High Council of Judges and Prosecutors Act 6087

December 18, 2010 CUMARTESİResmî GazeteSayı: 27,789

LAW

BOARD OF HIGHER LAW JUDGES AND PUBLIC PROSECUTORS

Law no. 6087 Accepted: 11/12/2010

PART ONE

General Provisions

PART ONE

Objective, Scope and Definitions

Purpose and Scope

ARTICLE 1 - (1) The purpose of this law, the independence of the courts and the security of tenure of judges and prosecutors of the Supreme Council of Judges and Prosecutors, organization, organization, duties and powers to regulate the working procedures and principles.

Definitions

ARTICLE 2 - (1) the implementation of this Act;

a) Minister: Minister of Justice,

b) The Ministry: The Ministry of Justice,

c) The President: The President of the High Council of Judges and Prosecutors,

d) The Deputy Chairman: Başkanvekilini the High Council of Judges and Prosecutors,

d) Head: Judges and Prosecutors of the Supreme Council first, second and third offices in each of

e) The department head: the Supreme Council of Judges and Prosecutors, the first, second and third presidents of each circle,

f) The General Assembly: General Assembly of the High Council of Judges and Prosecutors,

g) General Secretary: the Secretary General of the Supreme Council of Judges and Prosecutors,

i) General Secretary: General Secretary of the Supreme Council of Judges and Prosecutors,

h) The Judges: Judges and Prosecutors, the Law No. 2802 dated 24/2/1983 with the judge described the temporary tasking authority or any judge serving in another institution or organization,

i) Board: The High Council of Judges and Prosecutors,

i) The inspector of the Board: the Audit Committee chaired by the High Council of Judges and Prosecutors, acting president, vice presidents, the chief inspectors and inspectors,

j) The elected members of the Board: the Supreme Council of Judges and Prosecutors, Justice Minister and the Undersecretary of the Ministry of Justice other than the actual members of each of

k) Board members: the original members of each of the Supreme Council of Judges and Prosecutors,

l) Prosecutor: Law No. 2802 with the prosecutor described the temporary tasking authority or any other institution or organization working in the prosecutor,

m) Supervisory Board: the Audit Board of the Supreme Council of Judges and Prosecutors,

n), Chairman of the Audit Committee: The President of the Audit Committee the High Council of Judges and Prosecutors,

o) Research judge: judges and prosecutors working in the Assembly,

means.

CHAPTER TWO

Establishment and Duties

Establishment and independence of the Board

ARTICLE 3 - (1) the High Council of Judges and Prosecutors consists of twenty-two regular and alternate members to twelve.

(2) The Board operates three apartment case.

(3) Chairman of the Board, the head of.

(4) Undersecretary of the Ministry of Justice is a member of the Board of course. When there are power of attorney to him Under Secretary of the Board participate in the meetings.

(5) The Board, the Minister, the Undersecretary of the Ministry of Justice, the President elected four original, Yargıtaydan selected three main and three spare, two regular and two substitute elected Council of State, Justice Academy of Turkey elected a master and a backup, first-class judges and prosecutors of the judicial selected among the first class of seven regular and four substitute judges and prosecutors from the administrative jurisdiction of choice consists of three main and two alternate members.

(6) The Board, using the independent performance of their duties and powers. No organ, authority, office or other, give orders or instructions to the Board.

(7) The Board, taking into consideration the principles of independence of the courts with judges and prosecutors guarantee justice, objectivity, integrity and honesty, consistency, equality, acts within the framework of the principles of qualification and merit.

Duties of the Council

ARTICLE 4 - (1) The Board is responsible for:

a) the Department's jurisdiction to change or removal of a court adjudicate on the proposals.

b) in relation to judges and prosecutors;

1) Accept the profession,

2) the assignment and transportation,

3) the temporary delegation of authority,

4) All kinds of promotion and first-class separation,

5) Staff to distribute,

6) found to be unsuitable to make decisions about career,

7) Do not discipline,

8) removal from office,

make transactions.

c) The following sub-paragraphs, except the judges and prosecutors, judges and prosecutors, duties, laws, rules, regulations and circulars (administrative circulars to judges) did not do in accordance with the check for whether, because of duties or tasks to process during the işlemediklerini crime, and the actions of state of conforms to requirements of their title and duties to investigate and if necessary, carry out inspection and investigation procedures.

1) the Ministry headquarters, affiliated and related organizations and international organizations working in the courts or the judges and prosecutors.

2) Temporary assignment with the authority or another agency, board or organization for judges and prosecutors working.

3) the prosecutors in terms of administrative tasks.

4) The Commission for their work in terms of duties of chairman and members of the justice commission.

d) The judicial authority of the administrative tasks of judges with the exception of matters regarding the use of evidence and the crime to qualify the authority to review matters relating to the duties of judicial prosecutors, with the exception of the circular arrangement.

d) select a member of the Court of Cassation and the Council of State.

e) perform other duties assigned by the Constitution and laws.

(2) Laws, except those expressly Ministry, judges and prosecutors, all personnel matters, shall be carried out by the Board.

PART TWO

Board Structure

PART ONE

Organization of the Board

Board organization

Article 5 - (1) The Board President, the General Assembly, consists of apartments and service units.

(2) service units of the General Secretariat of the Board and the Supervisory Board.

Presidential duties and powers

ARTICLE 6 - (1) President, Chairman and Başkanvekilinden occurs.

(2) duties and powers of the President are as follows:

a) to manage and to represent the Board.

b) without prejudice to the exceptions to Laws, the General Assembly to preside over the work and vote.

c) assign to the Secretary General of the General Assembly from among three candidates proposed.

d) Related to the apartment on the proposal, judges and prosecutors about the audit, investigation, inspection and investigation procedures to be.

d) make other duties assigned by law.

(3) the President;

a) Disciplinary procedures for the meetings of the General Assembly,

b) the work of the apartments,

participate.

(4) The President may delegate authority to some of the Başkanvekiline in writing.

(5) of the General Assembly, heads one of the circle, chooses as vice president. Which determines the vice president would stand in the absence of the heads of Başkanvekilinin circle.

(6) Başkanvekilinin duties and powers include the following:

a) the President to preside over the work of the General Assembly did not attend.

b) the President to use his delegated powers.

c) other duties assigned by law to do.

Its composition and duties of the General

ARTICLE 7 - (1) of the General Assembly, the Board consists of twenty-two original members.

(2) of the General Assembly the following tasks:

a) The heads of Başkanvekilini and select circle.

b) review and adjudicate appeals against decisions of the apartments.

c) the duties and division of labor disputes between apartments to settle definitively.

d) The duty of the Board entered, but the post at the General Assembly decisions on matters not shown or apartments set between tasks.

d) from one of the apartments and the increasing rate of normal studies be met with some of the other matters to give a circle.

e) Board members about the investigation and prosecution of criminal investigation and disciplinary procedures to carry out the necessary decisions in this regard.

f) the Department's jurisdiction to change or removal of a court adjudicate on the proposals.

g) select a member of the Court of Cassation and the Council of State.

i) the appointment of the Secretary-General to propose three candidates for the President.

h) The President of the Supervisory Board, Supervisory Board president, deputies, assistants general secretary of the Board başmüfettişlerini, the Board will serve as inspectors and the Assembly, either temporarily or permanently assign judges examined.

i) Council regulation on the mission field, remove and edit the circular.

i) approve and implement the Board's strategic plan to follow.

j) Task field of interest laws, rules and regulations and provide feedback on drafts.

k) to do other duties assigned by law.

The formation of the apartments, apartments with the choice of functions and powers of the heads of

ARTICLE 8 - (1) of the Board;

a) First Department, Undersecretary of the Ministry of Justice, Yargıtaydan the chosen one, selected from among the three judicial judges and prosecutors, judges and prosecutors chosen from the administrative jurisdiction of a principal and an elected member of the President,

b) Second Department, Supreme Court and elected a Council of State, judges and prosecutors from the two selected judicial, administrative judges and public prosecutors of the judiciary and the President elected from among the selected two original members,

c) Third Department, Supreme Court and elected a Council of State, Justice Academy, the General Assembly of Turkey with a selected, judges and prosecutors from the two selected judicial, administrative courts and judges and prosecutors chosen from an original member of an elected President of the Republic,

to be composed of seven members.

(2) of the General Assembly, according to the principles above which the flat original and integral member of the members to do the task, decide elections.

(3) of the General Assembly, a member from among its members in each apartment, as he selects the head of the circle. Undersecretary of the Ministry of Justice can not be elected head of department.

(4) Department in the absence of the president, instead, he would stand in circle head of department determines which of the members.

(5) Flat head, to represent the circle, to prepare the agenda, to preside over the meetings of the apartment an efficient, consistent and keep it running on a regular basis, the duties and division of labor disputes occurred between apartments götürmekle charge of the General Assembly.

The apartments tasks

ARTICLE 9 - (1) The first circle has the following tasks:

a) in relation to judges and prosecutors;

1) the assignment and transportation,

2) the temporary delegation of authority,

3) Staff to distribute,

4) Müstemir editing privileges,

5) Annual and excuse all kinds of permissions do not let outside,

6) by the Academy of Justice of Turkey in accordance with the planning of training programs and the demands for permission to participate in the making,

make transactions.

b) Vocational training courts to determine pre-primary education.

c) given by the General Assembly to do other jobs.

(2) The second circle has the following tasks:

a) Judges and prosecutors;

1) All kinds of separation processes, the rise and make the first year,

2) Due to their posts or tasks of criminal investigation at the time to decide about the outcome of the disciplinary investigation and prosecution,

3) due to disciplinary or criminal investigation and prosecution to modify or dismiss the temporary removal of authority to decide

4) To decide on the career found to be unsuitable,

5) Other institutions allowed to conduct proceedings concerning the temporary assignment and transfer requests.

b) given by the General Assembly to do other jobs.

(3) The third circle is responsible for:

a) The judge and prosecutor candidates to accept the profession.

b) The duties of judges and prosecutors to the law, statutes, regulations and circulars (administrative circulars to judges) had ever done in accordance with the Audit Committee to have the inspection process.

c) Judges and prosecutors need to review complaints about the warning and do.

d) due to tasks or duties of the judge and prosecutors during the criminal process and işlemediklerini, and the actions of state of compliance requirements of their title and duties of the Board have the powers of inspectors, or inspectors if necessary, a senior judge or the prosecutor hand research and make proposals for review and investigation procedures.

d) The re-appointment of Judges and prosecutors appointed to decide on requests for appointment to the profession and other services.

e) the withdrawal from the profession, drawn, be presumed, and the task to decide about the termination.

f) the relevant laws in order to fulfill the tasks assigned to the nearest heavy penalty, district court and the district court to determine the administration.

g) given by the General Assembly to do other jobs.

CHAPTER TWO

General Secretary

Formation and functions of the Secretariat General

ARTICLE 10 - (1) the administrative and financial affairs and secretariat services to the Board was established to fulfill the General Secretariat of the Secretary General, deputy secretary general with enough examination of four consists of master and offices.

(2) General Secretariat has the following tasks:

a) carry out the Board's office operations.

b) The Board is a party to judicial and administrative proceedings by the Board of lawyers to represent the execution proceedings, lawsuits to follow, move, carry out legal services.

c) Judges and public prosecutors with their record keeping personal files.

d) carry out the Board's archive services.

d) The duties assigned by law to make financial services and strategy development units.

e) Judges and prosecutors are allowed to carry out operations and retirement.

f) The Board members of the Assembly with the task of those who conduct their personal transactions.

g) The duties of the Board on matters which are related to the National Judicial Network Information System (UYAP) make use of.

i) Laws or the President indicated, or apartments provided by the General Assembly to do other jobs.

Secretary-General and the appointment of assistant secretary general, duties and powers

ARTICLE 11 - (1) The Secretary-General first-class judges and prosecutors, the General Assembly, appointed by the President from among three candidates proposed by muvafakatlerini. Participate in the President and each member of the Board may vote for up to three candidate election, the Secretary-General to identify candidates, three candidates were offered the most votes are counted.

(2) The Secretary-General;

a) the duties legislation, the Board's strategic plan, performance criteria and service quality standards shall be enforced.

b) The General Secretariat efficient, compatible, and allows you to run on a regular basis.

(3) the Secretary-General, deputy secretary-general power of attorney shall be determined by his / her absence.

(4) assistant secretary general, judges and prosecutors from the first grade-separated, based on consent, shall be appointed by the General Assembly.

(5) assistant general secretary;

a) General works on the division of labor determined by the Secretary.

b) The offices are connected to them, efficient, compatible, and allows you to run on a regular basis.

c) according to the head of department of interest and fulfill duties given by the Secretary General.

Research judges

ARTICLE 12 - (1) the Secretary General of the Committee to run enough tests are judge.

(2) Research and magistrate, the judicial and prosecutorial profession actually served at least five years and with outstanding success of the hit from the consent of the Board based on agreed services to be beneficial, by the General Assembly, are appointed to work in temporary or permanent.

(3) Research and judges, the President, with the head of department shall perform the duties assigned to them by the Secretary General.

Offices and staff

ARTICLE 13 - (1) perform the duties of the Board office in order to create enough of the Secretary General.

(2) The Board staff, live or State civil service examination for entry into the central proposal of the Secretary General on the results from the vice president is appointed by the Placements, which are the Civil Servants Law No. 657 dated 14.07.1965 on the applied provisions.

(3) Offices working procedures and principles of the regulation issued by the Board.

(4) the Board in favor of the litigation and enforcement proceedings resulting in the provision due to proceeds from the opposite side connected to the distribution of attorney fees to lawyers, dated 02/02/1929 and numbered 1389 severed the cases of Eden to the State Attorney and is applied by analogy the provisions of the Law on the Temporary Saireye Fee to be submitted.

PART THREE

Supervisory Board

Formation and duties of the Audit Committee

ARTICLE 14 - (1) Supervisory Board, Supervisory Board Chairman, two Deputy Chief Inspector and inspectors with the offices of the Board consists of enough.

(2) Audit Committee, on behalf of the Board will function under the supervision of the President of the Third Department.

(3) The Board inspectors carrying out their duties the Chairman of the Audit Committee, Chairman of the Audit Committee is responsible to the Assembly.

(4) The duties and powers of the Audit Committee are as follows:

a) The judicial and administrative judicial duties of judges and prosecutors of laws, rules, regulations and circulars (administrative circulars to judges) did not do in accordance with the check for whether, because of duties or tasks to process during the işlemediklerini crime, and the actions of state of compliance requirements of their title and duties to investigate and if necessary, to make examination and investigation procedures.

b) the issues within its sphere of duties, lack of practice, emerging legislation and the necessary investigation and research on issues related to defects in the legal and administrative measures to be taken by the Board in making the proposal.

c) the law, rules and regulations issued by the Board indicated, or perform similar tasks.

(5) the independence of the courts and the security of tenure of judges working in the audit with the Audit Committee and the Board inspectors, working methods, research, examination and investigation procedures and principles concerning the regulations.

Appointment procedures

ARTICLE 15 - (1) will work with the Board of Inspection;

a) The Chairman of the Audit Committee and vice presidents, judges and prosecutors from the first class,

b) The Board chief inspectors, the Audit Board in fact completed the five-year, first grade-separated, and the investigators did not lose the properties of the first year of separation, in order of seniority,

c) The Board inspectors, judges and prosecutors for at least eight years actually served in the profession and outstanding success of the inspectorate in the service of the Board from among those understood to be useful,

based on consent shall be appointed by the General Assembly.

(2) Justice inspectorate inspector of the Board, the Board inspector of justice inspectorate, the assignment can be done by obtaining the consent of those concerned. In this way, the appointments committee last time before the inspection, the board of the new atanılan considered to have passed the inspection. After serving as inspector of the Board or the inspector of justice, leaving this task again, this provision also applies in case of appointment of inspectorate.

Supervisory Board functions and powers of the President and vice presidents

ARTICLE 16 - (1) duties and powers of the President of the Audit Committee are as follows:

a) The Supervisory Board to represent, manage, efficient, compliant and to work on a regular basis.

b) organize the division of labor between the vice president.

c) who shall act as deputy head of absence, the vice presidents in case of absence of the Chief Inspector to carry out the task of determining power of attorney.

d) prepare the draft of the annual inspection program to present the Third Chamber, upon the approval of the President to be taken by the Department to enforce.

d) Supervision, research, investigation and follow-up investigation and the application to appoint inspectors to consent.

e) the law, rules and regulations shown or given by the relevant department head or have to do similar tasks.

(2) duties and powers of vice president of the Audit Committee are as follows:

a) carry out the duties assigned by the division of labor organized by the Chairman of the Audit Committee.

b) make or have other duties assigned by the President of the Audit Committee.

Board duties and powers of inspectors

ARTICLE 17 - (1) The Board functions and powers of inspectors are:

a) The duties of judges and prosecutors, law, rules, regulations and circulars (administrative circulars to judges) as appropriate to check whether did not do.

b) because of duties or tasks of the judge and prosecutors during the criminal process and işlemediklerini, and the actions of state of the research conforms to the requirements and duties of an adjective, and if necessary, to make examination and investigation.

(2) that the Board inspectors carrying out their duties;

a) Will Do the research, analysis and investigations, they will have a need to listen to on oath, if necessary rogatory may apply to the path, with the information you need evidence sübut public institutions, boards and agencies can collect directly.

b) Will Do review and investigations in addition to the powers given to the Law No. 5271 dated 04.12.2004 may be taken according to the Law on Criminal Procedure, the laws themselves and the public prosecutor, may use all powers granted to conduct the investigation. Law No. 5271 on cases where delay is prejudicial, this provision is beyond the powers granted to the public prosecutor.

(3) inspectors of the Board will be auditing, research, examination and investigations will be asked about the organizations and individuals are obliged to provide any information and documents.

(4) The Board inspectors, inspections, and judicial jurisdiction over matters which fall within karışamazlar admirable, may not advise or suggestions.

PART THREE

Members of the Selection Board and Termination of Membership

PART ONE

General Provisions

Selection of members

ARTICLE 18 - (1) of the Board;

a) The four original members, a state of tenure of judges do not interfere with the reception of his career, higher education institutions in law faculty members who served at least fifteen years with fifteen years in the profession actually reached the President of the Republic from among lawyers,

b) The three main and three alternate members, the Supreme Court from among the members of the General Assembly of the Supreme Court,

c) The two main and two substitute members, the Council of State from among members of the General Assembly of the Council of State,

d) One and one substitute member from among its members the General Assembly of the Academy of Justice of Turkey,

d) The seven regular and four substitute members are first-class, first class judicial judges and prosecutors did not lose the qualities that require separation from the judicial judges and prosecutors,

e) The three main and two substitute members are first-class, first class, did not lose the qualities required to leave the administrative jurisdiction of administrative courts, judges and prosecutors, judges and prosecutors,

elected for four years.

(2) re-elected members whose term has expired and the Board members can vote in elections.

(3) and substitute members of the Board no later than three months before the completion of their terms of office, the General Secretariat of the Presidency and the Supreme Court of the First Presidency of the Council of State, Justice Academy of Turkey and reported these issues to the Supreme Election Council presidencies.

Time of the elections, and Fundamentals

ARTICLE 19 - (1) Board membership elections every four years, including the members is done within sixty days before the expiry of the mandate.

(2) the Court of Cassation, the Council of State and Justice Academy of Turkey for membership of committees each member elected Assembly, judges and prosecutors from the first class judicial and administrative jurisdiction of each judge and prosecutor to be elected a member of the Board, elected from amongst themselves for the candidate to the total number of regular and alternate members vote, a greater number of votes for candidates in the event the ballot void. Most candidates received votes, respectively, and substitute member is selected.

(3) In this election, and by secret ballot at a time for each semester, free, equal, single stage, public counting is done according to the principles. In case of equality of votes between candidates, is drawn by lot.

CHAPTER TWO

Court of Appeals, the State Council, and Turkey of the Justice Academy Selection Committee Members

Selection procedure

ARTICLE 20 - (1) The first president of the Council of State and heads of the Academy of Justice of Turkey, a member of the Board sixty days prior to the expiry of their terms of office for members of the selection process starts and the application deadlines for nominations are announced.

(2) within ten days from the date of the announcement, candidates who apply to the president. Final candidate list of the applications within five days from the date of termination shall be announced.

(3) the Supreme Court within thirty days from the declaration of final list of candidates, selection is made the general assemblies of the Council of State and Turkey, the Justice Academy.

PART THREE

Judicial and Administrative Judges and prosecutors Judicial Selection Committee Members

Suffrage

ARTICLE 21 - (1) judicial and administrative jurisdiction to the Board members the choice of judges and prosecutors;

a) all Judges and prosecutors have the right to vote.

b) The judges and prosecutors to the judicial jurisdiction of judicial judgments; administrative judicial administrative judgments of judges and prosecutors to vote for those candidates.

c) First class is first class all judges and prosecutors did not lose the qualities required to leave and substitute member of the Board has the right to be elected.

Management and supervision of elections

ARTICLE 22 - (1) Elections, the management and supervision of the Supreme Election Council.

(2) judicial jurisdiction to the Board members to select judges and prosecutors, in each province, the provincial elections to be held under the direction and supervision of the selection committee, working in the provinces and districts of the province of judges and prosecutors vote.

(3) Administrative court judges and prosecutors to choose a member of the Board, the regional administrative courts in provinces, under the direction and supervision of the county election board of elections to be held, the court of the district administration and the remaining areas within the jurisdiction of administrative courts, judges and prosecutors working in the vote.

(4) To-election polls in the field, in the chest and placed under the supervision of the board of county election board decided the polls. Places the determination of the fund will be placed, choosing the game easily, freely and are considered able to give confidential manner. Crates, court buildings, parts of favorable votes is put kullandırmaya.

(5) election of members to the Board, dated 26/4/1961 and No. 298 of the Law on Basic Provisions of Elections and Electoral Rolls will be the provision of Article 17.

(6) City selection committees, according to the number of judges and prosecutors to vote, a chairman elected from among public officials, the four main and two alternate members of the board creates the polls. Fund boards, processing, measure, and the complaints and appeals against the decisions of the provincial council election is decided.

(7) candidates will be held in case of surname list in the order of the alphabet and the names of the empty box to indicate the preference in the face of the combined voting ballots, the Supreme Election Board of the Republic of Turkey on the existing watermark papers printed and provincial election committees, taking into account the number of voters vote in judicial and administrative jurisdiction sent in the form of ballot. Other issues related pusulalarıyla vote is determined by the Supreme Election Board. Supreme Board of Elections, the ballots if necessary, such as he deems appropriate bastırabileceği the authority to push through the county election boards.

(8) Judges and prosecutors, and county election boards of chest counting of votes, the minutes of casting and the selection can monitor the work of unification, the result may take the minutes of the sample.

(9) To-election, 298 of the Law are not contrary to the provisions of this Act applies.

Determine the voter's lists

ARTICLE 23 - (1) The Supreme Electoral Council, election calendar, at least sixty days before the expiry of their terms of office of members is announced. Election calendar days from the date of declaration of the vote in the provinces, lists of judges and prosecutors to determine the county election board sends. Provincial election boards lists, at the latest within two days from the date of receipt removes suspended. These lists shall be suspended for ten days and it remains pending in the county election board may be appealed against these lists. Objections were not taken into account during the period.

(2) City boards of election, within two days from the date of appeal has expired and the final voters' lists of objections over the documents conclude by examining the Supreme Election Board sends to the web site to proclaim.

(3) the Supreme Court, the State Council, the Board and those who work with organizations of the Ministry of Justice, judges and prosecutors has been abroad in Ankara, the temporary authority assigned in another place with the place assigned to use their votes. Permission, in charge of the disease because they are on leave or aylıksız, judges and prosecutors in another place, the voter lists before the accounts are, your local county election board voted to apply to use case, where they can vote.

(4) Selection from the beginning of the calendar name from those lists for any reason, who left the profession, the Board shall be notified by the Supreme Electoral Council, and they can not vote.

Applications and regulation of the candidate lists, the selection of the date of

ARTICLE 24 - (1) within fifteen days from the date of election schedule announced candidates apply to the Supreme Election Board. The end of the history of the applicant within five days from the day the Supreme Election Board examines the applications of candidates and will announce a temporary list of candidates. Reasons by the judge and prosecutors with the evidence and the related concrete nomination may be appealed within five days from the date of declaration.

(2) The Supreme Election Board, the objection within five days from the date of expiry of the period over objections by reviewing documents and finalize the definitive list of candidates is announced.

(3) Elections, the Supreme Election Council announced that the final list of candidates on the second Sunday following the date made.

Prohibition of Propaganda

ARTICLE 25 - (1) Candidates, the declaration of final list of candidates until the end of the voting period of propaganda they can not. However;

a) The procedures and principles set by the Supreme Election Board resumes publish an internet website dedicated to this job.

b) introducing themselves and explaining their thoughts about professional issues by letter, e-mail and send text messages.

c) Off in the meeting of the can.

Elected to withdraw his candidacy or the loss of competence

ARTICLE 26 - (1) After the declaration of final list of candidates is finalized until the last period of the election results or election to withdraw his candidacy in case of loss of competence in the list is not altered. However, this issue, the Supreme Election Council announced on the website.

CHAPTER FOUR

Termination of vacancy and

In case of membership selection ejaculation

ARTICLE 27 - (1) membership of the Board of death, retirement, resignation and discharge case similar reasons, the President elected by the membership, the vacancy within sixty days following, the time remaining to complete the selection of new members is made. Other memberships discharge case, the original members remaining to be completed by the backup.

(2) the quorum for meetings of the General Assembly to discharge oluşturamayacak the case of membership, memberships vacated and substitute for re-election is made within sixty days. As a result of this election and substitute elected membership, the remaining duration of the members elected instead of complements.

Termination of membership

ARTICLE 28 - (1) Board members and alternate members other than the President;

a) According to the Law on Judges and Prosecutors, judges and the prosecution of an offense requires dismissal from the profession to wear the exact terms, the withdrawal or the age of sixty-five cases of complete spontaneous,

b) To be a member of the Board or Board member understanding of the conditions during the later move it to any of these conditions in case of loss of any of the two-thirds majority of the General Assembly, which determined the decision of this situation,

Board membership ends.

(2) elected members of the Board, as the understanding of certain tasks or duties getiremeyeceklerinin medical board report unauthorized, unexcused and uninterrupted period of thirty days, a total of fifteen days or one year, not to continue with the case, a two-thirds majority decision of the General Assembly, the Board membership ends.

(3) The Board's membership;

a) The Supreme Court ended a member of the Board membership is chosen prosper, without any processing condition and staff without being empty, they return to duty member of the supreme court, vacated the first member of staff shall be assigned to them.

b) the judicial and administrative court judges and prosecutor 's office is chosen;

1) prosper end of the period before the completion of a member of the Board of the General Assembly,

2) The Board membership due to the completion of the period ended prosper, they will occur after the General Assembly,

by ownership, taking into account their preferred location in one of three separate assigned to a task deemed appropriate.

c) Other public office is chosen, the end of a member of the Board prosper, upon their request, the competent institutions of the rights acquired by the previous month or the extent of the duties assigned to another task.

d) (b) and (c) in sub-paragraphs written procedures for the appointment, the Board's membership is made within thirty days from the date of the end. Appointment process and the Board membership is considered on leave until the employee concerned shall continue to take advantage of their rights.

(4) Board members spent time meeting, according to the provisions of the law are subject to assessed services.

PART FOUR

Operating Procedures

General Assembly meeting and the quorum

ARTICLE 29 - (1) of the General Assembly, the tenth working day of January of each year, self-collected, the days of the annual ordinary meeting shall determine.

(2) The President may call an extraordinary meeting to be cases where the General Assembly. The absolute majority of the members, upon written request stating the topic to be discussed in the President, shall convene an extraordinary General Assembly.

(3) The General Assembly convenes at least fifteen üyeyle absolute majority of the total number of members shall take a decision.

(4) The agenda of the meeting of the General Assembly by the President, in the opinion of Başkanvekilinin taking, the importance of the work, shall be regulated depending on whether immediate or lasting. Agenda of the meeting on the day and time, the Committee discussed the order of things and shows. Incomplete agenda items discussed at the next on the agenda first.

(5) Amendments to the Agenda, but the regulation of the agenda after the emergence of an immediate and lasting business case at the request of the President or members of the General Assembly is the decision. Urgent and non-term demand can not be addressed in this way. Consideration of matters on the agenda before or after the order, the postponement or removal of the agenda shall be subject to the same procedure.

The quorum for a meeting and decide apartments

ARTICLE 30 - (1) Apartments, apartment in January of each year upon the call of the president gathered the days of the annual ordinary meeting shall determine.

(2) Flat head, call an extraordinary meeting to be cases where the circle. The absolute majority of the members, upon written request stating the topic to be discussed in head of department, call an extraordinary session of the circle.

(3) The apartments are collected and the total number of members at least five üyeyle receives an absolute majority decision.

(4) apartments meeting agenda, the importance of the work by the head of department, shall be regulated depending on whether immediate or lasting. Agenda of the meeting on the day and time, to be discussed in the order of things and shows. Incomplete agenda items discussed at the next on the agenda first.

(5) Amendments to the agenda but the agenda after the issuance of an immediate and lasting things there arises a head of department or at the request of any member becomes flat with the decision. Urgent and non-term demand can not be addressed in this way. Consideration of matters on the agenda before or after the order, the postponement or removal of the agenda shall be subject to the same procedure.

Voting

ARTICLE 31 - (1) General Assembly passed a vote after negotiations and apartments. Cases are open to voting or decision taken as otherwise.

(2) of the General Assembly voting selection process is confidential.

(3) First oylanır procedural matters. Those in the minority has to take a vote on the basis of the procedures. As head of department of the Board or age of the youngest members, starting with the most votes at the end collects and uses your own game. Voting abstained from voting.

(4) Disciplinary procedures up to vote against the dissolution case concerned the majority of the votes until the vote is added to the nearest.

(5) shall be determined and announced by the chairman as a result of the vote.

Board decisions and minutes

ARTICLE 32 - (1) The General Assembly shall be recorded and apartments interviewed jobs and a decision shall be determined by the actions taken.

(2) Decisions;

a) The subject, if any, claims and summary of the defense,

b) If the game against the decision and rationale,

c) The legal remedies invoked against the decision, the authorities and duration,

shown.

(3) justification of decisions, at the latest within fifteen days from the date of the decision is written.

(4) by the Board;

a) the necessary decisions in the Official Gazette,

b) Decisions relating to the profession, the protection of personal data, provided that the Board's Internet site,

published.

(5) of the General Assembly and apartments;

a) The decision of the judge and prosecutors about the work and discipline their personnel,

b) The results of Müracaatlarının concerned,

shall be notified.

(6) Judges and public prosecutors, defense taken, unless the complaint and notice of rights will not be notified of the decisions.

Re-examination, appeal and judicial way

ARTICLE 33 - (1) against the decisions of the General Assembly for the first time, the President or the parties concerned, within ten days from the date of notification, the General Assembly may request re-examination, re-examination at the request of the decisions are final.

(2) against the decisions of the apartments, the President or the parties concerned, within ten days from the date of notification, the decision may request the review circle.

(3) against the decisions of the apartments on the re-examination request, the President or the parties concerned within ten days from the date of notification, may appeal to the General Assembly. Decisions made on the appeal shall be final.

(4) re-examination of complainants against the decisions of the profession and have the right to appeal.

(5) of the General Assembly or the apartments, the profession referred to judicial authorities against the decision of removal became final on penalty and the other is beyond judicial review decisions. Removing the profession as a court of first instance decisions of the Council of State against the revocation proceedings. These cases are considered urgent matters.

PART FIVE

Members' Legal Status, rights Investigation and Prosecution

PART ONE

The Legal Status of Members

The legal status of members and personnel matters

ARTICLE 34 - (1) elected members of the Board; tasks during the head of department of the Supreme Court all the financial and social rights for the benefit provided for in the relevant legislation. Elected members of the Board, dated 31/5/2006 and numbered 5510 in terms of social security Social Security and General Health Insurance Law, the first paragraph of Article 4 (c) The rights and obligations under sub-paragraph, shall be determined on the basis of head of department of the Supreme Court.

(2) other than the members of the Board President, (30,000) multiplied by the coefficient applied to the indicator number aylıklarına officer as a result of additional compensation will be paid monthly amount. The entitlement to compensation and payment of the Law No. 2802 is the provision of pension and compensation excluding any taxes and stamp duty are not subject to interruption.

(3) elected members of the Board, staff and former duties will be dismissed.

(4) elected members of the Board, except as provided in this Act in terms of personnel matters and the rights of a member of the Board during his tenure, the Supreme Court are subject to the provisions on the head of department.

(5) The Board elected substitute member shall continue to do the actual tasks. Member of the Board started working because of time before ejaculation substitute members, appointed member of the Board from the beginning will have the same rights and obligations.

(6) elected members of the Board, are entitled to annual leave until the time of judicial suspension.

In other business, and tasks

ARTICLE 35 - (1) Board members elected;

a) Laws, other than those set out in official or private income-generating activities can not and can not receive another task.

b) Scientific research and publications can be found; tasks aksatmamak and the Presidency to provide information, provided that the board of national and international congresses, conferences, seminars and other scientific meetings, participate in meetings with other related professions, the judiciary or the profession of conference-related issues and may submit the notification.

c) Spouse and children's activities are constantly finding profitable case, the starting date of employment status, after the start of the task in case of emergence, are required to notify the Board within one month from that date.

d) during the continuation of membership, and elected by the Board can not be assigned to another task.

CHAPTER TWO

Members on the Investigation and Prosecution

Members of the investigation and prosecution of disciplinary actions

ARTICLE 36 - (1) elected members of the Board, due to disciplinary actions by the crime, conducted a disciplinary investigation and prosecution of rights, in accordance with the provisions of this Act is made by the General Assembly.

(2) the denouncement and complaints about members of the Board elected the President, the General Assembly before taking the job to one of the heads circle can make preliminary investigations. Assigned to the head of department, after review, a status report, the President informs.

(3) President, notice or review or complaint directly to the General Assembly after making offers. As a result of the interview, the opening of an investigation or decides not to open an investigation. In case of a decision to initiate an investigation, among the members, by secret ballot, elected three-person board of inquiry. The investigation committee, the highest number of votes in case of equality which is chaired by the elder.

(4) The investigation committee to gather information about the subject and detects sübut evidence, considers those to need to listen to on oath, attributed to the concerned state of owned and letting the defense take action. From the moment about the defense requested, in person or through counsel shall be authorized to review the investigation papers.

(5) The investigation committee, in his investigation, obtain information and evidence showing that the award of disciplinary punishment according to their opinion on whether to prepare a report stating that the report gives the General Assembly and its attachments.

(6) as a result of the investigation concerned shall be notified in writing and shall be not less than seven days before the General Assembly within the period designated in relation to the prosecution stage, in person or through counsel shall be invited to give oral or written defense.

(7) of the General Assembly, under the disciplinary prosecution, disciplinary action has been prepared and the report examines the file, reads the written defense has given this defense, to make an oral defense istemişse oral defense of the religions, all the while considering the scope of documents;

a) If necessary, extend or deepen the investigation,

b) Juveniles owned and movement state of constant sees the removal of the file processed,

c) Juveniles owned and state of constant movement of disciplinary action if it fits into action,

decides.

(8) in terms of criminal investigation or prosecution be initiated, as well as making the disciplinary investigation and disciplinary action will not interfere with giving.

(9) Disciplinary actions that require processing of their investigation three years have passed since the disciplinary action can not be opened. Disciplinary action is punishable by five years have passed since then disciplinary action can not be processed. Punishable by disciplinary action, but also constitutes a crime and a longer period of limitation prescribed by law for this crime and the criminal investigation or prosecution would be in the pop-up, instead of this time period is specified in this paragraph. Given by the General Assembly decided to wait for the outcome of the prosecution, the court passing a sentence of two years from the finalization of the decision-making authority to prescription suffers.

(10) elected members of the Board, a member of the Board without prior investigation or disciplinary proceedings by the Board because of actions, from the stage, within the framework of the procedures of Law, relevant provisions of special legislation for the basis is decided.

Disciplinary penalties and enforcement

ARTICLE 37 - (1) Board members elected, leading to disruption of service or membership of the Board inconsistent with the state of dignity and honor of the movement seen in the hard case, the nature of the action and is warned by weight, or to withdraw from membership of the Committee are invited. The decisions taken shall be notified in this regard.

(2) Disciplinary punishment can be made on the application for review against the decisions of the General Assembly. As a result of re-examination of the General Assembly's decision is final.

(3) to withdraw the invitation for membership of the Board within one month of notification of dismissal not taken final decision concerned a member of the Board ends. This is considered on leave about a month period.

Members of the investigation and prosecution of crimes in judicial proceedings

ARTICLE 38 - (1) with crimes related to the tasks of the Board members elected on a personal investigation and prosecution of crimes by permit procedures of the General Assembly, the opening of the prosecution's decision and determination of the prosecution authorities in accordance with the provisions of this Act is shown by the authorities.

(2) the denouncement and complaints about members of the newly elected Chairman of the Board, the General Assembly before taking the job to one of the heads circle can make preliminary investigations. Assigned to the head of department, after review, a status report, the President informs.

(3) The Chairman reported the crime investigation or a complaint, either directly or after making offers to the General Assembly. As a result of the interview, the opening of an investigation or decides not to open an investigation. In case of a decision to initiate an investigation, among the members, by secret ballot, elected three-person board of inquiry. The investigation committee, the highest number of votes in case of equality which is chaired by the elder.

(4) The investigation committee, according to Law No. 5271 does not support all the powers recognized by the public prosecutor and the law. Concerned about the issues attributed to the decision of a judge during the investigation of the crime must be determined according to the nature refers to the prosecution authorities.

(5) The investigation committee, after completing the investigation at the opening of the prosecution to prepare a report stating whether the opinion on the report and attachments, allows the General Assembly.

(6) The General Assembly reviewed the file and if any deficiencies after the completion, the prosecution decides to remove the need for the procedure unless the documents, although the prosecution, unless otherwise permits.

(7) Prosecution on the file concerning the finalization of the permit;

a) Task-related crimes, the Constitutional Court in his capacity as the Supreme Court,

b) Personal crimes, the General Assembly of the Criminal Court of Appeals,

sent to the Court of Appeals Chief Public Prosecutor to open a public case.

(8) Court of Appeals Chief Prosecutor indictment by editing the documents, the criminal department in charge gives the Court of Appeals. An example of the criminal department in charge of the indictment by the Court of Appeals pursuant to the provisions of Law No. 5271, is notified to the concerned. This is related to the notification, within ten days whether the collection of evidence, or are considering this matter is found acceptable, and if necessary request an investigation by the derinleştirilir circle. The result of these transactions, will be decided on whether to prosecute or to prosecute place. The decision to prosecute case of the prosecution authorities in this Act immediately sent to the document. Prosecution against the decision on whether to open space, the office issuing the order as the number of criminal punishment following the office itself, the decision of the criminal department has given the last number can be the first criminal appeal duly office.

(9) entering the heavy-duty criminal court cases of flagrante delicto, and case investigation is carried out according to the general provisions of the Board shall be notified immediately. As a result of the investigation file submitted to the Board together with the fezleke.

(10) elected members of the Board, the Board members made no previous criminal investigation and prosecution because of the actions of permit procedures, according to the provisions of this Act shall be carried out by the General Assembly from the stage.

Common provisions

ARTICLE 39 - (1) of the Board elected by members of the disciplinary actions related with the tasks carried out about crimes and personal crimes investigations and prosecutions;

a) The relevant organizations and individuals, will be asked to provide any information and documents are required.

b) The unsigned, unaddressed or understood to be made under a pseudonym or without a specific reason for the event and, not shown in the evidence and basis of denunciations and complaints will not be processed.

c) The General Assembly, the President and the members about the transaction with the board members can not join the investigation.

(2) the Undersecretary of the Ministry of Justice, as a member of the Board due to disciplinary actions by the Board membership on the task of investigation and prosecutions of crimes and personal crimes are the provisions of this Act.

PART THREE

Business Bakamama, Withdrawal, and Rejection

Business bakamama

ARTICLE 40 - (1) The Chairman and members of the Board;

a) The business itself is related to,

b) the person concerned, even the wife or husband of the marriage bond may not stay, blood or adoption to him or beech hısımlığından üstsoyu or altsoyu veyahut bond between them with the second degree (this is very inclusive) Erse blood kinship or marriage to an end, even the second degree (including the degree ) If kinship beech,

c) the same here as witnesses, rested, gave opinion, expertise, consulting, lawyers, judges or prosecutors have done the job before, or in charge of the investigation,

d) looked at them with the related work is essential if a case was opened before the event,

Work in any way participate in the work of the Board and bakamazlar circle.

Withdrawal and refusal

ARTICLE 41 - (1) Board members or related work with bakamama or animosity between the current state of neutrality is an important case of doubt as to reduce, by about the job, such as the refusal to see Being çekinebilecekleri.

(2) Denial, the review occurred after the start or the reason for rejection within fifteen days from the learned and needs to be done before deciding on any case.

(3) Reject the request, in the absence of a denial of the members of the General Assembly requested or reviewed by apartment concluded definitively.

(4) will interfere with the collection of the circle to be rejected by case number, reject the request, a denial reviewed by the General Assembly requested the members participate in a final ruling. In case of rejection seen in the request, the General Assembly shall be decided on the merits of the work.

(5) will interfere with the collection of many members of the General Assembly shall not claim for refusal.

(6) made in due time, reason for rejection specified or not shown convincing evidence without conditions or refuse the demands stipulated in the Law, rejected the participation of members can be reversed.

(7) of the General Assembly or the circle made by the examination of requests for rejection are not accepted by the absolute majority of the members, shall be deemed rejected.

PART SIX

Miscellaneous and Final Provisions

Re-appointment

ARTICLE 42 - (1) working meeting, Secretary General, deputy general secretary, inspectors and inspection judges and the Board, upon request or ex officio, on the decision of the General Assembly, First Department, by taking into account the great vested interest shall be appointed on a mission.

Staffing

ARTICLE 43 - (1) determination of the Committee staff, subject to the Law No. 657, creation, use, and cancellation of other matters related to staff dated 13/12/1983 and Decree Law No. 190 on the Procedure of the General Staff and shall be regulated pursuant to the provisions.

(2) attached (1) and (2), respectively, numbered lists have been established and the positions of attachment to the Decree No. 190 (I) and (II) of the rulers that "the High Council of Judges and Prosecutors" have been added as a part of.

Budget

ARTICLE 44 - (1) The Board, its budget is managed within the overall budget.

(2) of the Board Başkanvekilidir top manager.

(3) Turkey Grand National Assembly Chairman of the Board represents the budget talks, Deputy Chairman and Board members can not be invited to make a statement.

Regulations

ARTICLE 45 - (1) The regulations stipulated in the Law, issued by the Board.

And references to repealed provisions of the Amendment with

ARTICLE 46 - (1) Allowance Act No. 6245, dated 10.02.1954 of Article 33 paragraph (b) "in the Prime Ministry Inspection Board President, Member, Expert Consultant, Expert and Specialist Assistants," to come after the phrase "Judges Prosecutors and the Board of Inspectors, "the phrase was added.

(2) Motor Vehicle Act No. 237 dated 01/05/1961 (1) the timeline of the "Supreme Head of the Board of Judges," the phrase "vice president High Council of Judges and Prosecutors, as amended.

(3) dated 06.27.1989 and No. 375 in the first paragraph of Article 3 of Decree-Law addition to the "Council of State," to come after the phrase "the High Council of Judges and Prosecutors," the phrase was added.

(4), dated 08/05/1991 and numbered 3717 cases follow the path that the State Judicial Personnel and Compensation Expense Grant Funding Law No. 492 of the Act on the Repeal of Article 2 of the first sentence of the first paragraph of Article A of the "State Council" after the phrase to come ", the High Council of Judges and Prosecutors" phrase was added.

(5) of Law No. 5018 dated 10.12.2003 and attached to the Public Financial Management and Control Law (I) of the ruler to come after the order of Article 6 "7) the High Council of Judges and Prosecutors" and other sorts attached to the phrase is supplemented accordingly.

(6), dated 05/13/1981 and numbered 2461 with the addition and changes to the Law on the High Council of Judges and Prosecutors have been abolished.

(7) legislation, Law No. 2461 is repealed by this Act references to the relevant provisions of this Act shall be construed.

Budget allocation, service units and regulations to become operational

PROVISIONAL ARTICLE 1 - (1) to the Board until the budget allocated;

a) The Board's expenses are met from the budget of the Ministry.

b) the Board's services in order to fulfill the building, vehicles, equipment, fixtures and equipment, such as all the necessary support services are provided by the Ministry. In addition, Law No. 4301 dated 6/8/1997 İşyurtları Prisons and Prison Authority was established by Law on the Establishment and Administration of the expenditure budget be made İşyurtları Authority.

(2) service units to operate until the Board;

a) Secretariat services shall be carried out by the Ministry.

b) Judges and public prosecutors of the open and hidden registers, personnel files, disciplinary, criminal and inspection of documents related to where they will continue to be maintained. These documents, the service units to operate at the latest within six months following the proceeding be transferred to the Board.

(3) the regulations prescribed in this Law, within one year from the date of entry into force of the law are removed. These regulations, ranging from the current regulations are not contrary to the provisions of this Act shall continue to be.

(4) within one year from the date of entry into force of this Act, introduced in Article 43 of the accompanying material (1) list of staff appointments will be, will be limitations in the budget law.

Financial and retirement benefits with

PROVISIONAL ARTICLE 2 - (1) the relevant laws, until the necessary regulations, judicial inspectors recognized the benefit of all the financial and social rights, the Board inspectors.

(2), dated 05/07/2010 and numbered 5982 amended by Law Amending Certain Articles of the Constitution of the Republic of Turkey in accordance with Article 159 of the Constitution created the Supreme Council of Judges and Prosecutors elected members, provisional Article 4 of Law No. 5510 of those within the scope of, pension rights and obligations; temporary Article 16 of Law No. 2802 covered by the Supreme Court shall be determined on the basis of head of department.

Removing the condition of those which are decided on the profession

Provisional Article 3 - (1) established by Law No. 2461 High Council of Judges and Prosecutors, judges and prosecutors on the sentence extraction rights, the profession, for the abolition of this penalty before an administrative lawsuit, the Board within sixty days from the date of entry into force of this Act should apply.

(2) of the General Assembly, upon application duly made, at the end of a file will review, upon request, the applicant in person or through counsel in the defense by taking a written or oral, shall decide the application acceptance or denial.

(3) If the adoption of the application;

a) The abolition of the previous decision,

b) the Judges and the prosecution sought admission to the profession and the judicial qualifications Unsaved concerned, provided that the profession re-appointment of the prosecutor's office,

c) Removing the sentence previously given profession subject to another disciplinary action be provided due to disciplinary action it deems fit to action,

decides.

(4) against decisions that are made in accordance with the second and third paragraphs, the President or relevant, within ten days from the date of notification, the General Assembly may request re-examination. Re-examination at the request of the decisions are final.

(5) The second paragraph in accordance with the final decisions regarding the rejection of the proposal, demanding cancellation of the Council of State referred to in the first instance court. This case is considered urgent matters. Is beyond judicial review decisions made under the third paragraph.

Effect