scholarly journals Legal Confıscatıon as a Property Rıght Issue in Turkey

2021 ◽  
Vol 9 (3) ◽  
pp. 429-448
Author(s):  
Yavuz Guloglu
Keyword(s):  
Property Rights ◽  
Public Space ◽  
Public Service ◽  
Public Services ◽  
Private Property ◽  
Legal Regulation ◽  
Property Right ◽  
The Public ◽  
Service Areas ◽  
The Right

Zoning plans are drawn and written texts prepared as a result of planning activities according to the characteristics of the region in order to meet the social, cultural, human and economic needs of a settlement and to show a safer and more regular development of the place. The property rights of individuals can be restricted by means of the plans prepared by the administration to create livable, orderly and modern living spaces. While the zoning plans are being prepared, the immovables allocated for public services should first be selected from public lands and if these immovables are not sufficient for the places to be allocated to the public service areas, the immovables subject to private property should be allocated to the public service and these areas should be expropriated by the administrations to be allocated on their behalf. The Zoning Law No. 3194 in Turkey is the basic regulation of the zoning law. In the Zoning Law, there is a regulation that the parcels allocated to public services in the zoning plans will be expropriated within five years. However, if the expropriation of the immovables is not completed within the time specified in the legal regulation, the owner who is deprived of his right to dispose of the immovable, is unfairly burdened with a heavy burden. The concept of "legal confiscation" emerges when the property right of the owner of the immovable is restricted for many years only by allocating privately owned immovables to public space in the zoning plans without any actual intervention by the administration. Since the administrations responsible for expropriation mostly avoid this obligation, the procedures established by the administration for planning constitute a disproportionate and unfair intervention in the property rights of the immovable owners. In this study, the definition of the concept of legal confiscation in Turkey, its elements, the remedies for ending the interference with the right to property will be explained, the procedures and principles to be considered during the judgement will be explained by giving examples from the judicial case-law and the decisions of the European Court of Human Rights, and solution proposals will be presented.Keywords: Legal Confiscation; Construction Plan; Property; Contravention Tuntutan Hukum sebagai Permasalah Hak Properti di Turki Abstrak.Undang-undang Zonasi No. 3194 di Turki adalah peraturan dasar dari undang-undang zonasi. Dalam UU Zonasi, ada aturan bahwa persil yang dialokasikan untuk layanan publik dalam rencana zonasi akan diambil alih dalam waktu lima tahun. Akan tetapi, jika pengambilalihan barang-barang tidak bergerak itu tidak selesai dalam waktu yang ditentukan dalam peraturan perundang-undangan, maka pemilik yang dirampas haknya untuk membuang barang-barang tidak bergerak itu, dibebani secara tidak adil dengan beban yang berat. Konsep "sita hukum" muncul ketika hak milik pemilik barang tidak bergerak dibatasi selama bertahun-tahun hanya dengan mengalokasikan barang-barang milik pribadi ke ruang publik dalam rencana zonasi tanpa intervensi nyata dari pemerintah. Karena sebagian besar administrasi yang bertanggung jawab atas pengambilalihan menghindari kewajiban ini, prosedur yang ditetapkan oleh administrasi untuk perencanaan merupakan intervensi yang tidak proporsional dan tidak adil dalam hak milik pemilik tak bergerak. Dalam penelitian ini akan dijelaskan pengertian dari konsep sita hukum di Turki, unsur-unsurnya, upaya penyelesaian untuk mengakhiri campur tangan terhadap hak milik akan dijelaskan, prosedur dan prinsip-prinsip yang harus dipertimbangkan selama penilaian akan dijelaskan dengan memberikan contoh-contoh dari kasus hukum peradilan dan keputusan Pengadilan Hak Asasi Manusia Eropa, dan proposal solusi akan disajikan.Kata Kunci: Penyitaan Hukum; Rencana Pembangunan; Properti; Kontravensi Юридическая конфискация как проблема права собственности в Турции Абстрактный.Закон о зонировании № 3194 в Турции является основным постановлением закона о зонировании. В Законе о зонировании есть положение, согласно которому участки, выделенные для общественных услуг в планах зонирования, будут экспроприированы в течение пяти лет. Однако, если отчуждение недвижимой вещи не завершено в сроки, указанные в правовом регулировании, на собственника, лишенного права распоряжаться недвижимой вещью, несправедливо возлагается тяжелое бремя. Понятие «юридическая конфискация» возникает, когда право собственности владельца недвижимой вещи ограничивается в течение многих лет только путем отнесения частной недвижимой собственности к общественным местам в планах зонирования без какого-либо фактического вмешательства со стороны администрации. Поскольку администрации, ответственные за экспроприацию, в большинстве случаев избегают этого обязательства, процедуры, установленные администрацией для планирования, представляют собой несоразмерное и несправедливое вмешательство в имущественные права владельцев недвижимого имущества. В этом исследовании будет объяснено определение концепции правовой конфискации в Турции, ее элементы, средства правовой защиты для прекращения вмешательства в право собственности, а также будут объяснены процедуры и принципы, которые должны быть рассмотрены в ходе судебного решения, с помощью примеров из будет представлена судебная практика и решения Европейского суда по правам человека, а также предложения по их решениям.Ключевые слова: Конфискация; План Строительства; Собственность; Правонарушение

scholarly journals KINERJA LEMBAGA PERWAKILAN RAKYAT DAERAH (Studi Deskriptif Kualitatif Di DPRD Kota Bengkulu)

2015 ◽  
Vol 1 (2) ◽  
Author(s):  
Harius Eko saputra
Keyword(s):  
Mass Media ◽  
Public Service ◽  
Public Services ◽  
Research Seminar ◽  
Factors Affecting ◽  
The Public ◽  
Current Implementation ◽  
The One ◽  
The Right

Almost every day, in various mass media, especially in newspapers, it is found that there are so many complaints and unsatisfactory opinions from the community, as the customer, towards the current implementation of public service. These complaints and unsatisfactory opinions can describe how bad the quality of the current public service is, which is benefited by the community. It may be the right time for the community to be treated as citizens, who will have rights and give priority to their rights for being served afterwards. They are not anymore being considered as clients who previously have no any choice in choosing and in determining what kind of service that they really want to. There are so many results from research, seminar and writings that are conducted by experts in which their works talk about the implementation of a good and qualified public service. Currently, however, the qualified public service has not yet implemented as should have been. The implementation of public service still acts as however it please to be and only emphasize on its own interest without considering the consumer’s importance as the party that should really be served as well as possible. For this reason, a research, which is done in Service Integrated Unit of the Jember Regency, tries to find out any factors affecting quality of the public services. The main core of the public service implementation is the quality of norm of the service executor. The matter that should be realized is that the executor is the person who should serve for the community, and the community is the one who should be served as well as possible.Keywords: Implementation of public service, legislatif

Choice and Voice – A Review

2008 ◽  
Vol 7 (2) ◽  
pp. 255-265 ◽  
Author(s):  
Ian Greener
Keyword(s):  
Social Policy ◽  
Public Service ◽  
Public Services ◽  
Political Process ◽  
The Political ◽  
Service Users ◽  
The Public ◽  
The Social ◽  
The Right ◽  
The Relationship

‘Choice’ and ‘voice’ are two of the most significant means through which the public are able to participate in public services. Choice agendas position public service users as consumers, driving improvements by choosing good providers over bad, which then thrive through greater allocations of funds as money follows their selections (Le Grand, 2007). Choice-driven reforms tend to be about trying to make public services more locally responsive (Ferlie, Freeman, McDonnell, Petsoulas and Rundle-Smith, 2006). Voice-driven reforms, on the other hand, tend to position public service users as citizens, suggesting an emphasis on accountability mechanisms to drive service improvements through elections, with the possible removal of low regarded officials, or a greater involvement of local people in the running of services (Jenkins, 2006). Voice implies that citizens hold the right to participate in public services either through the political process, or through their direct involvement in the running or delivery of the services themselves. Of course, it is also possible to combine choice and voice mechanisms to try and achieve greater service responsiveness and accountability. In this review, choice reforms will be treated as those which are based upon consumer literature, and voice reforms those based upon attempting to achieve greater citizenship.Citizenship and consumption are two areas with significant literatures in their own right, but whereas the citizenship literature is widely cited in the social policy literature, the consumption literature appears rather more selectively. This review examines each area in turn in terms of its application to social policy, and then presents a synthesis of commonalties in the two literatures, which represent particularly promising avenues for exploring the relationship between public services and their users.

scholarly journals Alternative Service Delivery Arrangements at the Municipal Level in Slovenia and Croatia

2011 ◽  
Vol 9 (1) ◽  
pp. 67-83 ◽  
Author(s):  
Božo Grafenauer ◽  
Mirko Klarić
Keyword(s):  
Service Delivery ◽  
Public Service ◽  
Public Services ◽  
Local Level ◽  
Legal Regulation ◽  
Rapid Expansion ◽  
Public Private Partnerships ◽  
The Public ◽  
Local Public Services ◽  
Goods And Services

There has been extensive development and rapid expansion of alternative forms of public service provision at the local level in Slovenia and Croatia over the last twenty years. During that time, the private sector began to be intensively involved in performing public service activities and in investment financing for the public infrastructure construction, i.e., by the gradual introduction of the new forms of cooperation between the public and private sectors. However, the new Public-Private Partnership Act, which came into force in Slovenia in 2007 and in Croatia in 2008, signified a milestone in the legal regulation of alternative forms of public service delivery. The Act introduces European comparable arrangements and forms of public-private partnerships that can be either contractual or equity-based. Within public services, local public goods and services are mostly provided by public enterprises and institutions, and by awarding public service concessions. Other forms of public-private partnerships primarily include some forms of build-operate-transfer project financing. KEYWORDS: • local authorities • local self-government • local public services • public-private partnerships • concession • Slovenia • Croatia

Space, Property, and Propriety in Urban England

2002 ◽  
Vol 32 (4) ◽  
pp. 549-569 ◽  
Author(s):  
Vanessa Harding
Keyword(s):  
Property Rights ◽  
Public Space ◽  
Middle Ages ◽  
Private Property ◽  
Property Market ◽  
Commercial Development ◽  
The Public ◽  
Fundamental Part ◽  
Space Property ◽  
Legal Procedures

The public space in medieval towns and cities was shaped and influenced by the private spaces that surrounded it. The private was, like the public, a complex domain; many interests coexisted there. The pressures of population gowth and commercial development fragmented individual holdings and created overlapping layers of claims to particular spaces. Neighbors' interests also impinged; the enjoyment of the private was far from exclusive. Elaborate codes of property rights and legal procedures evolved as a fundamental part of urban custom. When the property market declined in the later Middle Ages, however, practices changed, and new ways of defining and describing private property emerged.

scholarly journals The Right Of Ownership Of The Ukrainian People And The Right Of State Ownership Of Natural Objects And Their Resources

2019 ◽  
pp. 164-174
Author(s):  
V.A. Martyniuk
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Private Property ◽  
State Ownership ◽  
The State ◽  
Special Importance ◽  
Legal Regime ◽  
The Public ◽  
Natural Objects ◽  
The Right

The article presents the analysis of the ownership of natural objects and their resources through understanding and correlation of the property rights of the Ukrainian people and the state property rights. Different scientific approaches to understanding the property rights of the Ukrainian people are analyzed. Emphasizes on the public aspect of the legal regime of property of the Ukrainian people. It is substantiated that the recognition by the legislator of natural objects and natural resources as objects of property of the Ukrainian people confirms and points to the special importance of such objects for the life of the whole society. At the same time, the property of the Ukrainian people was not declared as exclusive. Natural objects and their resources may be public, communal and private property. In our opinion, the thesis about the equivalence of the property rights of the Ukrainian people and the state property rights, which is grounded in separate scientific researches, is not correct. The property rights of the Ukrainian people and the right of state ownership differ in their nature and mechanisms of legislative regulation. The state, as a subject of state ownership of natural objects and their resources, is on an equal footing with other entities. In the article, on the basis of legislative prescriptions, the subjects of exercising the property rights of the Ukrainian people and state property rights are identified. The differences in the system of such entities are indicated.  

Equità, efficienza e diritti di proprietà

1989 ◽  
Vol 7 (3) ◽  
pp. 173-190
Author(s):  
Giuseppe Clerico
Keyword(s):  
Public Policy ◽  
Property Rights ◽  
Imperfect Information ◽  
Private Property ◽  
Consumer Welfare ◽  
Market Failures ◽  
Private Property Rights ◽  
The Public ◽  
Set Up ◽  
The Right

Abstract Because of the market failures private property rights not always are such to obtain socially acceptable outcomes through the exchange. To guarantee social welfare the policy maker usually limits the property rights. Such limitations concern: the existence of the private property rights in itself; the right of transferring and exchanging the above mentioned; the right of discretionary use of the private property.The restrictions to private property rights are motivated by efficiency and equity. On the efficiency side the public policy can be set up by three reasons: presence of externalities; existence of imperfect information; difficulties to coordinate economic activity and exchange.Efficiency and equity are obviously affected by any restriction of the property rights. We face the fact that often the equity aim is not a universal aim but instead a particular one restricted to some social group. On the equity side public policy claims its right to intervene particularly when the right holder earns pure profits limitative of the consumer welfare and exploits his market power.Any restriction to private property rights is either a source of benefits for people not paying the relative cost or a cause of cost for people not enjoying any benefit. Ideally it would be necessary either to levy a tax or to give a subsidy in order to bring back the initial welfare conditions. This rarely happens above all because of tangled effects and transaction costs.

CONSTITUTIONAL AND TRANSLATIVE ACQUISITION OF RIGHTS IN THE CONTEXT OF THE DOCTRINE OF OWNERSHIP TRANSFER

2017 ◽  
Author(s):  
Myroslava Hudyma ◽  
Keyword(s):  
Property Rights ◽  
Property Right ◽  
Legal Capacity ◽  
Close Attention ◽  
Ownership Transfer ◽  
The Right ◽  
Qualitative Characteristics

Within the framework of the general doctrine of constitutive and translational acquisition of rights, the publication made an attempt to identify their suitability for describing the phenomenon of ownership transfer. The general characteristics of translational and constitutive acquisition of rights are analyzed, their differences are highlighted, and it is emphasized that the specified types can cover such legal situations as full transfer of the right (the right as a whole), and transfer of a part of powers (as components of the certain right). The paper underlines that the differences between the types of acquisition of rights are not so much quantitative (one jurisdiction or their complex is transferred), as qualitative characteristics and such issues are especially relevant in the spectrum of research on the transfer of ownership as a right that includes a triad of powers. Close attention is paid to the construction of constitutive acquisition of right, the possibility of use of which is extremely controversial, due to the overwhelming denial of the correctness of separation and alienation of a separate authority from ownership right, because the approval of the latter will lead to theoretical dissonance on the existence of incomplete (split ownership). It is emphasized that the application of the construction of the transfer of authority can take place in different shades of meaning and be combined with the right alienation, and without it. Therefore, the construction of right granting without alienation of the right is quite viable. Moreover, the transfer of one or even several powers of the owner is not only practically possible, but also necessary to establish limited property rights on the basis of full property right (ownership right). However, it is noted that in these cases, the acquirer will not receive the right of the alienator as a whole, but only certain legal possibilities of behavior in relation to a particular good. The legal capacity of the acquirer will not coincide with the legal capabilities of the alienator in content and scope, and therefore to talk about the transfer of ownership is incorrect, only a certain authority (powers) of the owner will be transferred, provided its (their) separation admissibility. The paper concludes that the specifics of property rights, which forms a triad of indivisible powers, determines the possibility of applying the construction «transfer of ownership» only to cases of translational acquisition of right, in which the acquirer receives a right identical to the right of the grantor both in content and volume.

On Westminster

2017 ◽  
Author(s):  
R. A. W. Rhodes
Keyword(s):  
Public Service ◽  
Comparative Politics ◽  
Textual Analysis ◽  
Public Services ◽  
Primary Sources ◽  
Area Studies ◽  
The Public ◽  
Parliamentary Government ◽  
British Commonwealth

This chapter is not an example of comparative politics but of area studies, a field that is descriptive, cultural, historical, and contextual, seeking to analyse a country or region. The chosen area is the dominion countries of the British Commonwealth. The chosen method is the textual analysis of primary sources: speeches, writings, evidence to inquiries, and interviews by heads of the public services. This chapter analyses how the heads of the public services articulate the traditions of ‘constitutional bureaucracy’ found in Westminster systems of parliamentary government and selectively draw on past understandings to understand present-day changes. It describes traditions under challenge that reshape reforms as reforms reshape them. In each case, it is not a question of ‘in with the new, out with the old’, but of ‘in with the new alongside key components of the old’. The myths and legends of yore remain germane to the modern public service.

scholarly journals John Anderson, Viscount Waverley, 1882-1958

1958 ◽  
Vol 4 ◽  
pp. 306-325
Keyword(s):  
Public Service ◽  
The Public ◽  
Left Behind ◽  
The Right

The Right Honourable Sir John Anderson, O.M., 1st Viscount Waverley of Westdean, died in St Thomas’s Hospital, London, on 4 January 1958 at the age of 75, after a lifetime of public service. Few men have filled so many public posts of the highest importance and of such bewildering variety. No one who has covered so wide a range has ever, surely, left behind a record of so many difficult tasks carried through to a successful conclusion. But when this record of a lifetime’s work is set out, it is not the variety of his achievement which leaves the deepest impression. John Anderson had certain outstanding qualities of intellect and character: and the development of these qualities and his determination to use them for the public service, give to his whole life a singular degree of unity.

scholarly journals The influence of common property rights on forest management policy: a case study in Sardinia region, Italy

2012 ◽  
Vol 56 (1) ◽  
pp. 16-26 ◽  
Author(s):  
Alessandro Paletto ◽  
Isabella De Meo ◽  
Fabrizio Ferretti
Keyword(s):  
Forest Management ◽  
Property Rights ◽  
Common Property ◽  
Private Property ◽  
Local Development ◽  
Management Policy ◽  
Private Forests ◽  
The Public ◽  
The Common

Abstract The property rights and the type of ownership (private owners, public domain and commons) are two fundamental concepts in relationship to the local development and to the social and environmental sustainability. Common forests were established in Europe since the Middle Ages, but over the centuries the importance of commons changed in parallel with economic and social changes. In recent decades, the scientific debate focused on the forest management efficiency and sustainability of this type of ownership in comparison to the public and private property. In Italy common forests have a long tradition with substantial differences in the result of historical evolution in various regions. In Sardinia region the private forests are 377.297 ha, the public forests are 201.324 ha, while around 120.000 ha are commons. The respect of the common rights changed in the different historical periods. Today, the common lands are managed directly by municipalities or indirectly through third parties, in both cases the involvement of members of community is very low. The main objective of the paper is to analyse forest management differences in public institutions with and without common property rights. To achieve the objective of the research the forest management preferences of community members and managers were evaluated and compared. The analysis was realized through the use of the principal-agent model and it has been tested in a case study in Sardinia region (Arci-Grighine district). The analysis of the results showed that the categories of actors considered (members of community, municipalities and managers) have a marked productive profile, but municipalities manage forests perceiving a moderate multifunctionality. Moreover, the representatives of the municipalities pay more attention to the interests of the collectivity in comparison to the external managers. They also attribute high importance to environmental and social forest functions.

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