Turkish Grand National Assembly Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Ombudsman Law

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. KAMU DENETÇİLİĞİ KURUMU KANUNU

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5548.html

Law No. 5548

Acceptance Date: 09/28/2006

SECTION


General Provisions Article 1. Purpose
(1) The purpose of this Act; and real complaints about the functioning of the administration of legal entities, within the framework of qualifications specified in the Constitution of the Republic of Turkey, with all kinds of acts and actions of the administration attitudes and behaviors; in the sense of justice, respect for human rights, law and examine the suitability direction, if necessary, to create the Ombudsman to investigate and make recommendations to the administration.
Scope
Article 2 (1) of this Act, the establishment of an Ombudsman institution, duties and working procedures to the qualifications of the Chief Ombudsman and ombudsmen with the guidelines for the elections to, the personal rights and includes provisions on employee rights and the appointment of the staff.

Definitions Article 3 (1) of this Law;
A) Authority: the Ombudsman,
b) Board: Ombudsman Board,
c) LEAD AUDITOR: Ombudsman of Başdenetçilig the
d) Lead Auditor: Chief Ombudsman, the
d) Auditors Public auditor,
e) General Assembly: Grand National Assembly of Turkey's General Assembly,
f) Presidency: Grand National Assembly of Turkey Presidency,
g) Commission: Turkey Human Rights in the Great National Assembly Petition Committee Evaluation Commission the Joint Commission, composed of members
i) administration: social security institutions and public agencies under the central government, local authorities, local administrations connected administrations, local administrations associations, revolving fund, the fund established by law, the public entity organizations percent of capital more than fifty organizations owned by these subsidiaries and institutions, professional organizations qualifying as public institutions, the private legal persons carrying out the public service, express
.
(2) Human Rights Investigation Committee of the Petition Committee of the Board's Chairman of the Mixed Commission, vice president, spokesman and Secretary of the President of the Petitions Committee, Chairman of the Speaker and Clerk.


SECTION TWO Establishment, Duties and Working Principles Organization

Article 4 (1) In order to fulfill the duties specified in this Act, attached to the Grand National Assembly of Turkey Presidency, public legal entity, a private budget and center Ombudsman Institution was established in Ankara.
(2) The Authority shall consist of LEAD AUDITOR and Assembly.
(3) of the Agency, the Chief of the General Secretary and up to ten auditors, experts, assistant experts and other staff duties.
(4) The Authority may establish offices where necessary.

LEAD AUDITOR Article 5 (1) LEAD AUDITOR consists of Başdenetçi and Başdenetçivekil.
(2) The Corporation is managed and represented by the Chief.

Başdenetçivekil of Article 6 (1) Başdenetçivekil is selected from the auditors by the Chief.
(2) Başdenetçivekil the absence of the Chief would stand in for him.
Ombudsman Board, tasks, meetings and quorum
Article 7 (1) the Board; Chief of Başdenetçivekil consists of and auditors.
(2) The duties of the Board:
a) remove the regulation on the implementation of the Act.
B) preparing the annual report.
C) Annual report on issues deemed necessary without waiting to prepare a special report.
D) Reports to announce to the public.
(3) Chief of the Assembly, chaired by the absence of the Chief Başdenetçivekil.
(4) The Committee will meet with the participation of three-fifths of supervisors chaired by the Chief and members shall take decisions by an absolute majority of the total number.

Working principles of Article 8 (1) Chief of the cooperation between supervisors and oversee the work they are compatible.
(2) auditors, except for the issues to be examined in the Board, subject they are assigned by the Chief and / or areas of work alone and make suggestions.
(3) subject they assigned by the Chief of the auditor and the issues to be decided by the Board and / or the areas and issues related to the implementation of this Act with the principles relating to the division of labor between them, accepted by the Board is determined by a regulation to be put into effect.

Task Article 9 (1) The Authority, on complaints relating to the functioning of the administration, within the framework of qualifications specified in the Constitution of the Republic of Turkey, with all kinds of acts and actions of the administration attitudes and behaviors; in the sense of justice, respect for human rights, law and justice to examine the suitability direction, has a duty to investigate and make recommendations to the administration.
(2) However;

A) A decision signed by the President's own initiative alone his actions and orders,
b) procedures for the exercise of legislative power,
c) acts and actions of the judiciary and procedures relating to judicial activities
three ) are related solely to the military service of the Turkish Armed Forces is outside the remit of the Authority
.

Chief and qualifications of auditors Article 10 (1) Chief inspector or the following conditions are sought to be elected:
a) be a Turkish citizen.
B) on the date of election of the head auditor for 50, be at least 40 years for auditors.
C) four-year education in law, political science, economics and administrative sciences, have graduated from the faculty of economics and business or their equivalence is accepted by the foreign educational institutions.
D) regarding the profession as a registered public company or institution in the nature of professional organizations or public institutions or the private sector have worked for at least ten years.
D) is not deprived of public rights.
E) task that might hinder a continuous body or not disabled by mental illness or body injury.
F) not a member of any political party during the application.
G) 26/9/2004 dated 5237 Turkish period referred to in Article 53 of the Criminal Code passed, even if deliberately committed a crime for six months or more imprisonment for a term or amnesty even though state security, constitutional order and the functioning of this order, national defense, the state crimes against the secrets and crimes against relations with foreign states with espionage or embezzlement, extortion, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy, bid rigging, deed execution of the rigging, asset values ​​of property derived from crime to not convicted of money laundering or smuggling.
Nomination and selection
Article 11 (1) of the end of one term of office of the Chief Auditor or auditor ninety days in advance, for any reason if it ended the situation within fifteen days from the date of termination of the mission shall be notified to the Presidency by the Authority.
(2) during the period of application shall be announced by the Presidency, from which the qualifications specified in Article 10, or who wish to be Chief inspector candidates shall be filed with the Presidency.
(3) The Commission, three candidates from among potential candidates who applied in the selection of Chief Auditor, inspector selection, the application in which candidates from among three times the candidate the number of auditors to be elected from the date that the application period ends notify the office to be presented to the General Assembly by identifying within thirty days .
(4) The General Assembly within thirty days from the date of notification, the Chief Auditor and auditor election begins.
(5) Lead Auditor or auditor are elected by a majority of two thirds of the total number. The first ballot is passed to the second ballot of the majority can not be ensured. The second voting member of the absolute majority of the total number of games the candidate is selected. This voting member can not be ensured absolute majority of the total number of candidates most votes will go to the elections with candidates twice the number of candidates to be elected. the most votes shall be elected provided that the quorum on the third ballot. combined ballot is held for more than one candidate in the case of selection of auditors. Marked by the names of the candidates vote against private use. Votes more than the number of members to be elected shall be deemed invalid.
(6) election, to apply from the date of institution of the Presidency at the latest be finalized within ninety days.
(7) This provision also applies in the case of the Presidency reported that the number of auditors by the Chief sufficient number of inspectors and less of him.
(8) the periods contained in this Article, the Grand National Assembly of Turkey can not be committed during or araver on vacation.

Independence Article 12 (1) of any organ, authority or person can give orders and instructions of the Chief Auditor and related tasks to auditors, or send them circulars, make recommendations or suggestions can be found.

Vows on Article 13 (1) Lead Auditor and auditors tasks at the beginning of the General Assembly shall take their oaths as follows:

"The Republic of Turkey of the existence and independence of the homeland and nation indivisible integrity of the nation and unconditional sovereignty of the Constitution, the rule of law, justice, democracy, Ataturk's principles and reforms and shall be bound to the secular Republic principle, everyone in the national solidarity and justice to deviate from the ideal to benefit from the human rights and fundamental freedoms, the ministry which I received my part it shall fulfill impartially before the great Turkish Nation, I swear on my honor and my dignity. "

Mandate of Article 14 (1) Lead Auditor and auditor The term of office is five years.
(2) resignation, death or any other reason, instead of the time resigned from the end of the newly elected Chief or Chief inspector or auditor's term of office is five years, such as the dismissal.
(3) a person who served a term as Chief or Chief inspector or auditor selected only one more season.
(4) in the period they served as auditors of those elected Chief or dismissed with the old mission. But while public officials Başdenetçilig or the auditor elected who, for any reason, the termination of their duties other than losing the entry requirements into the civil service, is assigned to a compliance with the acquired staff by competent authorities facing or assignment related to the case of resignation request the presence or the expiry of the term if they apply the old institutions within thirty days they . Specified cast is considered to be past in tasks that require the payment of a high judge of compensation for performing the Chief Auditor or auditors for the time they spent in the Authority and the authority or the ruling class in those selected after the start to take the high judge of compensation. These provisions also apply to staff from universities without prejudice to the provisions relating to the acquisition of academic titles.
Dismissal and Termination of the task
Article 15 (1) subsequently understood what Chief or transport characteristics listed in Article 10 of the auditors or if they lose Once selected, this situation Following the determination by the Commission, Chief or the termination of the auditor's duties General Assembly Interview given by decision.
(2) Due to a definite obstacle to selected convicted criminal or restricted by or submitted to the Chief of the General Assembly of the final court decision on the auditor Chief auditor or the adjective ends. financial and social rights of the Chief Auditor and auditor

Article 16 (1) Chief Secretary to the Prime Minister; auditors provisions relating to financial and social rights and benefits that apply to deputy Prime Minister undersecretary apply. PART THREE


Dry applicants and the procedures for application and procedures for
Article 17 (1) Dry, natural and legal persons may apply. To exercise their right to apply the foreign depends on reciprocity.
(2) Application; name and surname of the applicant, signature, the place of residence or business address, the applicant is a legal entity that contains the person's name and place of residence with the competent person's signature and authorization is done by Turkish petition. This application, subject to compliance with the requirements specified in the regulations will be done electronically or by other means of communication.
(3) Made the application;
A) does not contain a particular subject are
b) which can be seen in the judiciary or judicial bodies decisions connected disputes,
c) Second paragraph in those carrying the specified conditions,
d) reasons, issues and parties of the same ones who concluded earlier
not examined.
(4) Drying, provincial governors, provincial and district authorities were consulted via.
(5) does not receive any fees from the applicant.
(6) Drying, from the date of notification in the administrative process, administrative action referenced within ninety days from the date of learning in attitudes and behavior. The application date, the petition Authority, is given to the district governor or, in other cases the date on which the application reached the Authority.
(7) during the opening time trial application, stop the litigation, which began processing time.

Information and documents requested to Article 18 (1) The Authority's investigation and requested information regarding research and documentation, from the date of notification of the request must be filed within thirty days. During this time the requested documents and information about those who do not without justifiable reason or relevant authority on the Chief inspector of the application, open a disciplinary investigation.

(2) However; State secrets or commercial secrets and information in the documents, or the highest authority of the board of the grounds specified by the competent authority may not be granted. Expert witnesses at the

recruitment and Article 19 (1) Study and research may appoint auditors or experts regarding Chief.
(2) for each study and research of the officials appointed as an expert (500) other persons to issue any investigation and research (1000) indicator number of officers with the decision of the expert charge of making the appointment not to exceed the amount to be determined by multiplying the monthly coefficients are paid . These payments are not subject to any taxes other than stamp tax and deduction.
(3) Lead Auditor regarding inspection and research, the auditors or experts may hear witnesses or contacts.

Research and analysis Article 20 (1) The Authority shall review and conclude within six months from the date of application of the research.
(2) The Authority shall review and report research results and the recommendations to the concerned authorities and if the applicant. Corporate applicant, the application also indicates the way to work.
(3) the relevant authorities, the Authority is in line with recommendations established by the process or the Authority's proposed solution to see if applicable quality notify the Authority within thirty days of the grounds thereof.

Opening time trial to start reprocessing of Article 21 (1) if the application is rejected by the Authority to sue reasoned that stopped time starts to run where it left off from the notification regarding the rejection.
(2) In case of acceptance by the applicant observed and over the institution; the relevant authorities within thirty days upon the recommendation of the Authority does not include any transaction or action is available, from where it had stopped the litigation period starts to run.
(3) the organization, analysis and research on, where it also fails to conclude within six months from the date of application remains stalled the opening time trial starts processing.

Board reports ARTICLE 22 (1) The Committee offers to prepare a report covering the activities and recommendations to the Commission at the end of each calendar year. Commission discuss this report is to summarize in a way that includes their opinions and views to be submitted to the General Assembly sends to the Presidency. The Commission's report will be discussed at the General Assembly.
(2) The annual report of the Board shall also be publicized by publication in the Official Gazette.
(3) the Board; He explained the benefits of waiting to see which issues annual reports can be announced to the public at all times.

Description making powers of Article 23 (1) to disclose information about the organization's activities in Chief is authorized. Chief may delegate this authority to the Başdenetçivekil. SECTION FOUR Provisions Regarding personnel



Secretary-General Article 24 (1) Secretary-General, at least four-year institution of higher education graduates, dated 14/7/1965 and the Civil Servants Law No. 657 on the subject of office in located on years of service and the same law among those who have written requirements in Article 48 are appointed by the Chief.
(2) The Secretary-General is authorized expenditures of the Authority. Financial and business services are carried out by the financial services unit.
Ombudsman specialist assistant
Article 25 (1) to be appointed to assistant expert, Law on Civil Servants of the following characteristics are also sought as well as general requirements listed in Article 48:
a) at least a four-year education law, political science, economics and administrative sciences, have graduated from the faculty of economics and business or their equivalence is accepted by the foreign educational institutions.
B) be successful at the entrance exams.
C) Examination on the first day of January of the year that made thirty be under five years of age.

Expertise Ombudsman Article 26 (1) According to Article 25 experts who have been appointed as the assistant to work at least three years and are eligible to enter the qualifying exam will be opened by obtaining a positive track record. Those who pass the exam, the Public Personnel Foreign Language Proficiency Exam at least (C) receives the level of points or the internationally recognized foreign language proficiency exam provided that they have received scores equal to those points Ombudsman specialist title. Those who fail the exam, upon request of the institution or the Head of State Personnel are assigned to appropriate staff in other public institutions.
(2) Experts have taken the help of professional experts with the shape of educating and qualifying examination and expert help their duties and a regulation principles and procedures related to work.


Staff assigned to Article 27 (1) Staff is appointed by the Chief.
(2) Experts and expert help in the appointment of staff outside is made from live or winning the Public Personnel Selection Examination.
Staff financial and social rights
ARTICLE 28 (1) Lead Auditor, auditors and the Secretary General of the Prime Minister to Authority staff except precedent titled and financial and social rights that apply to employees in the same grade staff and the provisions relating to benefits apply.
(2) the Secretary-General on the financial and social rights that apply to general manager of the Prime Minister and the provisions on aid are applied. Appointment of personnel in
public institutions and organizations
Article 29 (1) of public administrations within the scope of central government, social security institutions, local governments and the administrative functioning of local governments and local administrations union revolving funds for organizations in the fund established by law, public legal people in having institutions, more than fifty percent of the capital in the organization of the public, state economic enterprises and public these subsidiaries and establishments working with economic organizations (except judges and prosecutors), employed in positions requiring expertise with the permission of the institution. The duration of the appointment made in this way does not exceed six months. However, this period may be extended for another three months if needed. Agency's requests in this regard, relevant institutions and organizations primarily concluded. In this way, the designated personnel on leave from salaried institutions. As the civil service with interest and personal rights as long as they are allowed to continue, this time will take into account the promotion and retirement. Promotion is done on time without further treatment. SECTION FIVE Miscellaneous Provisions



Agency's revenue Article 30 (1) revenues of the Authority are:
a) Grand National Assembly of Turkey funds to be appropriated for this purpose in the budget.
B) Other income. status and overtime pay of employees in

Agency Article 31 (1) there is no provision in this Act in respect of the Agency staff about the Civil Servants Act shall apply.
(2) Corporate staff and those assigned to the Agency in accordance with Article 29, to pass precedent titled and overtime wages paid to employees in the same grade staff in the Prime Minister, in an amount to be determined by the Chief overtime pay is paid.

Prohibitions Article 32 (1) Lead Auditor, auditor, Secretary General, experts and assistants and other staff, can not be members of political parties; any political party, person or group of benefit or harm in a behavior aiming at; carrying out their duties of language, race, sex, political opinion, philosophical belief, religion and sect, they can not; tasks due to professional or commercial secrets they have learned in any way, even if they are separated from their duties disclose, not use to benefit themselves or others.
(2) Lead Auditor, auditor, Secretary General, the experts and assistants; themselves, their wives and up to the third degree (including this degree) inceleyemez blood relatives and their complaints of beech.
(3) Lead Auditor, auditor, Secretary General, experts and assistants and other staff, no official or private shall not be employed during these tasks, engage in commerce. engage in scientific publications related tasks or professions as they have been invited national or international congresses, conferences and attending other meetings of this Article shall not apply if the membership associations and non-profit cooperative partnerships.
Chief Auditor or auditors about the criminal investigation and prosecution procedures to
Article 33 (1) Lead Auditor and statutory auditors are due to have committed an offense they proposed that if the rights can be made a criminal investigation and prosecution depends on the consent of the Grand National Assembly of Turkey President. Granting authority or appeal against the decision has not been granted, the relevant department of the State Council.
(2) Lead Auditor and auditors about the preliminary investigation is conducted by the chief prosecutor. public proceedings to be opened, is seen in the Supreme Court regarding the penalty circle. The appeal authority, the Supreme Court Criminal General Board.
(3) there is no provision at issue in this article dated 12/02/1999 and numbered 4483 Law on the Trial of Civil Servants and Other Public Employees shall apply.
(4) of the act appeared on crimes within the jurisdiction of criminal courts are subject to the general rules.
Secretary-General and a criminal investigation and prosecution procedures about staff

Article 34 (1) Secretary-General, experts and assistants of the proposed tasks because they have committed an offense if the criminal investigation and prosecution be done depends on the consent of the Chief. Allowed to appeal against the decision not to give or authority is the Regional Administrative Court of Ankara.
(2) The Secretary General, experts and assistants and other staff on the preliminary investigation, the public prosecutor of the Republic or appointed place where the crime is done by the prosecutor. public court proceedings will be opened appears in the same place.
(3) there is no provision in respect of this matter, the provisions of the Law on Trial of Civil Servants and other Public Officials apply.
(4) case of flagrante delicto relating to crimes within the jurisdiction of criminal courts are subject to the general rules.

Retirement Article 35 (1) Lead Auditor, auditors, General Secretary, experts and assistants and other staff, dated on 06.08.1949, and the Republic of Turkey Retirement Fund Act 5434 shall apply.
(2) Lead Auditor and auditors about the provisions of the first paragraph of Article 40 of the Republic of Turkey Retirement Fund Law does not apply.

Budget and expenditure Article 36 (1) of the budget and spending principles and procedures of the Authority dated 10/12/2003 and 5018 are subject to the Public Financial Management and Control Law.
(2) attached to Law No. 5018 (II) of the schedule "B) Other Special Budget Administration" section of the "29) of the Ombudsman" it has been added.
Lineups
Article 37 (1) Annex (1) having been established positions in the list numbered 190 on the General Staff and Procedure on an annex to the Decree (III) of the ruler of the Ombudsman has been added as an Organisation.
Article 38 (1) dated 14/7/1965 and No. 657 Law on Civil Servants of various Article 36 of the "Common Provisions" section (A), various of paragraph (11) paragraph to "the Social Security Administration Assistant Inspectors" after the phrase come to "the Assistant Ombudsman are" and "District" to come before the words "Ombudsman of the Masters" it has been added.

Regulation Article 39 (1) regulation on the implementation of this Law shall be prepared by the Board and published in the Official Gazette.
Provisional Article 1 (1) First Chief and at least with a choice of five auditors Ombudsman is established.
(2) of this Act comes into force thirty days from the date of nomination of candidates for election by the Presidential Chief inspector and five application process is initiated and concluded in accordance selection procedures provided for in Article 11.
PROVISIONAL ARTICLE 2 (1) The regulations for the implementation of this Act, from the date of entry into force of the Law issued in nine months.
Provisional Article 3 (1) After the initial selection of the Chief Auditor and auditor completed within ninety days by the Chief; Being once and attached (1) The Ombudsman in the numbered list Institution expert to exceed fifty percent of the titled free staff units, 25 and Article 26 requirements in the matter without seeking to be done assignments from public institutions and organizations as experts.
(2) In so far, the State Officials will be appointed as experts in law the general requirements listed in Article 48 of the transport and Article 25 of paragraph (a) of the qualifications listed in clause and professional must have at least five years of experience.
Provisional Article 4 (1) The provisions of this Act, the acts and actions of the local administration about the attitude and behavior, a year after the law is implemented in its entirety into force.

Enforcement Article 40 (1) of Article 17 of this Law 1 July 2007, will enter into force on 1 October 2006, other substances.

Executive ARTICLE 41 (1) of this Act and Chief inspector of election and dismissal of the provisions related to the Grand National Assembly of Turkey, Minister executes the other provisions.












(1) ANNOUNCEMENT LIST

AGENCY: Office of Ombudsman of
ORGANIZATION: CENTRAL
Allocation of cadres and

Free Squad Squad Held
Class Title Rating Number of Number of Total

GPP GPP Chief Ombudsman 1 1 1 1 10 10 Ombudsman

GPP General Secretary 1 1 1
GPP Counsel 1 1 1
GPP Ombudsman Specialist 1 4 4
GPP Ombudsman Specialist 2 3 3
GPP Ombudsman Specialist 3 3
3 GPP Ombudsman Specialist
GPP 4 3 3 5 3 3 Ombudsman Specialist
GPP Ombudsman Specialist 7 17 17
GPP Ombudsman Specialist Asst.
9 16 16 4 1 1 PIH Financial Services Expert Branch Manager 1 1 1 PIH


gihan GPP Chief Officer 3 2 2 2 2 8 7 1 1

GPP GPP Officer officer officer GPP 9 2 2 10 2 2


the GPP Programmer 2 1 1 PIH Data Preparation and Control Business Librarian 7 7 4 4 1 1

GPP GPP Computer Operator 7 4 4 | || GPP Analyzer 2 1 1 7 2 2

GPP GPP Secretary Secretary Secretary 8 1 1 9 1 1

GPP GPP GPP Trustee Central Officer 9 1 1 7 1 1
|| | GPP THS Technician Driver 10 4 4 8 1 1


YHS YHS Administrators Administrators 11 2 2 10 2 2 11 1 1

YHS Distributor
TOTAL 100 100