ABSTRACT

Article I of the Convention for the Protection of Human Rights and Fundamental Freedoms stipulates that the high contracting parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I. Thus the contracting parties could not escape their obligations under the Convention in cases when they exercise their authority in foreign countries or transfer the powers to the UN or NATO. The article aims to shed light on international responsibility derived from the application of the Convention outside the territory to which the Convention applied.

ABSTRACT

The article examines constitutionality of limitations on freedom of expression in light of the scope and functions of free speech in modern societies and develops a framework for a comprehensive theory of heightened scrutiny for legitimacy of criminal sanctions restricting speech acts and communicative actions. Within this framework doctrines and methodology of free speech protection and the values on which protection of free speech is based in the USA and under Art. 10 of the European Convention of Human Rights have been comparatively been considered, discussed and related to some Turkish legal controversies. The scope is to propose further guiding principles limiting restrictions on free speech.

ABSTRACT

After the Law of Misdemeanor's enforcement (no:5326), jurisdiction of suits filed against administrative fines, has been in charge the local criminal courts, instead of administrative courts. Notification records and declarations have a different legal nature of the administrative fines. In our study, notification records which are established by Investor Protection Fund are subjected, as an example. The notification records should be the subject of administrative judicial authorization, because their subject is the notification of the public claims to their concerned and because they have been established in accordance with the Procedure regarding the Code of Collection of Public Claims numbered 6183. Administrative courts, should evaluate if the records are executive or non-executive. Executive processes of the administration are subject judicial review. Cases brought against non-executive processes are rejected in preliminary investigation. Notification records occasion the collection in force process started and lay concerned persons under obligation. In this case, notification records are executive administrative processes which are different from the administrative fines; the examination of the merits of the case is a necessity.

ABSTRACT

Before and during the World War II era Turkey’s economy was based on agricultural production. The economic structure of the new Republic was inherited from the Ottoman period. Although there were industrial reform initiatives by the government, they failed to reach intended levels on time, and therefore, agricultural production continued to be the core of the economy. Consequently, a significant portion of the government’s tax revenue was based on agricultural production yields. In 1925, Ashar (tithe), a tax levied directly to agricultural output by taking a portion of produce, was abolished. Ashar was a heavy burden on the peasant masses, who constituted the significant segment of the population; and with the abolishment of Ashar the government did not only aim to provide an economic relief for poor peasantry, but also aimed to ease the reaction to the liquidation of the ancient regime, and to reinforce public support for the newly founded Republic. The revocation of Ashar however, together with the government’s failure to develop non-agricultural sectors of economy, caused a considerable decrease in tax revenues. In order to re-establish a balance of government’s revenues and public expenditures several new taxes were introduced and rates of some existing taxes were increased. Despite these efforts the economic structure gradually degraded with the outbreak of the World War II; sustaining the major cities and the army of a million people became increasingly difficult. Hence, the government introduced a range of new financial duties under the National Protection Act (Millî Korunma Kanunu). Subsequently, in 1943, the Agricultural Produce Tax Act (Toprak Mahsulleri Vergisi Kanunu) was enacted, which was widely interpreted as the return of Ashar.
This article examines the taxes and quasi-financial obligations on agricultural production during the World War II period. It focuses on the legal and political qualifications and sociological consequences of the regulations and the financial obligations.

ABSTRACT

Art shapes the creative part and it completes the social side of the humans. Therefore in every era, the artists have mentioned all the things in which a society nobody could dare to tell, they provoked the masses and sometimes they carried the role of educators. On the contrary, the states have used the art for their sake and mostly they have limited it. However, the freedom of art has gained recognition in most constitutions. This article discusses the character and the limitation problem of the freedom of art, according to the 1982 Constitution of Turkey, compared partially to the German Constitution. The freedom of art should be absolute. The only limit for the freedom of art should be the human dignity and the others’ rights. But even in this case, it should be decided according to every particular situation.

ABSTRACT

Global trade is substantially based on facilities served by intermediaries during the process of supply and demand. Intermediary may be under principal's direct control or may itself be an independent enterprise. In the said process, commercial agent as a "self employed" intermediary, serves with continuing authority to negotiate and conclude such transactions on behalf of and in the name of its’ principal. Since the commercial agent fulfills the requirements of the principal’s commercial expectations, the relationship between commercial agent and the principal is totally different than those in labor contract or any other contract that may lead to empower to act on someone’s behalf. Therefore the relationship is accepted to constitute a commercial relationship in every legal system however the concept and the meaning attributed to commercial agent is diverse in different national laws. The subject of the rights and duties (obligations) that is derived from commercial agency contract consequently may vary from one legal system to another. Herein this paper, a comparative analyze upon commercial agency term and contract that unites the rights and obligations of commercial agent is selected as an aim. In this manner, provisions stipulated in European Union Law and European Law particularly in German "Handelsgesetzbuch" and Swiss "Obligationenrecht" will be compared with Turkish Trade Law currently in force and new provisions codified by Law 6102 which is going to be in force by 1st of July, 2012.