scholarly journals Limited Real Rights of Foreigners in Turkey

2019 ◽  
Author(s):  
Adnan Deynekli
Keyword(s):  
Foreign Trade ◽  
Geographical Region ◽  
The Third ◽  
The Republic ◽  
The Right ◽  
Council Of Ministers ◽  
Republic Of Turkey ◽  
Rate Type ◽  
Real Estates

Foreigner is a person who does not have any citizenship with the Republic of Turkey. According to the third paragraph of Article 35 of the Deed Law, the Council of Ministers/President of the Republic, in the interests of the country, is entitled to define, limit and prohibit, the limited real rights of the foreign real persons and foreign trade companies, in terms of country, person, geographical region, time, number, rate, type, quality, square measurement and amount. To entitle the Council of Ministers/President of the Republic to limit and prohibit the use of limited rights of the foreigners, may be contrary to Article 16 of the Constitution. The limited real rights are the usufruct rights (TCC 794), the right of residence (TCC 823), the right of construction (TCC 837) and the right of pledge and immovable load (TCC 839). It may be established the right of usufruct, right of construction and immovable load in favor of foreigners in Turkey who can acquire real estates. It may be established pledge rights without being subject to restrictions in favor of foreign real and legal persons.

TYPES OF OVERWORK AND JOBS THAT CANNOT BE OVERWORKED WITHIN THE FRAMEWORK OF THE LABOR LAW NO. 4857

2021 ◽  
Vol 6 (14) ◽  
pp. 67-81
Author(s):  
Altuğ YENGİNAR
Keyword(s):  
Labor Law ◽  
Working Hours ◽  
Human Right ◽  
International Human Rights ◽  
Right To Work ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Almost All ◽  
Republic Of Turkey

The right to work has been recognized as a fundamental human right in almost all international human rights documents and in the constitutions of many countries. This right has been recognized and guaranteed as a fundamental human right also in the Constitution of the Republic of Turkey. However, not only recognizing and guaranteeing "work" as a fundamental human right but also regulating its implementation and functioning within the framework of laws is of great importance. The concept of overwork is a concept that has been mentioned in the Labor Law regarding the implementation and functioning of the concept of work and it is regulated in our Labor Law No. 4857. In order to talk about overwork, a limited working time is required. In this context, upon determining the maximum number of hours a worker can work per week by drawing a limit on working hours in Labor Law No. 4857, overwork, which is the subject of work exceeding this period, is defined. Furthermore, the types of overwork that arise depending on the reasons for overworking, as well as the jobs that cannot be overworked, are regulated in the same Law.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

scholarly journals REGULACJA PRAWNA INTERPELACJI POSELSKICH W SEJMIE ŚLĄSKIM W LATACH 1922-1939

2016 ◽  
Vol 11 (2) ◽  
pp. 60
Author(s):  
Józef Ciągwa
Keyword(s):  
Legal Regulation ◽  
Specific Procedure ◽  
The Republic ◽  
The Right ◽  
Council Of Ministers

LEGAL REGULATION OF INTERPELLATIONS IN THE SILESIAN PARLIAMENT IN THE YEARS 1922-1939 Summary Article 14 of The Constitutional Act of 15 of July 1920 on Silesian autonomy granted the Silesian Parliament an important instrument of control of the administration of the autonomous voivodship in the form of the right to interpellate the Voivode and Voivodship Council. A specific procedure of the execution of this right was to be determined by the Silesian Act on the Internal Government of the Silesian Voivodship. However, the Silesian Parliament was not able to pass such legislation and the manner of interpellation was determined – as adopted in the form of parliamentary resolutions – by the Rules of the Session of the Silesian Parliament (of 13 October 1922; 31 January 1923; 17 June 1930; 11 March 1936). Each particular set of these rules of the session referred to the rules of the session of the Parliament of the Republic of Poland. The reception of all-Polish rules of interpellation concerned obviously only the basic rules, as the specific decisions (e.g. concerning the interpelled organs; the scope of support given to interpellation; the terms) were naturally different. The uncritical use of all-Polish patterns of interpellation led to the Silesian Parliament being granted upon The Rules of the Session of 17 June 1930 the right to interpellate the Council of Ministers; and to the removal of The Voivodship Council from interpellated organs – upon The Rules of the Session of 11 March 1936. These solutions were contrary to Article 14 of the Constitutional Act of 15 July 1920 on the Silesian Autonomy. The Silesian Rules of the Session, adopted 11 March 1936, formed according to The Rules of the Session of the Parliament of the Polish Republic (of 5 October 1935) contained some solutions which were contrary to the classic solutions of the interpellation procedure: facultative debate over the interpellation and reply; disposing the Parliament of the right to pass a resolution on whether to accept or not the Voivode’s reply. These solutions did not favour the effectiveness of the interpellation process.

scholarly journals Partie tworzące koalicję Zjednoczonych Patriotów (2016− 2019) wobec mniejszości tureckiej i Republiki Turcji

2021 ◽  
Vol 30 ◽  
pp. 269-285
Author(s):  
Katarzyna Fijołek-Kwaśniewska
Keyword(s):  
Radical Right ◽  
National Front ◽  
The Third ◽  
Populist Radical Right ◽  
National Movement ◽  
The Republic ◽  
The Individual ◽  
Republic Of Turkey

The aim of this paper is to identify the individual political elements of the United Patriots’ coalition. The nationalist electoral alliance formed in 2016 by Attack, the IMRO -Bulgarian National Movement and National Front for the Salvation of Bulgaria took a part of the third Boyko Borissov government. Starting this new partnership with the populist radical right, the GER B has resigned from promoting EU values, including minorities’ rights, much more than before. This coalition established xenophobia and making racists statements as a standard of Bulgarian parliamentary discussion. Its attitude towards the Turkish minority in Bulgaria and the Republic of Turkey shows hostility and prejudice.

Exploring the Legality of the Constitutional and Independence Referendums in Nagorno-Karabakh under International Law

2020 ◽  
pp. 1-30
Author(s):  
Saeed Bagheri
Keyword(s):  
International Law ◽  
Self Determination ◽  
Territorial Integrity ◽  
Autonomous Region ◽  
The Third ◽  
The Republic ◽  
The Right

As a result of the constitutional referendum held on 20 February 2017 in the unrecognised Nagorno-Karabakh Republic, both the name and administration of the autonomous region of Nagorno-Karabakh changed. According to the new Constitution, adopted with an 87 per cent majority, Nagorno-Karabakh’s name is now the Republic of Artsakh, its Armenian name, and the system is changing from semi-presidential to presidential. This study discusses the legality of the referendum, the third since Nagorno-Karabakh was established in 1991; it evaluates the referendum in the context of the secession and the right to self-determination in international law. Having looked at similar cases, the article challenges the compatibility of all referenda held in the region with the uti possidetis juris principle and principle of territorial integrity under international law.

scholarly journals Reasons for the Movement of Female Immigrants to the Republic of Turkey: Research and Analysis

2019 ◽  
Vol 85 ◽  
pp. 14-20
Author(s):  
Oksana Koshulko
Keyword(s):  
Female Labor ◽  
Important Thing ◽  
The Third ◽  
Criminal Organizations ◽  
Female Immigrants ◽  
The Republic ◽  
Married Female ◽  
Republic Of Turkey

The article presents the results of studies on reasons why female immigrants coming to Turkey as well as basic problems for married female immigrants in Turkey. The article has presented several groups of female immigrants and reasons why female immigrants coming to Turkey. The first group were married female immigrants who gave their reason for coming to Turkey as marriage; the second group were female labor immigrants who came to Turkey seeking work; and the third group were females who wanted to work but they were, or may have been, members or victims of criminal organizations. According to the results of the article, female immigrants face many challenges in the country, within their families and in outside society. Female immigrants, who are considering living in Turkey for any length of time or even for forever, should understand and analyze all possible difficulties and challenges that may arise in their lives in Turkey. At the same time, the country holds wonderful prospects for developing female immigrants and the most important thing is for them to find the means of benefitting from all that is offered.

scholarly journals REVITALISASI SISTEM PEMERINTAHAN DESA DALAM PERSPEKTIF UNDANG-UNDANG NO. 6 TAHUN 2014 TENTANG DESA DI PROVINSI SUMATERA BARAT

Jurnal HAM ◽  
2016 ◽  
Vol 7 (1) ◽  
pp. 21
Author(s):  
Donny Michael Situmorang
Keyword(s):  
Rural Community ◽  
Qualitative Method ◽  
Legal Framework ◽  
Customary Law ◽  
The Third ◽  
West Sumatra ◽  
Funds Management ◽  
The Republic ◽  
The Right ◽  
The Village

AbstrakBerangkat dari Nawa Cita ketiga yaitu “membangun Indonesia dari pinggiran dengan memperkuat daerah-daerah dan desa dalam kerangka Negara Kesatuan Republik Indonesia” dan kesadaran untuk melaksanakan amanat Undang-Undang Nomor 6 Tahun 2014 tentang Desa. Tujuan penelitian ini untuk mengetahui pengakuan hak atas asal usul masyarakat desa serta melihat peta keragaman kesiapan kelembagaan desa dan fisibilitas mengenai pengelolaan dana desa, dengan menggunakan metode kualitatif. Dari data lapangan dapat disimpulkan bahwa Undang-Undang No.6 Tahun 2014 tentang Desa berupaya mengkoreksi kesalahan-kesalahan Negara dalam mengatur desa dan masyarakat hukum adat. Undang-Undang desa ingin mengembalikan hak asal usul yang melekat pada desa adat untuk mengurus kehidupan masyarakat hukum adat dan pengurusan wilayah masyarakat hukum adatnya (hak ulayat). Negara perlu memberikan sarana dan prasarana kepada setiap lembaga adat agar lembaga adat dalam mengelola masyarakat adat serta adat istiadatnya dapat berjalan dengan baik. Untuk itu, perlu ada payung hukum untuk menampung keistimewaan desa adat dibeberapa daerah. Selain itu juga, perlu diatur secara khusus didalam peraturan perundang-undangan mengenai penetapan anggaran khusus terhadap lembaga-lembaga adat, sehingga lambat laun keberadaan lembaga adat ini tidak akan hilang.Kata kunci: Revitalisasi, Pemerintahan Desa, Sumatera Barat.AbstractBased on the third Nawa Cita it is “to build Indonesia by strengthening areas and villages within the framework of The Unitary State of the Republic of Indonesia” and awareness to implement the Act No. 6 2014 about Village. The purpose of this research is to know the recognition of the origin of rural community rights and to look at the map of the diversity of Village institutional readiness and feasibility on the village funds management, by using the qualitative method. From the data the field we can conclude that the act of no.6 year 2014 village about trying to emend state mistakes in regulating village and community adat law.The act of village want to restore the right of the origin of attached to customary village to take care of the lives of the customary law and management of the region of law community custom (unalienated rights). The state needs to give of facilities and infrastructure to every customary institutions that create a conducive customary in managing indigenous people as well as customary to take place. For that, there should be a legal framework for accommodate village customary privileges of several regions .It is also, needs to be regulated specifically in the legislation regarding the stipulation of a special budget against customary institutions, so which gradually customary the existence of this institution will be lost.Keywords: Revitalization, Village Administration, West Sumatra

scholarly journals X-RAY OSTEOMETRY OF SOME LINE PARAMETERS OF THE MIDDLE PHALANGES OF THE HAND IN CHILDREN AND ADOLESCENTS IN TERM OF DIFFERENT AGE AND ETHNICITY

2021 ◽  
Vol 29 (1) ◽  
pp. 34-42
Author(s):  
Sergei V. Matyushechkin ◽  
Nadezhda N. Mikryukova
Keyword(s):  
Children And Adolescents ◽  
Ethnic Groups ◽  
Western India ◽  
Middle Phalanx ◽  
The Third ◽  
Fourth Finger ◽  
The Republic ◽  
The Right ◽  
Nonparametric Correlation ◽  
The Relationship

The aim of the study is a comparative analysis of the linear parameters of the length and width of the diaphysis of the middle phalanges in children and adolescents of Tajikistan and Western India, and also the possibility of using these linear parameters to establish the age of children of the compared ethnic groups. On 325 radiographs of the right hand in male children and adolescents of the Kanibadam region of the Republic of Tajikistan and the city of Mumbai (Western India) at the age of 6-17 years, the length of the middle phalanges and the width of their diaphysis were determined. To determine the relationship between the age of children of the compared ethnic groups and the linear parameters of the length and width of the shaft of the phalanges, Spearman's nonparametric correlation coefficient was used. Comparative assessment of the values ​​of indicators by age was carried out by the method of parametric and non-parametric analysis. In boys of Tajikistan, the closest correlation was established between the age of children and the length of the middle phalanx of the third finger, while in their Indian peers this ratio was determined evenly for the II-IV fingers of the hand. The width of the diaphysis of the phalanges of the fourth finger increased most significantly with age in boys of Tajikistan, and in the Indians, the width of the third finger, the smallest increase in the width of the diaphysis in the compared groups was determined for the phalanges of the second finger. The linear parameters of the middle phalanges of the hand can be used to identify the age of children and adolescents in Tajikistan and Western India at the age of 6-17 years. For Tajik children, the best predictor of age is the linear parameter of the length of the middle phalanx of the index, and for their Indian peers, the length of the middle phalanx of the II-IV fingers is equally.

scholarly journals Otman Baba as the Organic Intellectual of the Turkmen-Yoruks

2021 ◽  
Vol 136 (3) ◽  
pp. 161-175
Author(s):  
U. Sinan ◽  
Keyword(s):  
Comparative Analysis ◽  
Social Structure ◽  
Ottoman Empire ◽  
The Third ◽  
Sunni Islam ◽  
The Republic ◽  
Organic Intellectual ◽  
Republic Of Turkey

The article examines a social structure of the Ottoman Empire based on the classification and comparative analysis of groups of intellectuals in accordance with the concept of an organic intellectual. On the basis of the analysis of the image of Otman Baba, the intellectual feature of the nomadic Turks is revealed. It necessary to note that three different intellectual groups are representing three different layers. The first of these are the intellectuals of the ruling bloc. These intellectuals go through historical transformations and continue as ulema (theologians). These intellectuals, the sheikhs, are the bearers of the Sunni Islamic ideology. The second type of intellectuals consists largely of the apostles (Ahis) that represent the craftsmen in the cities and the workers in these branches of crafts. The Ahis have an ideology that cannot be explained, with Islam only and Sunni Islam in particular. The third type of intellectuals is the abdals that are the intellectuals of the TurkmenYörük, who are the main oppressed class of the society. These three types of intellectuals can be explained with the concept of organic intellectuals. Otman Baba is the best example to describe the organic intellectual of Turkmen-Yoruks. Sheikh Bedreddin was unfortunately attributed to his place. Another phenomenon is the continued existence of the Ottoman sovereign to continue to block the period of the Republic of Turkey intellectuals. I define these intellectuals with the concept of “sedimentary intellectuals”.

scholarly journals REVITALISASI SISTEM PEMERINTAHAN DESA DALAM PERSPEKTIF UNDANG-UNDANG NO. 6 TAHUN 2014 TENTANG DESA DI PROVINSI SUMATERA BARAT

Jurnal HAM ◽  
2016 ◽  
Vol 7 (1) ◽  
pp. 21
Author(s):  
Donny Michael Situmorang
Keyword(s):  
Rural Community ◽  
Qualitative Method ◽  
Legal Framework ◽  
Customary Law ◽  
The Third ◽  
West Sumatra ◽  
Funds Management ◽  
The Republic ◽  
The Right ◽  
The Village

AbstrakBerangkat dari Nawa Cita ketiga yaitu “membangun Indonesia dari pinggiran dengan memperkuat daerah-daerah dan desa dalam kerangka Negara Kesatuan Republik Indonesia” dan kesadaran untuk melaksanakan amanat Undang-Undang Nomor 6 Tahun 2014 tentang Desa. Tujuan penelitian ini untuk mengetahui pengakuan hak atas asal usul masyarakat desa serta melihat peta keragaman kesiapan kelembagaan desa dan fisibilitas mengenai pengelolaan dana desa, dengan menggunakan metode kualitatif. Dari data lapangan dapat disimpulkan bahwa Undang-Undang No.6 Tahun 2014 tentang Desa berupaya mengkoreksi kesalahan-kesalahan Negara dalam mengatur desa dan masyarakat hukum adat. Undang-Undang desa ingin mengembalikan hak asal usul yang melekat pada desa adat untuk mengurus kehidupan masyarakat hukum adat dan pengurusan wilayah masyarakat hukum adatnya (hak ulayat). Negara perlu memberikan sarana dan prasarana kepada setiap lembaga adat agar lembaga adat dalam mengelola masyarakat adat serta adat istiadatnya dapat berjalan dengan baik. Untuk itu, perlu ada payung hukum untuk menampung keistimewaan desa adat dibeberapa daerah. Selain itu juga, perlu diatur secara khusus didalam peraturan perundang-undangan mengenai penetapan anggaran khusus terhadap lembaga-lembaga adat, sehingga lambat laun keberadaan lembaga adat ini tidak akan hilang.Kata kunci: Revitalisasi, Pemerintahan Desa, Sumatera Barat.AbstractBased on the third Nawa Cita it is “to build Indonesia by strengthening areas and villages within the framework of The Unitary State of the Republic of Indonesia” and awareness to implement the Act No. 6 2014 about Village. The purpose of this research is to know the recognition of the origin of rural community rights and to look at the map of the diversity of Village institutional readiness and feasibility on the village funds management, by using the qualitative method. From the data the field we can conclude that the act of no.6 year 2014 village about trying to emend state mistakes in regulating village and community adat law.The act of village want to restore the right of the origin of attached to customary village to take care of the lives of the customary law and management of the region of law community custom (unalienated rights). The state needs to give of facilities and infrastructure to every customary institutions that create a conducive customary in managing indigenous people as well as customary to take place. For that, there should be a legal framework for accommodate village customary privileges of several regions .It is also, needs to be regulated specifically in the legislation regarding the stipulation of a special budget against customary institutions, so which gradually customary the existence of this institution will be lost.Keywords: Revitalization, Village Administration, West Sumatra

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