• OUR FIRM(current)
  • TEAM
  • PRESS COVERAGE
  • PRACTICES
  • PUBLICATIONS
  • CAREER
  • CONTACT
  • TR
  •  
 

 

  JUSTICE AND PRODUCTIVITY

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)

 

 

 

  • . Hidden Leader

. Situation Analysis

. From Dispute To Negotiation (1)

. From Dispute To Negotiation (2)

. From Dispute To Negotiation (3)

  • . Justice And Productivity

  • . Car Rental In Consumer Law

  • . If you read the story wrong

  • . Global Power

  • . Gnostik

  • . First kozmos state; Usa

  • . The general global crisis that grows every day even more

  • . Our work is very difficult if we can not overcome mental

  • . They try, but they never did, but they will never give up

  • . Update

  • . What On 8 March The Internatıonal

  • . Mining Law Or Betrayal Law

 

 

  • OUR FIRM
  • TEAM
  • PRESS COVERAGE
  • PRACTICES
  • PUBLICATIONS
  • CAREER
  • CONTACT
  • GOOGLE MAPS

  Address: Fatih Sultan Mahallesi, Dumlupinar Bulvari, 2700. Street, ARP tower Number: 3/30 (Floor: 15), 06790, Etimesgut/ANKARA/TURKEY

  Telephone: +90 312 430 71 71

   Fax: +90 312 430 60 70

  Email: info@yassikayahukuk.com

© 2022 YASSIKAYA Law Firm.