention order?

You can object by filing a petition with the criminal judgeship of peace that issued the order. The deadline is seven days from the date you learn of the decision. You can also request release at any time while detention continues.

What is a deferral of the announcement of the verdict (HAGB)?

Under certain conditions, the court does not announce its verdict and sets a five-year supervision period instead. If no new intentional offence is committed during that period, the case is dismissed. The deferral decision can be challenged by objection.

Administrative law

What is the deadline for filing an administrative action?

Unless a special law sets a different period, the deadline is 60 days for administrative courts and 30 days for tax courts. The period starts from the date the act is notified in writing. Missing it leads to the case being dismissed.

What does a stay of execution do?

It temporarily suspends the act while the case is pending. Two conditions must both be met: the act must be clearly unlawful, and carrying it out must cause harm that would be difficult or impossible to undo.

What happens if I apply to the authority and get no reply?

If an application to the authority is not answered within 30 days, it is deemed rejected. The deadline for filing a case starts running from this implied rejection.

What is the difference between an annulment action and a full remedy action?

An annulment action aims to set aside an unlawful act, while a full remedy action seeks compensation for loss caused by an act or action of the authorities. The two can be filed together.

Disciplinary law

How much time do I have to submit my defence?

Under the Civil Servants Law, the time allowed for a defence cannot be less than seven days. Other personnel regimes may set different periods. If you do not submit a defence in time, you are deemed to have waived your right of defence.

Can a disciplinary penalty be imposed without taking my defence?

No. A disciplinary penalty imposed without giving you the right of defence is unlawful and is a ground for annulment in the administrative courts.

Can I file a case against a disciplinary penalty?

Yes. All disciplinary penalties, including warnings and reprimands, can be challenged in the administrative courts. As a rule, the deadline is 60 days from notification of the penalty; some special rules provide for an objection procedure and different time limits.

Does an acquittal in a criminal case cancel the disciplinary penalty?

Not automatically; disciplinary and criminal proceedings are independent of each other. However, a final criminal judgment establishing that the act was not committed is an important basis in an action against the disciplinary penalty.

Cooperative law

I was expelled from the cooperative. How long do I have to object?

Under the Cooperatives Law, you can apply to the court within three months of notification of the expulsion decision. If the articles of association provide for an objection to the general assembly, that route should also be considered.

Who can file an annulment action against a general assembly decision?

Members who attended the meeting and had their dissent recorded in the minutes, members who were unfairly prevented from attending, and members who claim the meeting was not properly held can file an annulment action. The board of directors can also file one.

My home has not been handed over. What can I do?

If you have paid your obligations under the articles of association and general assembly decisions, you can file a case against the cooperative for transfer of title and handover. Losses caused by the delay can also be claimed separately.

Can board members be held personally liable?

A liability action can be brought against board members who caused the cooperative a loss by performing their duties in breach of the law or the articles of association.

Condominium law

What can be done about an owner who does not pay service charges?

The building manager can start enforcement proceedings or file a case for unpaid service charges and shared costs. The Condominium Law provides for late payment compensation of five percent per month on debts not paid on time.

How can I challenge an owners’ assembly decision?

An owner who did not agree with the decision can file an annulment action in the civil court of peace. The law sets short limitation periods for this, so you need to act as soon as you learn of the decision.

My neighbour enclosed their balcony. Is that legal?

As a rule, changes to common areas or the building’s facade require the consent of the owners. Restoration of unauthorised changes can be requested through the courts.

How are decisions made in urban renewal?

For buildings designated as at risk, decisions are taken under Law No. 6306 by a majority of owners in proportion to their shares. The rights of owners who do not agree are separately regulated in the law.

Family law

What are the requirements for an uncontested divorce?

The marriage must have lasted at least one year, and the spouses must apply together or one must accept the case filed by the other. The judge hears both parties in person and must approve their agreement on custody, alimony and financial matters.

How is property divided in a divorce?

For property acquired after 1 January 2002, the regime of participation in acquired property applies unless otherwise agreed. Property acquired during the marriage is, as a rule, shared equally; personal property is not divided.

Who gets custody?

The court decides custody based on the best interests of the child. It considers the child’s age and care needs and, if the child is mature enough, the child’s views. Contact is arranged between the child and the parent who does not have custody.

I got divorced abroad. Is it valid in Turkey?

For a foreign divorce judgment to take effect in Turkey, a recognition case must be filed. Once recognised, the divorce is entered in the civil registry.

Contract and debt law

Is mediation mandatory in rental disputes?

Yes. Since 1 September 2023, applying to a mediator is a precondition for filing a case in disputes arising from a tenancy. There are some exceptions, such as eviction through enforcement proceedings.

How long do I have to file a claim for money owed to me?

The general limitation period under the Turkish Code of Obligations is ten years. For rent, wages and some commercial claims it is five years; shorter periods apply to compensation for wrongful acts.

Enforcement proceedings have been started against me. What should I do?

In proceedings not based on a court judgment, the deadline to object to the payment order is seven days from notification. You can object to all or part of the debt. Once the deadline passes, the proceedings become final.

Is a verbal contract valid?

Unless the law requires a specific form, verbal contracts are valid. However, important contracts should be in writing to make them easier to prove. Some contracts, such as the sale of real estate, must be made in an official form.

Immigration law

How long do I have to challenge a deportation order?

A case can be filed in the administrative court within seven days of notification of the deportation order. Except for the exceptions set out in the law, the foreigner is not deported while the filing period is running or once a case has been filed.

How can I object to administrative detention?

The detained foreigner or their lawyer can apply to the criminal judgeship of peace against the decision. The application does not suspend the detention; the judge reviews it promptly.

Can I get citizenship by marrying a Turkish citizen?

A foreigner who has been married to a Turkish citizen for at least three years, lives in the marital union and meets the other legal requirements can apply for citizenship. Marriage does not grant citizenship automatically.

Can a restriction code (entry ban) be lifted?

Once the decision behind the code is identified, you can apply to the authorities to have it lifted and, if necessary, file a case. The type and duration of the code determine which route to take.

Constitutional law

What is the time limit for an individual application?

The application must be lodged within 30 days of the date legal remedies were exhausted or, where no remedy is available, the date the violation became known. If there is a valid excuse, restoration of the time limit can be requested within 15 days of the excuse ceasing to exist.

Is there a fee for an individual application?

Yes, an application fee is payable. Those unable to pay can request legal aid. The fee amount is set anew each year.

What happens if the Constitutional Court finds a violation?

The Court rules on what must be done to redress the violation and its consequences. If the violation arises from a court decision, the file is sent to the relevant court for retrial; compensation may also be awarded where necessary.

Can I apply to the ECtHR after the Constitutional Court?

Yes. The time limit for applying to the European Court of Human Rights is four months from the date the last domestic decision becomes final.

Contact

Legal deadlines are often short, so it is important to note the date of any notification you receive. The office can be reached by phone or through the contact form.

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