DUE TO EPIDEMIC COVID-19 PERIODS OF JURISDICTION ARE SUSPENDED UNTIL 30/04/2020. 26 March 2020
DUE TO EPIDEMIC COVID-19 PERIODS OF JURISDICTION ARE SUSPENDED UNTIL 30/04/2020.
Due to hazard of Corona Virüs, in order to prevent forfeiture in the jurisdiction, a regulation has been brought regarding suspending periods of jurisdiction with provisional article which is added to legislative proposal numbered 196. The regulation brought by this provisional article will enter into force after its publication in the Official Gazette and information about this regulation is given below;
1. WHICH PROCEEDINGS AND TRANSACTIONS PERIODS ARE SUSPENDED? FROM WHICH DATE? UNTIL WHEN?
- All periods related to originate, use or termination of rights including periods of litigation, enforcement proceedings, application, complaint, objection, warning, notification, submission and limitation, foreclosure and mandatory administrative application periods, from 13/03/2020 (this date is inclusive),
- periods determined for parties and periods determined by the judge in Administrative Jurisdiction Procedures Law numbered 2577, Criminal Procedure Law numbered 5271, Code Of Civil Procedure numbered 6100 and other laws including procedural provisions, from 13/03/2020 (this date is inclusive),
- periods of mediation and conciliation, from 13/03/2020 (this date is inclusive),
- periods determined in Enforcement and Bankruptcy Law numbered 2004 and other laws regarding code for quashing; all execution and bankruptcy proceedings except those related to maintenance payments, transactions of parties and proceedings, having new requests for enforcement and bankruptcy proceedings, transactions for execution and enforcement of the provisional attachment decisions, from 22/03/2020 (this date is inclusive)
are suspended until 30/04/2020 (this date is inclusive).
2. DOES SUSPENDING OF PERIODS IS RETROACTIVE?
- i) All periods related to originate, use or termination of rights including periods of litigation, enforcement proceedings, application, complaint, objection, warning, notification, submission and limitation, foreclosure and mandatory administrative application periods; ii) periods determined for parties and periods determined by the judge in Administrative Jurisdiction Procedures Law numbered 2577, Criminal Procedure Law numbered 5271, Code Of Civil Procedure numbered 6100 and other laws including procedural provisions; iii) Periods of mediation and conciliation are suspended retroactively from 13/03/2020,
- Periods determined in Enforcement and Bankruptcy Law numbered 2004 and other laws regarding code for quashing; all execution and bankruptcy proceedings except those related to maintenance payments, transactions of parties and proceedings, having new requests for enforcement and bankruptcy proceedings, transactions for execution and enforcement of the provisional attachment decisions, are suspended retroactively from 22/03/2020.
3. HOW WILL SUSPENDED PERIODS START?
Suspended periods will continue from the day following the end of its suspending. As of the start date of the suspending period, periods whose deadlines are fifteen days or less than fifteen days, periods shall be deemed to be extended for fifteen days starting from the day following the end of its suspending. As of the start date of the suspending period, periods whose deadlines of more than fifteen days, shall continue from the day following the end of its suspending as it remained.
4. IS IT POSSIBLE TO EXTEND THE TERM OF SUSPENDING?
In case that the outbreak continues, suspended periods determined by the provision of this law may be extended once by the President, not to exceed six months. If an extension decision is made in this direction, it shall be published in the Official Gazette.
5. WHICH PERIODS ARE OUTSIDE THE SCOPE OF THE SUSPENDING DECISION?
With aforesaid provisional article, periods which are outside the scope of the suspending decision are determined as;
- periods of limitation regulated in laws for crime and punishment, misdemeanour and administrative sanction, disciplinary imprisonment and duress of imprisonment,
- periods regarding protection measures regulated in the Criminal Procedure Law numbered 5271,
- periods regarding transactions whose provisional remedy is not been completed, regulated in the Code Of Civil Procedure numbered 6100.
6. WHAT WILL BE DONE IF DECLARED SALE DAY IS IN TERM OF SUSPENDING?
In case that sale day declared by the enforcement and bankruptcy offices regarding goods or rights is in the term of suspending, new sale day for these goods or rights shall be given by the enforcement and bankruptcy offices after the term of suspending without a new request. In this case, the sales announcement will only be made electronically and there will be no fee for this announcement.
7. WHAT WILL BE HAPPEN ABOUT PAYMENT MADE CONSETINGLY DURING THE TERM OF SUSPENDING?
Payments made consentingly during the term of suspending are accepted, and parties may request to make transactions which are in favour of the other party.
8. WHAT ARE EFFECTS OF TERM OF SUSPENDING TO CONCORDATUM?
There is no hesitation that respites and periods related to the concordatum will be within the scope of the term of suspending, due to the fact that it is regulated in Enforcement and Bankruptcy Law numbered 2004. In addition to this, it also has been regulated with provisional article that results of the concordatum respites continue in terms of creditors and debtors during the term of suspending.
9. WHO WILL MAKE REGULATIONS ABOUT HEARINGS AND NEGOTIATIONS DURING TERM OF SUSPENDING?
During the term of suspending, including the postponement of hearings and negotiations, all measures to be taken and their procedures and principles, according to their purview, shall be determined by;
- relevant Board of Presidents in respect to Court of Appeals and Council of State,
- Council of Judges and Prosecutors in respect to courts of first instances of original and administrative jurisdiction, regional courts of justice and regional administrative courts,
- Ministry of Justice in respect to justice services.
Services carried out in enforcement and bankruptcy offices, penal institutions and notary's offices are included in the scope of the justice services.
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