Arslan, Kahan

In this study, first of all, which properties have the characteristics of public property and how to gain these characteristics are examined. Then, the rules of utilization of the public properties in the light of dominant principals are determined.

Arslan, Kahan

In this study, first of all, the optimal taxation principals are determined as a fundament of the legitimacy of taxation. Then, the importance of the concept of public weal in terms of using of the taxation power is highlighted and the approach of the Constitutional Court's decisions to public weal on the basis of the taxation is examined

Arslan, Kahan

Bu çalışmada, önce bir kavram olarak insan onuru tanımlanmaya çalışılmış ve insan haklarının kaynağı olarak insan onurunun evrensel niteliği üzerinde durulmuş; sonra genel olarak koruma tedbirleri incelenmiş ve son olarak da koruma tedbirleri bağlamında temel bir ilke olarak insan onurunun korunması üzerine bir değerlendirme yapılmaya çalışılmıştır.

Arslan, Kahan

At the states aiming of the rule of law principle, it is required to compensate thedamages emerged from the usage of public forces. Within that context; whilst thejudges and public prosecutors carrying out their judicial activities by using the publicforce if they cause damage, the state should compensate that damage came out ofmisconduct of the officials. That obligation, first of all, derived from Article 40 (3) ofthe Constitution. The same Article also regulated that the compensation paid to theinjured party by the state that obliged to pay, it has the right to recourse that to theofficial who caused to damage in question. It is regulated that under which circumstances the judges could be held personallyresponsible for their judicial activities at related provisions of the 6100 Law of CivilProcedure, the 5271 Law of Criminal Procedure and the 2802 Law of Judges and Pub- lic Prosecutors. In the light of these regulations, if the compensation paid by state as a conse- quence of an individual application, the civil liability of the judge arises. The right ofrecourse the compensation to the responsible judge is inherent at the principle ofrule of law. However; at the current regulations there is no provision related to the authorisedcourt for the case of recourse. Moreover, there is also no provision about the case ofrecourse that whom it should be addressed to whether the first instance courts judgeor the appeal courts judges, or to both.In that work we will analyse those two probable legal gaps and will make somepoints.

Arslan, Kahan

-