Die Gründe der Nichtwahl (German Edition)

Unless the sacrifices are not substitute for court awards in the fullest sense mutual, one cannot speak of an amicable and therefore must be governed by procedural settlement but of waiver, acceptance, release, law6. II, Ankara, , p. Extrajudicial settlements must be the existence of a will impeding cause The contract, it is the legal relationships which parties may conclude an amicable settlement constitute the subject matter of such contract If this is the case, the parties can exercise their power of disposition relationship between the parties shall be freely Besides, amicable settlement is out of governed not by the court award but the question in non-contentious jurisdiction.

The validity of extrajudicial settlement 1. If, during the course of a lawsuit, the Amicable settlement can be judicial or parties inform the court that they have extrajudicial. Extrajudicial settlements have the concluded an amicable settlement agreement characteristic of contracts governed by the law and if they submit such agreement to the court, of obligations, and are of atypical nature; thus then it is entered into records that the agreement no requirement as to form is stipulated Therefore, What is more relevant in terms of procedural it is advisable to make the settlement in written law is judicial settlement.

Judicial settlement is for the purpose of convenient provability; along an amicable settlement which is reached during with that, it is accepted that extrajudicial the course of a pending lawsuit, i. In other words, extrajudicial According to this opinion, it is imperative that settlement agreements can also be proven by judicial settlements are concluded before the witness if the value of dispute is less than the court. In other words, it is argued that amicable monetary evidence threshold or if the value of settlement agreements concluded out of court dispute is higher than said threshold but there is cannot be considered as judicial settlement on an exception allowing for the hearing of a the mere grounds that an extrajudicial witness According If the dispute, which is resolved through to another, more prevailing opinion, it is argued extrajudicial settlement, is higher in value than that an extrajudicial settlement will turn into a the evidence threshold, but the amount settled judicial settlement as soon as the amicable amicably is less than the evidence threshold, settlement agreement is submitted to the court then it is required to prove the amicable and entered into records by the court In contrast, procedural session.

As can be seen, what is regulated in the CCP is judicial settlement. The contents of a The relation between amicable settlement and settlement agreement submitted to court are not alternative means of dispute resolution is very required to be entered into records, since the close, for any resolution reached by such means contents of documents enclosed to the records is, in essence, an amicable settlement After having mutual sacrifices by the parties for the entered into records, the records must be signed resolution of a dispute.

Therefore, an alternative by the parties. If, during the course of a will be of extrajudicial nature, while it is lawsuit, the parties inform the court that they possible to turn an extrajudicial settlement into have concluded an amicable settlement a judicial settlement34 or into reconciliation agreement and if they submit such agreement to minutes as set forth in the Attorney Law If resolution is frequently highlighted in both the there is nothing deficient or if a hearing must be CCP and Law on Mediation, as well as in the held in order to be able to detect any preambles thereof.

In this context, the judge is assigned the After having examined the conditions of duty to encourage amicable settlement between legal action and preliminary objections, the the parties at the stage of preliminary judge shall schedule a hearing date for examination, as discussed in more detail below. The invitation to 2. The duty of the judge to encourage hearing shall instruct the parties to make their amicable settlement between the parties at preparations for an amicable settlement.

The the stage of preliminary examination hearing date for preliminary examination shall 2. Envisaged as a stage that must be amicable settlement Preliminary examination can be carried out 2 After having identified the matters in with or without a hearing. Further, it is set forth that the judge may parties present at the hearing. Investigations schedule a new hearing date for once if found will be carried out on the basis of these records.

Same article provides that, at the 4 Preliminary examination shall be end of a preliminary examination hearing, it completed in a single hearing. If amicable settlement is documents that need to be called up from other reached during preliminary examination, the places. In case the parties fail to satisfy the records will serve as amicable settlement above within the 2-week period, it shall be document For settlement at the stage of preliminary instance, a divorce suit cannot be concluded by examination is set forth as a compulsory duty of amicable settlement, but an amicable settlement the judge40, i.

As known, the former Code of Civil Procedure Nr. See 40 In doctrine, Umar argues that, in cases where it is http: See amicable settlement is out of place should not give http: According to the second opinion53, it is the If the parties should file legal action at a partial acceptance or waiver made subsequent future date about the same matter and on to amicable settlement which puts an end to a grounds of the same cause, the legal force of lawsuit.

Amicable settlements nothing but the amicable settlement itself which made before court can be enforced just like puts an end to a lawsuit; meaning that nothing court decisions Debt Enforcement and else is necessary to end a lawsuit. According to the first opinion which prevails in Turkish law55, amicable settlements made 2. Decision by the court subsequent to before court will not conclude a lawsuit on its amicable settlement, force and consequences own, but only after the court passes a judgment of judicial settlement on basis of an amicable settlement.

Subsequent to an amicable settlement, the Amicable settlements made before court in a court may pass following judgments: If an amicable settlement is the dispute and suspicion between the parties is bound to a condition, the judgment which the resolved and their substantive relationship is court will pass on basis of such amicable rearranged according to the provisions of settlement will not constitute a final judgment amicable settlement These can be basically listed as below But if come to an end once an amicable settlement is the parties want a judgment be passed made.

But in doctrine, the question as to the according to the amicable settlement agreement, transaction which actually ends the lawsuit is the court shall pass a judgment accordingly. Along with agreement they have made, such judgment will that, the parties may also agree about payment constitute a final judgment both in the of litigation costs in the amicable settlement substantive and formal sense But if the parties do not want that the judgment contains the contents of the amicable References: Auditing is a significant management function for both private and public sector. Internal audit as a type of audit has a critical role in increasing organizational success.

Municipalities implement the internal audit through various methods such as compliance, performance, information technology and system audit in order to provide organizational success and transparency. This study analyzes inter- nal audit practice in Anchorage Municipality, located in Alaska in United States of America, as a public sector example. The main research question in this article is whether the internal audit unit is successful in Anchorage Municipality. In addition, at the end of the study, Internal Audit practice of Anchorage Municipality has been suggested especially to the Metropolitan Municipalities in Turkey.

Internal Audit, Anchorage Municipality, Transparency. Introduction productivity, in the examination of the transac- tions of fiscal nature, and in the provision of Audit is a theme as a major management tool feedback to the organization through a monitor- for both private sector and public administra- ing of the system and information technologies.

It has been discussed from various aspects In the countries with strong performance of from past to present and methods have been local administrations in general and of munici- introduced on it during long years. With its el- palities in particular, internal audit is managed ementary idea grounded on the extent of com- institutionally through various methods in order pliance with planned activities and laws, audit for the achievement of both organizational suc- is a process that requires to dwell and to spe- cess and public information.

The subject of internal audit handled in tional standards and judicial system of related this study does not only quest the performed countries. This study primarily explains internal transactions' compliance with laws but it also audit in addition to analyzing the internal audit plays a main role in the assessment of the relat- practice of the Municipality of Anchorage in ed organization's performance in line with the the Alaska state of the United States.

According to the Institute of Internal Audi- tors, compliance is defined as cohesion to the plan, politics, procedure, laws, arrangements, 2. Internal Audit in Municipalities agreements and other necessities [4]. In other words, compliance audit is a control system 2. Internal Audit aiming to determine the implementers' extent of observance to the goals and rules introduced by Internal audit is a mission of supervision per- the organization, as part of which the outcomes formed by auditors that are inspected by the are submitted to the administrative executives administration and work as a part of the related [5].

The core point in the compliance audit is to organization. This mission is based on provid- check to what extent the organization's acts ing reports to the organization's administration comply with laws, and whether or not the or- with the goal of defining the problems it could ganization adapts the plans of its activities. The overcome and resolve, and providing assistance question to be asked at this point is what will for a well-functioning of its activities or opera- happen when a non-conformance is spotted.

If the non-conformance which is the first official definition, internal is confirmed to be causing public damage, the audit is a function of review and independent auditor also chooses samples and reveals the evaluation of the accounting, finance and other damage caused. In the event that the damage institutional activities that seek to serve the ad- cannot be fastened, then the auditor indicates ministration [2]. The definition of internal audit the reasons [6].

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International Standards of value and improve an organization's operations. Internal audit can, therefore, not be Performance audit, a tool of change in public dissociated from the administration and its out- administration, contributes to the development comes are of great importance with regards to of public administration in terms of both effi- showing the success or failure of the admin- ciency and effectiveness. As is seen, perfor- istration. Types of Internal Audit cy, effectiveness and productivity, and it in- spects whether or not all the resources used Internal audit can be implemented through with monetary values in economic terms are various methods such as compliance, perfor- utilized properly [9].

In developed countries, mance, information technology and system au- topics such as environment, ethics and equality dit. Financial Audit be existing have all been transferred into ac- counts, Financial audit is the inspection of the finan- - To check if the transactions are extracted in- cial decisions and transactions of public admin- to accounts with correct amounts, istrations with respect to budget execution [11]. What is essential is to establish for conforms to the periodicity concept, what and within which legal frame the re- - To check if the transactions recorded in ac- sources sent to public administrations have counts are extracted accurately and correctly been spent, and to examine whether or not the in financial statements.

The differ- ence of financial audit from ex-ante controls is The final phase of financial audit involves an the fact that the auditing is performed after the evaluation of the internal control, manifestation realization of practices. Accounting records the of the accuracy of the data, results, accounting income, expenditure and debt relations of a and transactions attained as a result of the audit- public administration as well as the transactions ing, and accomplishment in ensuring the relia- and savings regarding all kinds of goods and bility of the financial system and statements.

Auditing is performed over this data. From this aspect, financial audit is an audit of 2. Information Technology Audit accounting [13]. In- field work and assessment of internal auditing. This is followed by the processing of effectively are fulfilled or not [16]. System Audit subjects such as main features, transaction flows, receivables or payables.

Later in the third The main goal in the system audit is to assess phase, determination of the materiality level the activities and internal control system of the helps ascertain which information will or won't monitored unit by analyzing it on the basis of be included in financial statements. In the final an approach to contribute to the organization; phase of the pre-study, high level risks such as spotting the imperfections if there are any; the accounting system reliability, personnel ex- searching its quality and conformity; measuring perience or pressures on the administration, and to what extent its resources and practiced meth- low level risks such as year-end processes and ods are sufficient [17].

The second phase of financial audit is field work, the first process of which involves a 3. Internal Audit in Municipalities in the US gathering of evidences. This process is per- formed with inventory and counting, recalcula- 3. Legal Basis of Internal Audit in the tions, double-check of the recording system or Municipality of Anchorage review of various documents. Local admin- all policies, plans, procedures and records fi- istration councils in the US have the authority nanced by municipal funds.

Internal Audit Implementation in the audit and auditors [19]. Anchorage Municipali- Municipality of Anchorage ty, the case examined in this study, lists its legal regulations in the executive organ section 3. The main goal of Inter- countability and on whether administrative ac- nal Audit in Anchorage Municipality is to help tivities are audited sufficiently [21]. In this sec- ensure the accurate accountability of the mayor tion, there are also articles binding the internal and municipal administration regarding public audit unit to GAGAS Standards, on the attrib- funds and to increase the efficiency and effec- utes of the director, on employment and dismis- tiveness of the municipal administration within sal, and on the prohibition of political and parti- the bounds of the municipal charter.

For this san activities. The same article states that the reliability of financial records [23]. The data tor writes verbatim the results, findings, rec- of the internal audit plan is requested from the ommendations as well as the answers of the Municipal Council, Mayor and administration administration in his audit report. The prepared plan is then presented to article states that the latest reports should be the municipal audit committee and later to the open to public supervision during work hours Municipal Council for review, commentary, and the sent to the mayor and the council con- and approval.

The contents of the yearly plan currently. Some examples are affective gov- article explains what the administration should ernance aiming to reduce costs, potentials for do if an irregularity is found during the audit. In increasing income, high-risk areas, suspicious this case, the administration shall [22]; corruption or mistakes, the definition of weak audits, and the securing and managing of mu- 1. Submit to the director of internal audit a written re- are research, field study and reporting. Research sponse stating concurrence or non-concurrence with the includes communications with unit personnel, audit findings and action taken or planned under subsec- physical audits, examination of records, and the tion A of this section to correct the reported deficiencies, testing of operations.

In addition, internal audi- suitable for verbatim inclusion in the final report of au- tors control whether internal audit procedures dit; and 3. If the response under subsection B of this section de- are regulated and included in the operations scribes a plan of action, submit to the director of internal appropriately. For this, the documents on field study are shared with the officials at the fixed assets and the inventory on equipment are different levels of the municipal administration. The following findings were reached - Findings and recommendations are reported as a result of these activities [27]; to auditors for examination and feedback.

Annual Inventory Not Performed. Fixed Asset System Lacked Sufficient feedback of the administration and made public. Anchorage Municipality makes its internal 3. Fixed Assets Coded to Wrong General audit reports, findings, and recommendations accessible to the public. This procedure is im- Ledger Accounts. Purchasing Department Not Notified of sponsibility of the municipality.

The internal Disposed Fixed Assets. For example, the The internal audit unit made recommenda- internal audit reports of all areas that fall under tions on negative aspects and presented them to the responsibility of the municipality such as the municipal administration in these 5 clauses Anchorage water and water waste services, mentioned in the report [28]. Similarly, the in- website [25]. The administra- A negative report has been examined in order tion then welcomed the report of the internal to understand the process of internal audit.

The audit unit, stated that the process would take selected negative example adds value to this approximately 6 months, and collaborated with article because it demonstrates the degree to the Anchorage Logistics Department of Alaska which internal audit contributes to the munici- University in order to offer an opportunity to pal administration. The internal audit activity students.

In the report, the unit stated that the examined here in this article had been requested value and amount of fixed assets were not rec- from the internal audit unit by the municipal orded correctly and the sales department was administration. The internal audit unit filed to not given a report on sold assets. In response, the administration the following report dated the administration stated that the fixed asset November 1, , based on the results of the system would be revised. Lastly, the unit found internal audit of the fire department on June- that the official vehicles of the fire department July examined here [26]; were not marked, and the administration stated Records must be taken under Municipality that stickers were placed on official vehicles.

Accord- As Anchorage Municipality Internal Audit ingly, the purchase, donation or construction of Unit reports these negative aspects to the ad- fixed assets must be kept under record in the ministration, it also reports on the positive as- Municipality Comprehensive Annual Financial pects it identified during the internal audit. For Report in order to protect the assets from dam- example, during an internal audit in the January age or presenting information on the assets.

For of , it investigated whether the counting of financial reporting purposes, the fixed assets are parts, fuel and machinery oil in the public categorized as reportable or unreportable, and transportation department was done and includ- this information is recorded on the PeopleSoft ed in financial reports fully. According to the Asset Management Module. Under the light of investigation of the internal audit unit, the in- this information, the audit unit wants to identify ventory procedure was carried out fully [29].

Conclusion and Recommendations accuracy of the internal audit implementations in municipalities in Turkey are questionable. Internal audit plays a clear role in increasing Municipal income and expenditures should be the institutional success of organizations. This shared with the public based on the criteria of success is made possible by the information accountability and transparency.

In this regard, based on unbiased, objective, and accurate municipalities in Turkey should follow the ex- numbers that internal audit reports to the ad- ample of Anchorage Municipality and release ministration. The internal audit implementation regular audit reports on all of their activities as of Anchorage Municipality examined in this well as providing realistic information on their article provides important information on how expenditures. If not, the accountability, trans- internal audit is managed and implemented.

Still, the positive and negative audit reports References examined above functionally show that the in- ternal audit unit of Anchorage Municipality [1] J.

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Challenges, Reforms, And tivities. Bilge and , M. In addition, the municipal admin- Kitabevi: Management, , 26 3 , August. However, the implementation of internal audit [10] http: Bayar, Mali Denetim Nedir? Hall, Information Technology Audit- H3. An Evolving Agenda, Springer: Canada px Accessed on: Dissertation , , p. The regular process of economic activities depends on the integrity between the individuals, entities and institutions that they carry out economic relations. It is important to protect banking secrets, business secrets and customer secrets.

Due to the importance of it, states insert provision into their criminal law. In this scope, th article of the Turkish Criminal Code regulates the crime of explaining information or documents having the char- acteristics of Business Secret, Banking Secret or Customer Secret.

In this study firstly, the legislation provisions and international legal regulations regarding the concept of secret which leads to a concrete crime is assessed. In the second chapter, the Article of Turkish Criminal Code is analysed in accordance with the general theory of crime and general provisions of Turkish Criminal Code and its sides which agreement or disagree with the said principles are put forward.

Although the article of Turkish Criminal Code is regarding a new type of crime, the applicability of the arti- cles has been highly limited and the complexity regarding the subject matter in the legislation has not been cleared because of the deficiencies in the law making method. Introduction competitive capacity of many business organiza- tions and companies and their position in the market as a result of development and complexi- Trade secrets, banking secrets and client se- ty of trade relations owing to technological de- crets have become a factor which determines velopments.

However; Chairmen and members and Fund staff shall not developing market conditions and technological disclose the information which belong to the developments have required a special regulation banks, their affiliates, partners and Clients and for trade secret and imposing sanctions for ex- which they learn during their services to anyone planation and disclosure of the secret or its ille- except for the authorized people in accordance gal usage. People who provide assistance ex- are regarded as trade secret, banking secret and ternally as well as the institutions and their staff Client secret has been put into force under the are also subject to this provision.

If these information or documents are of trade which has been tried to be protected in provided or disclosed to unauthorized people by various manners but does not have any clear def- anyone who get them illegally, this provision inition by suggesting the regulations in laws oth- shall be applied as well. We also aim at examining the ele- be applied for the information regarding scien- ments of this new kind of offense which is also tific discoveries and invention or industrial ap- available in TCC, determining the problems plication.

In this case, no pro- addressing to the similar offenses which are vision of claim shall apply. Material Element Aspect of the Offense with imprisonment from three years up to seven years. In inventions which can be evaluated within the accordance with the 2nd Article of Draft Bill on scope of patent law but are not shared and kept Trade Secret, Banking Secret and Client Secret: Information and doc- organization or the inventor on account of their uments of a business organization or company will or interest4.

All kinds of infor- offender in this offense7. In fact, the law justifies and highlights Therefore, elements of the secret can be listed that the Central Bank officials, civil servants, as the following: Secret can be transferred orally or in other authorities which are legally and clearly written or in digital environment In the ry afterwards Moral Element of the Offense anyone to disclose the secrets through compul- sion or threatening. Therefore, the offense is not committed reck- of TCC is committed while the secret is given or lessly but it is committed directly and deliberately.

If disclosed to unauthorized people. It is also are carried out at the same time, we cannot talk seen in the qualified status which is prescribed about more than one offense. Qualified Status of the Offense real entities and by the authorized board of directors in terms of legal entities. In the 3rd paragraph of the Article which reg- In accordance with the In order to three laws are committed.

Here, the concept of servant does relevant secret shall not emerge as an offense. If more information and documents are disclosed not mean the civil servant as prescribed in the by deliberately exceeding the limitations of the con- 6th Article of TCC. It means people who work sent of the relevant person or the provisions of the with the foreigner and has business relations law, illegality shall continue and it is regarded that with the foreigner Foreigner which is men- the offense is committed.

On the other hand; if the tioned in the provision may be a real entity or limitations are exceeded recklessly, the offense is not legal entity. Compulsion shall not In accordance with the nd Article of Code of change the responsibility of the offender against Criminal Procedure numbered , there is a liabil- ity of providing information for the questions asked the people who acquire this information as a re- by Public Prosecutor, Judge or Court in written dur- sult of their title, duty, occupation or art or who ing the investigation and prosecution of the offenses.

If this liability is fulfilled, this action of the person providing information becomes legal. In fact; in the provisions of each three laws which prescribe the 6. So; if these information and 25th, 26th Articles of TCC, it cannot be said that this documents are given to authorized people based on action is illegal and so it does not constitute any of- the law, it shall not be regarded as illegal and so it fense.

With regard to the offense of disclosure of shall not be regarded as an offense, either. In discipline; it is prescribed in the offense of Firstly; if the victim has consent about the disclo- sure of the secret, this disclosure shall be regarded as disclosure of the information and documents legal and shall not be regarded as an offense because which are regarded as a trade secret, banking undoubtedly, there is no illegality reason. In this case, the consent is phase of attempt if the disclosed person does not required to be given by the person itself in terms of hear, understand or learn that secret in any way.

Limitations which third party, the offense will be regarded as hav- are protected by the th Article of TCC have an economic value in terms of both the secret owner and ing remained in the phase of attempt However; in the th Article of TCC regarding the protection of terms of the writers accepting that the offense is trade secrets and also some expressions which are an incidental offense as prescribed in the first against the fundamental right which is protected.

Because this expression does terms of intellectual session, it is seen that there not provide criteria which show the authority dimen- are many complicated and problematic cases in sion of that authorized person. Article 62 of Turkish Commercial Code must be 4 M. Conclusion Sosyal Bilimler Dergisi Y: In this regard, there is a require- , p. When the data obtained was analyzed, it was seen that findings were grouped under the following themes: According to the findings, it was seen that there were deficiencies in reaching international standards in the context of juvenile delinquency and child-based restorative justice approaches were not settled.

At the end, several suggestions in this regard were presented. Juvenile justice system, social worker, juvenile court. Introduction The juvenile justice system, is different from Children and Crime the criminal justice for its primary focus, which is on children rather than the crime. In Childhood was not a distinct phenomenon in this respect, it is crucial to consider the context the ordinary flow of life, until the discovery of of the child, and to base evaluations on a the printing press.

In Turkey there are reading and writing, and childhood, at the three closed prisons and two reformatories for same time, has become a mandatory life term. The childhood concept was By the year of of , the total number of defined by attending school the 16th and 17th children in conflict with the law, by reports of centuries; and the adolescence phenomenon the security units was , Turkish has been described by the compulsory military Statistical Institute [16] and these children are service in the 19th century [10].

Ministry of Family and Social Policies [15]. The concept of problematic who could not find a place in life that breaks juvenile offenders reflects the existence of their courage, exhibit distressing behaviors for welfare organizations, increasing in the mid- the environment and themselves. Adler 20th century [3]. Childhood phenomenon growing lower stages of the moral development [9].

The concept of justice for activities. Justice for children adult criminal activities and also neglected, services include prevention, diversion, abused and assaulted by adults [10]. In the face rehabilitation, assistance and protection of these changes in childhood phenomenon, measures [19]. The children of abuse and neglect based on the UN Children's Rights Committee emphasizes notion of their vulnerability. Another approach the development of measures for children in can be described as a liberating movement, conflict with the law not only relying on laws rejecting the adult discourse of children under and in a manner which avoids prosecution; and the supervision of adults, regarding the concept the deprivation of the child's freedom should of childhood as an oppressive idea in itself, be the last resort [1].

This movement rejects Juvenile Justice and Juvenile Courts determining the rights of children under the supervision of adults and treating children as The juvenile justice system, in general terms, incomplete adults unable to think rationally represents the child-specific legal area. The and suggesting that adults and children should basic idea and goal of the juvenile justice have equal rights [1,10]. When the modern the ego and superego development, and juvenile justice system is examined; it is seen bringing id under control leads to criminal that for the realization of the basic ideas and behavior [6].

In this respect, it is consisting of experts from areas such as social aimed to reveal the views and perceptions of services, psychology, education, science, field social workers working in Juvenile Courts, in of medicine are formed Turkish Ministry of the Istanbul Caglayan Courthouse on the Justice, Turkish Ministry of Family and Social functioning of juvenile courts.

The juvenile justice system in Turkey has also started to build The present study is designed as a case study similar structures. In Turkey, practice of hiring experts for the In qualitative case study research single or courts was introduced with the Law on multiple cases individuals, organizations, Juvenile Courts Establishment, Duties and groups or environments are examined in Procedures Date: Variables related to a case According to 30th article of this law, environment, individuals, events, processes, appointments of social worker or social worker etc.

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The The small sample size and the number of concept of social workers as defined by the participants characteristic for qualitative Child Protection Act [5] has become research is also required for case studies [25]. According to the five cases should be included in case studies 31th article of the Child Protection Act, social [23]. Following the steps of sample selection worker concept encompasses profesionals that in case study, interviews were conducted with have graduated from institutions of higher six mental health profesionals working in a education on areas of psychological counseling Juvenile Court.

Social First, specific criteria was created for the workers have an important role in the court selection of individuals to participate in the processes conducted on children in the Turkish study. These criteria were a working in a juvenile justice system. In this context, of juvenile court b being a social worker. These social workers responsible and authorized to individuals complying with these criteria were provide consultation to children and families reached by snowball sampling method.

Semi-structured interviews, the trials, provide appropriate both narrow down the range of answers and recommendations to judges about the sanctions enable in-depth explorations [24]. Interview questions, were created by Council of Judges and Prosecutors, Justice researchers relying on the related literature. They for children in conflict with the law. There are judges detention, imprisonment and so on should be intimidating with as regarded as last resort and with the shortest punishment.

Judges possible duration, and the absence of coming from Criminal appropriate legislation for enabling this Courts and Civil Courts approach in Turkey is a condition which is tend to punish more. Opinions of social work can be prison. There such as postponing the should not be strict lines in pronouncement of this regard.

Now you are judgment. What has workers face in the juvenile justice system, changed in one day, so you categories of impunity, penalties and receive a penalty postponing the pronouncement of the judgment provision? In the study, according to data K6: The child needs to applicable… social services but it is not know a crime to implemented. All processes understand its meaning and must go under surveillance.

It is rather an This may change if important issue that measures actually work. Because, there is not assume criminal responsibility on the majority a preventive and restorative of juvenile children regardless of whether they justice system in our can understand the social value of their country. We wait for an behavior and organize and reorganize their event to happen.

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They also found that criminal courts do not although children in the age range of do impose injunctions. According to higher interests of children. The adoption of the results, some professionals stated that the necessary legislative and educational measures injunctions may be funcitonal if they were is considered to be an essential requirement for applied; some others definitely has found these the decisions of the members of the judicial measures dysfunctional.

Assessment Report [22] it was stated that the courts did not control the application of Tablo 3. Alternative Descriptions of the Here we have the measures. For instance, - alternatives. There are the open-door policy similar enough buildings. But we do to open prisons, and not have staff for these. We have measures can be taken under serious problems regarding one roof. And they also need qualifications. Therefore the judicial … all these questions should decisions for these children should be diverse be taken into account; and demonstrate the specific flexible rehabilitation centers and approaches each child and the detention of spaces for realizing children should be measures of last resort.

That is, education, skills training programs and social the existence of a vocational courses should also be applied in environment traditional criminal order to eliminate the causes leading to the structure in the family, crime to some extent. In order to help these friends and social children to be able to integrate into the society environment The level of the example Finland. Therefore, education of welfare. Usually it defining detention as the last resort for children crime comes from poor in the constitution, are steps that need to be families.

The rich do not implemented as soon as possible. Detainee come to the courts children, should be placed in open facilities often. The detention experience harm primary school graduates. Something should develop a sense of belonging to the community. Therefore, in juvenile delinquency, Without school, there is detention of children is recommended to be plenty of spare time, they resorted in the minimum level in the political, are being thrown to social and legal sense; alternative measures everything related to should be diversified considering the cultural criminal behavior.

These findings are criminal court judges. In addition to these, consistent with findings of many studies educational activities, making necessary legal conducted in related fields. Families of Table 5. Opinions of social work the children expected them to finish school and professionals regarding the factors that lead start bringing money home. Many of the children to be associated with the law children left school and started working.

It is not possible for the crime phenomenon to be According to the results of the analysis connected to a single cause as it is seen in the carried out on the data revealing the findings. Suggestions of social work Justice System: In this report, it is suggested that Suggestions Descriptions of the the adoption of evidence-based approaches and on preventing participants organization of programs specific to the the children to individual, and responding to the changing be associated needs of young people would be an important with the law step in preventing crime.

Juvenile justice Improving the K1: If you make social, alternative options, and monitoring educational and cultural mechanisms should be run. The alternative investments in this redirections should be made taking into regions… account the child's needs, and taking the child's If you organize children's consent is another issue that should be given outside-school activity importance. In decisions on children, areas… If you support their conditions that lead to crime, the child's development of their individual circumstances and the severity of professional sense and the crime should be taken into consideration.

Then criminal justice system, its sociological, very large proportion of educational, social, cultural and children will already anthropological dimensions cannot be remain separate from risky sufficiently addressed. Why did we this regard, and to embed child-based taught those and which restorative justice approach into the entire school has such lessons? If justice system; firstly, decision-making you bring the negative into mechanisms of the juvenile justice system the foreground, it obviously should be examined; literature and examples of increase. Suggestions should be examined and measures and for Improvements].

Unpublished [2] Corsini, R. The Case of Antalya ]. Aile ve Commit Crimes? Prevention Models] s Social Workers] Project report. Reform International Head Office. Sage Publications [Children received to the security units Inc. Persons entitled to limited liability who are arranged in the first article of LLMC , are only listed and no definition is contained. Therefore, these persons are defined according to national law in practice.

This study will attempt to determine the applicability of the LLMC and the persons whose liabilities can be limited according to the Turkish Law and will focus on how the responsibility limits of these persons are determined. Introduction Two thirds of the goods in the world is LLMC , which can be considered carried by sea and international maritime plays as one of the most important amongst them, a vital role in global trade.

Functioning of the was signed with the attendance of 34 states maritime industry rising gradually and having a under the leadership of the IMO in London on volume of trillion-dollar without transnational November 19, Eliminating the LLMC, which has become binding for uncertainty in the law to be applied and the Turkey since July 1, was conflict with the unification of the law can be possible only current Turkish Maritime Law. Indeed, while through international agreements. Although it international maritime standards. Convention can be said that the principle of real on Limitation of Liability for Maritime Claims, 1 See the Official Register no dated Fortunately, this contradiction Brussels Convention has increased the liability was resolved with entry into force of the new to high amounts and created an unfair situation Turkish Commercial Code3 No.

At this point, premiums of liability insurances, and came into determining the persons with the right to limit force on LLMC; the Convention shall apply whenever any person referred to in Article 1 seeks to limit Therefore, first of all, the LLMC will his liability before the Court of a State Party or be discussed in general terms in this study, then seeks to procure the release of a ship or other it will be examined that the persons entitled to property or the discharge of any security given the limit liability, who are listed in the Article 1 within the jurisdiction of any such State6.

As it of the Convention are corresponding to which is seen; in order to be able to claim the persons in the Turkish Law. By be mentioned since it does not contain any accepting this provision, it is intended that the amendment on the persons with the right to Convention would be adopted by more states limit the liability. However it should be noted in scope of the same article that the State Party may exclude 2.

LLMC wholly or partially from the application of this Convention8. Deniz Ticareti Hukuku s. As mentioned Article 90 of the Constitution of Turkey Republic; the 2. The ratification of treaties concluded with foreign states and international organisations on behalf of the Republic of Turkey, shall be subject to Assessment in adoption by the Turkish Grand National Assembly by a law approving the ratification. However, any law was not prepared in relation the approval of the LLMC Turkey has gained In addition, with the Article ; since the the title of party only after the lodgment of the provisions of the Convention will be applied approval documents on In this Secretariat of IMO on However, since the Turkish Commercial Code No.

Deniz Ticareti Hukuku, Ankara , C. The term of charterer is not defined either in the Convention. However, if the definition is to be 3. Shipowner made; charterer is the person who receives allocation of ship and has the opportunity to operate it, and therefore, has the liability and should limit this liability.

Concept In English law, the term of charterer is used under the scope of three different contracts contracts and these are called as bareboat charter, time charter and voyage charter Since In accordance with the Article 1 1 of the the voyage charterer and time charterer cannot LLMC, the shipowner may limit his liability have the technical management of the ship in against the claims stated in the Article 2 of the any time, no liability can be attributed to them Convention.

In the text of the Article or within because of the operation of the vessel. In this the context of Convention, the shipowner is not case, only the charterer who charters the ship in defined but the people who will be included in the tenant position in accordance with the this term are listed. Accordingly, the term of charter agreement has the liability and entitled shipowner shall mean the owner, charterer, to limit this liability.

Naturally, the person who has the right of property on the ship shall be understood with 3. As it understood from the Convention, it is sufficient to have only the right of property, in order accepted as the The term manager is used as the equivalent shipowner; how and for which purpose the ship of the expression of manager in the original is used does not matter English text of the LLMC. If the Convention is examined it will be seen that the manager is not It is not clear from the text of Article that the defined.

As there is no special arrangement and measures taken in order to avert or in this issue, an opinion is formed that minimize loss will be considered as the salvage undertaking the technical, commercial and operations. Therefore the persons who serve personnel management of the vessel and directly in performing these activities will be undertaking one or more of them shall not included into the definition of the salvor.

Operator Then, a regulation was made in the form that the liabilities of the persons who carry out the services directly linked to the salvage operations can be limited by considering that One of the persons entitled to limit the most of the salvage activities within the scope liability in the LLMC is the people who are of LLMC are provided from outside of the ship. However, what does the Thus, it has been provided that the persons who concept of operator signify is not disclosed are directly linked to the salvage operations, under the Convention.

However, the ship possessor is limit their liabilities under the LLMC. Therefore, in order not to lead more concept chaos in this point, considering the overall objective of the LLMC, it shall be accepted that, regardless of the capacity, each person plays a part in the 3. Seafarer and operation of the ship is entitled to limit the liability. Salvor whose act, neglect or default the shipowner or salvor is responsible, such person shall be entitled to avail himself of the limitation of liability provided in Convention.

Accordingly, One of the persons listed in the Article 1 1 the persons who are employed by the of the LLMC salvor and it is arranged in the shipowner, charterer, manager, operator, salvor Paragraph 3 that; salvor shall mean any and all other persons who are responsible for person rendering services in direct connexion acts, negligence or faults of these people will be with salvage operations.

In the same article, entitled to limit their liabilities when one of the claims under the Article 2 of the Convention is alleged against them. In the British doctrine; it is accepted that if the 19 Griggs, Williams, Farr, p. Since who will be insurer who insured the liability shall be included in coverage of the Article 1 4 of the protected and shall continue to be benefitted LLMC is not defined clearly, the persons who from the limitation right given by the will be included in this coverage should be Convention.

It is obvious that the limitation determined according to the domestic law in right here will be applied only for the every individual case. Another group of people who have the 4. Conclusion opportunity to limit their liabilities with the Convention is the insurers. The LLMC has clearly authorized the insurers to demand the Being party to the Conventions adopted as a implementation of the provisions of the result of the studies carried out in order to Convention same as the insured with a clear respond the needs of the day in the marine trade statement.

One of the reasons for authorizing and to ensure the establishment of a uniform the insurer to limit his liability is the protection application on the maritime law in the of ship-owners against very high insurance international area allow us to follow the legal premium paid to insurers as the insurer has the and economic development in the world unlimited liability compared to the shipowner What is more LLMC is an important development in the field of limitation of the It can be said that another reason to give a responsibility in our maritime law and has right to the insurer for limiting his liability with played an vital role in the development of our regard to the Convention is, tried to be provided maritime trade.

Because, in Indeed, in the periods, which liability cases where the fact that the insured has no limitation systems had not arisen in the field of right to limit the liability of the insurer, even maritime trade, shipowners had undertaking the though the limited liability of the insured, will unlimited liability they cannot meet with the direct the claimants to make a request directly insurance against the case that unlimited from the insurer and this constitutes a breach of liability is not insured. LLMC has been fairness nature In other with the limited personal liability system in the words, the insurer will not be able to limit his form of limiting the liability with a limited amount of money.

With this code, the aim of application ship nor the rescuing ship. The case was of unity has pursued and only referred to the discussed at the Supreme Court, and with the general provisions of the LLMC, special decision given by the Supreme Court it was stated that the faulty act of the diver is not provisions are regulated separately. With the related to management of the salvor towboat Turkish Commercial Code No. For this reason the opinion that the under the Convention has become even more diver acting separately from the vessel cannot important.

In this respect, according to the Article 1 of the LLMC, which is the subject matter of this References study, the persons entitled to limited liability are shipowner, salvor and any person for whose 1 Ataol, H.: Convention are the insurers who are in a special Deniz Ticareti Hukuku, Ankara , V. Deniz Ticareti Hukuku I: The 9 Ertan, S.: The court accepted the request to limit the 10 Fogarty, A.: Merchant Shipping Legislation, liability of the salvor on the grounds that the Second Edition, Maritime Law, Sixth Edition, London LGBTI movement in Turkey, which constitutes one of the most important social movements of the country in the last decades, has also been among the significant actors pushing the limits of democracy with an agenda focusing not only the demands of the LGBTI community, but also of all the marginalized sections of society.

Since s, when the movement emerged as an organized force for democratization, LGBTI movement developed various strategies to ensure that the members of LGBTI community are directly represented in the managing bodies — from city councils to municipalities as well as in the Parliament. Although none of the candidates was not able to receive sufficient percentage of votes required for entering the Parliament, this process generated various discussions not only in the printed media, but also in social media.

Reactions varied from forthright manifestations of homophobia and hate speech to support and encouragement for the LGBTI community in general. Introduction took many a form, most notably various activities targeting legal reforms, demanding Having started its organized struggle in constitutional rights and interfering in the the late s, LGBTI Lesbian, Gay, election process by means of candidacies by Bisexual, Transgender, and Intersexual the LGBTI activists. The last of such attempts Movement in Turkey have made a significant came prior to the General Elections held on progress in its claim to recognition and equal June 7, , where an LGBTI activist named rights.

Among these media, the face continuous discrimination and are subject social networking site Twitter was the site of to a denial of basic human rights including continuous debates. Given this, the objective of right to live, right to housing, right to work and this paper is to analyse the comments and freedom of assembly and free speech. The second part of Nevertheless, as the relationship the study offers a brief definition of hate between LGBTI organizations and the speech and the relationship between political parties was still far away from dissemination of hate speech and social media.

In addition in an election. We have been organizing and remarks in other fields as well, especially meetings for 20 years, meetings where in the social media in the period before the we basically talk to each other and not elections. But running for the 4. The study covers a period international press.



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On the other hand, of two weeks prior to the elections. The accounts in the press rife with homophobia and tweets included within the scope of the study hatred. Therefore, if any act of crime 5. In this of tweets analysed within the regard, bias can be defined as a condition scope of this study have been classified as whereby the member of a certain group is containing hate speech. Images orientation, gender or any other of Sulu in a peaceful gathering were also fundamental characteristic. People subject to the same treatment. Among these with disabilities may also be victims of tweets, one reads as follows: Considering that sex work is considered a hate crime, the offence often associated with LGBTIs and must meet two criteria: Democracy and Legitimacy in the European Union.

Tidsskrift for Samfunnsforskning , 45 , issue 1 , pp. European Union Politics , 4 , issue 2 , pp. European Union Politics , issue 1 , pp. European Journal of Political Research , 32 , issue 2 , pp. National party systems and the policies of the European Union. First results from the European Elections Study. Il Politico , 90 , issue 1 , pp. Voting behavior in multi-level electoral systems. Ein Vergleich ihrer Entwicklung zwischen und Parteien, Parteiensysteme und politische Orientierungen. The Study of Less Important Elections. The Sage Handbook of Electoral Behaviour.

Does Parties' Supply Matter?. Nationale Parteien oder lokale Kandidaten? Eine Analyse ihrer elektoralen Orientierungsleistung bei der Bundestagswahl Analysen aus Anlass der Bundestagswahl Different Worlds in East and West. Citizens and the European Polity: Schmitt, Hermann, and Angelika Scheuer Silke Keil, Jan W. The electoral consequences of low turnout in the European Parliament elections of Braun, Daniela, and Hermann Schmitt Motive individuellen Wahlverhaltens in Nebenwahlen: The Comparative Study of Electoral Systems.

Partisanship in Nine Western Democracies: John Bartle, Paolo Bellucci Eds. Political Parties and Partisanship. The European Party System after Enlargement. The Legitimacy of the European Union after Enlargement. The Nature of European Issues: Conceptual Clarifications and Some Empirical Evidence. Parlamente, Agendasetzung und Vetospieler. Schmitt, Hermann, and Cees van der Eijk Aleks Szczerbiak, Paul Taggart Eds. Cees van der Eijk, Hermann Schmitt Eds. Claes de Vreese, Hermann Schmitt Eds. How much of it do we have and how much do we need?. Encyclopaedia of European Elections.

Non-voting in European Parliament elections and support for European integration. Wouter van der Brug, Cees van der Eijk Eds. Lessons from the Past and Scenarios for the Future. University of Notre Dame Press. System stran EU po rozsireni na vychod. Lukas Kinek, Jan Outly Eds. Volby do Evropskeho parlametu Sociologicky ustav Akademi ved CR. A European Public Sphere: Comparing the views of parties and voters in the election to the European Parliament. Lessons from the past and scenarios for the future. Party Identification and Party Choice.

A Comparative Study of Modern Democracies. Die Beteiligung der Deutschen an der Europawahl Oskar Niedermayer, Hermann Schmitt Eds. Political Linkage in the European Union. Farrell, Piero Ignazi Eds.

Hermann Schmitt | Mannheimer Zentrum für Europäische Sozialforschung

Political Parties and Political Systems. The Concept of Linkage Revisited. Second-order elections to the European Parliament: Trechsel, Fernando Mendez Eds. The European Union and E-Voting: Addressing the EPs internet voting challenge. Milton Park, Abingdon, Oxon: Left-Right Orientations and Party Choice. Direktkandidaten bei der Bundestagswahl Frank Brettschneider, Edeltraud Roller Eds. Analysen der Wahlergebnisse und des Wahlkampfes. Schmitt, Hermann, and Karlheinz Reif Der Hauptwahlzyklus und die Ergebnisse von Nebenwahlen.. Die politische Bedeutung niedriger Beteiligungsraten bei Europawahlen.

Edeltraud Roller, Frank Brettschneider Eds. The Case of European Unification. Pascal Perrineau, Colette Ysmal Eds. Europe at the Polls. Zur vergleichenden Analyse des Einflusses gesellschaftlicher Faktoren auf das Wahlverhalten: Forschungsfragen, Analysestrategien und einige Ergebnisse. Entwicklung, Befunde, Perspektiven, Daten.

Le Vote des Quinze. Presses de la Fondation National des Sciences Poli. Distinctiveness and Cohesion of Political Parties. Hermann Schmitt, Jacques Thomassen Eds. Partisan Structures in the European Parliament. Schmitt, Hermann, Peter R. Schrott and Michaela Thoma Mode Effects on Open-ended Agenda Questions.

Willem Saris, Max Kaase Eds. Cees van der Eijk, Mark N. Region - Nation - Europa. Political parties in decline?. Citizens and the State. The Case of European Integration. Arbeitspapiere ; 21 ] more. Evidence from the European Elections Study. Mannheim [ Arbeitsbereich II ; 08 ] more.

Thesis Schmitt, Hermann Turnout in the EP elections of Stockholm [ Report ; ] more. Schmitt, Hermann, and Wouter van der Brug Class, religion and the vote in Europe. Class, Religion and the Vote in Europe. The last quarter of a century. The EU party system after eastern enlargement. Wien [ Reihe Politikwissenschaft ] more.

Electoral Systems and Government Arrangements: Second-Order Elections to the European Parliament: Is E-Voting the Solution?. Scholz, Evi, and Hermann Schmitt The Mannheim Eurobarometer Trend File: Mannheim [ Report ] more. Schmitt, Hermann, and Dieter Ohr Leader Effects on the Vote in Germany, - No Engagagemen, No Diffusion? The EU on Social Media. Tale of Two Realignments? The changing relationship between ideological dimensions and party positions towards European integration.

Responding to the crisis: Eurosceptic parties of the left and right and their changing position towards the European Union. Schmitt, Hermann, and Thomas Loughran Understanding Ideological Change in Britain: When to talk about Europe? Selective Europeanization of the EP Elections. Does Campaign Personalization Increase Turnout? Spitzenkandidaten in the European Parliament Elections. The British Election Study: