The Suspension Period of Jurisdiction and Its Effects on Other Durations

The suspension period, issued on the Clause 1 from the provisional Article 1 of Law No. 7226 on the Amendment of Certain Laws (“Law”), except for the periods of mandatory administrative application stipulated in the Public Procurement Law No. 4734, have been extended in accordance with the Presidential Decree No. 2480 dated April 29  (“Presidential Decree”), from (included) April 30,2020 to (included) June 15,2020 (to be re-evaluated in case of sooner disappearance of the epidemic’s disease)  in order to prevent the spread of Covid-19 epidemic in our country and to prevent the loss of rights that may arise in the field of jurisdiction.

In pursuit of the taken decisions, HSK General Assembly convened on the 30/4/2020 with an extraordinary agenda and has made the following decisions unanimously;

  • It has been decided to ensure participation of the parties by making use of the information technologies as much as possible based on the investigation and prosecution proceedings regarding the detainee files.
  • It has been decided to there will not be a matter of situation such as complete cessation of judicial services during the suspended period and it has been decided the works and processes in the courthouses will not be stopped.

Which Legal Periods Has Suspended?

  • All legal periods regarding the establishment, exercise, or abolishment of a right such as filing a lawsuit, initiating of execution proceedings, application, complaint, objection, warning, notification, submission and lapse of time, period of prescription and mandatory administrative application periods,
  • The periods which is granted to the parties under Law on Criminal Procedure, Law on Civil Procedure, Procedure of Administrative Justice Code and the other codes including procedural provisions and all the limitation periods determined by the Judge within this scope,
  • The periods regarding alternative solution methods such as mediation and conciliation,
  • The periods regulated under the Law on Execution and Bankruptcy and other laws regulating execution proceedings regarding the execution law,

have been suspended.

For Which Date Range Have the Periods Suspended?

With the aforementioned decision of extension, all periods except for Executive and Bankruptcy Law, have been suspended between 13 March and 15 June 2020, and the enforcement process periods have been suspended between 22 March and 15 June 2020.

Will a New Duration Be Given in Case of the Suspension of the Sooner Expiration Dates?

As of the start date of the suspension period, periods which is their deadlines of 15 days or less will be deemed extended for fifteen days (from June 16th) starting from the day following the termination of the suspension period.

Which Periods Will Continue to Process?

  • Periods of limitation on crime and punishment, misdemeanors and administrative sanctions, and disciplinary and preventive detentions,
  • Protection measures regulated under the Law on Criminal Procedure,
  • Actions complementary to provisional injunctions regulated under the Law on Civil Procedure,

will not be suspended.

Is the Suspension Date of Hearings Extended?

  • The hearings in the Judicial and Administrative Courts of First Instance, as well as the Regional Courts of Justice and Regional Administrative Courts were suspended by HSK until 15 June 2020.
  • The authority to suspension of hearings in the Supreme Court and the Council of State will be decided by the Council of Presidents.

Are the Suspension Periods Certain?

Depending on the course of the outbreak, it is possible suspension periods to be changed. The course of the virus threat will determine the schedule on this issue.

°°° Source:http://www.adalet.gov.tr/

Respectfully submitted,

ÇELİKBAŞ LAW OFFICE

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