The Turkish Grand National Assembly Warning: You Are Viewing The Law, Parliamentary General Assembly Accepted. If It Does Not Contain Any Changes That Are Made Later. Ombudsman Institution 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/k5521.html

Law No. 5521 Date: 6/15/2006 SECTION ONE General provisions Objectives article 1-(1) the purpose of this Act; natural and legal persons related to the functioning of the administration of the voyage must be within the framework of the Constitution of the Republic of Turkey, of the qualities of administration, all actions and operations with attitudes and behaviour; in a sense of Justice, respect for human rights, law and to investigate and examine the compliance aspects of the license issued recommendations to the Administration the Ombudsman is to create our rule is.
The scope of article 2 (1) of this Act, the Ombudsman institution, organization, duties and work with Public policies for usûllerine Başdenetçisi and public auditors qualifications, election, appointment of personal rights and personal rights with Corporate personnel provisions.
Definitions article 3-(1) this law passed;
a) institution: Ombudsman our rule is, b) Assembly: Ombudsman Council, c) Başdenetçilik: Ombudsman Institution Başdenetçiliğini, ç) Auditor: Public Başdenetçisini, d) Auditor: Public Inspector, e) of the General Assembly: General Assembly of the Grand National Assembly of Turkey, President of the Grand National Assembly of Turkey): f, g) Commission: the Grand National Assembly of Turkey Petitions Commission and the human rights investigation Commission composed of members of the Mixed Commission, ğ) Central management within the scope of the public administration: administrations, social security institutions , local administrations, local administrations administrations, local administrative units, revolving funds established agencies, laws, public legal personality, possessing more than 50 per cent of the capital of organizations, public organizations are connected to these partnerships and with institutions, public occupational or professional organisations, carrying out public service refers to a legal person in private law,.
(2) the petition Commission and the head of the human rights investigation Commission Member Board Hash, Vice President, speaker and Clerk, the Chairman of the Commission on Petitions, Vice President, speaker and Rolls.

The SECOND PART of the Organization, functions and Working principles of Organization article 4-(1) referred to in this order to accomplish any of these tasks, depending on the President of the Grand National Assembly of Turkey, has the public legal personality, special budget and the institution of Ombudsman was established in Ankara.
(2) Agency, Başdenetçilik and consists of the Board.
(3) the institution, with a maximum of ten Auditors Auditor and Secretary General, expert, expert assistants and other staff.
(4) Agency, in places deemed necessary by the Bureau.
Başdenetçilik article 5-(1) Başdenetçilik, Auditor and Başdenetçivekilinden.
(2) Agency, is governed by the Chief Auditor and represented.
Başdenetçivekili article 6-(1) Başdenetçivekili, Chief Auditor chosen by the Auditors.
(2) Başdenetçivekili, Başdenetçinin in the absence of her power of attorney.
Ombudsman Board, the quorum for the meeting and decision tasks article 7-(1) the Board; Chief Auditor, Başdenetçivekili and Auditor.
(2) the Board's tasks: a) on the implementation of regulations of the law.
b) annual report.
c) annual report is necessary, the issues without expecting special reports.
ç) Reports to the public.
(3) in the absence of the Chief Auditor of the Board, Başdenetçinin Başdenetçivekili.
(4) the Board, with the participation of all three-fifths of the Başdenetçinin led Inspector is collected and the majority of the members gets decided.
Principles of work article 8-(1) Auditor, enables collaboration between auditors and their oversees the operation of compatible.
(2) in the event that the Board of Auditors should examine the Auditor appointed by the topic and/or work on their own in areas and offers suggestions.
(3) a decision by the Board to be connected with the subjects of their auditors assigned by the Chief Auditor and/or areas of policy and business section on the implementation of this Act with the particulars, shall be determined by a regulation instituted shall be accepted.
Task 9-(1) upon a complaint related to the functioning of administration, Premises, within the framework of the Constitution of the Republic of Turkey, of the qualities of all actions and operations with attitudes and behaviour; in a sense of Justice, respect for human rights, law and to investigate and examine the administration of the license issued compliance advice is provided.
(2) However;
with his President's alone processes a) ex officio the decisions and orders signed by, b) Legislative authority to use transactions, c) Judicial activities with members of the judiciary concerning the operations of the processes and actions, c, Turkey) is a Turkish Armed Forces, a military-only activities related to the service is outside the scope of the Organization's mission.
Chief Auditor and auditor the nature of article 10 (1) Auditor or auditors to be eligible the following conditions: a) to be a Turkish citizen.
b to 50 Selection date of Auditor, Auditor) to 40 years of age.
c) four-year education in law, political science, economics and Administrative Sciences, Faculty of Economics and business has been accepted equivalence of foreign educational institutions or graduates.
ç) with regard to the profession of public institutions or organizations or as a registered public or professional organizations or being worked on at least ten years in the private sector.
d) are not banned public rights.
to keep your duty to) can stop the body or mental illness or disability with injury the body not to.
f) not any political party member at the time of application.
g) 26/9/2004 within the framework of the Turkish Criminal Law No. 5237 53 past the period indicated in article even if six months for a crime committed intentionally or more long prison sentence or even State security have been pardoned, the functioning of the constitutional order and this order, crimes against national defense, State secrets and espionage relations with foreign States with crimes of crimes against or embezzlement , irtikâp, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy, tender rigging, to demand performance of the rigging, the assets values resulting from crime laundering or trafficking crimes convicted ineligible.
Nomination and election article 11-(1) Auditor or auditor the mandate of one of the over ninety days ago, these tasks for any reason, from the date of the termination of expiration status is reported to the Presidency by the institution within 15 days.
(2) by reference to the period, proclaimed in article 10, of the Auditor or auditors that carries qualities of candidates are running for President are those who want to be.
(3) the Commission, Chief Auditor in the choice of nominees for candidates applying in choosing three candidate, Auditor, will be selected from among candidates, candidates applying three times candidate for auditor, the applicant within thirty days from the date of the end of the period by identifying the General Assembly declares the Presidency to be presented.
(4) the General Assembly, within thirty days from the date of notification, Chief Auditor and Auditor elections begins.
(5) the Auditor or auditors, elected with a majority of two-thirds of the members. Second in this first-voting majority undermining the vote. The majority of the members of the second ballot the candidate selected game. The majority of the full number of those voting member best rated candidates if there are not, the number of candidates to be elected twice as much as the candidate with the election. The third ballot decision quorum as long as the candidate most votes elected. In cases where more than one inspector's choice to do the candidates for ballot. Candidates shall vote the opposite applies special place names is used. More than the number of members to select the given votes will be void.
(6) the selection, which refers to the Presidency of the institution at the latest shall be concluded within ninety days.
(7) This article, the number must be less than that and the number of Auditors the Auditors has enough notification shall also apply in the Presidency by the Auditor.
(8) located in this article while on vacation in Turkey, Grand National Assembly or during the pause.
Independence article 12-(1) no organ, authority, authority or person, Başdenetçiye and Auditors cannot give orders or instructions regarding the task, the circular does not send, advice and suggestions.
Andiçme article 13-(1) Auditor and Auditors, started the General Assembly follows the task of andiçer: "the existence and independence Of the Republic of Turkey and the country and the nation indivisible, the nation's unconditional sovereignty, Constitution, rule of law, just to Atatürk's principles and revolution history of the democracy, and the principle of the secular Republican allegiance, national solidarity and sense of Justice in the human rights and basic freedom of everyone to benefit from ülküsünden depart I bought tarafsızlıkla my great Turkish nation instead of the task in the presence of my honesty and I give you my word of honor andiçerim. "
Task duration

Article 14-(1) Auditor and Auditor's term of five years.
(2) the resignation, death or removal from Office before the end of the period for any reason, such allotted Auditor or auditors instead of the newly-elected Chief Auditor or auditor's term of Office of five years.
(3) An Auditor or inspector who served one term as Auditor or auditors can be selected only for another term.
(4) the Auditor or auditors in their duties while those elected to the task with which he dismissed old disconnected. But while a public official they selected to Başdenetçiliğe or inspector, for any reason other than losing their entry terms, termination of their mission, to leave the mission mandate, or in the case of stuffed requests within thirty days if the Minister concerned to apply the old institutions or other competent authorities to an assignment by a staff assigned in accordance with the continuation. When the specified assignment Auditor or auditors spent periods of authority or Institution honor is high class in allmy compensation on after starting the selected to take high in allmy require payment of compensation is considered to be the task in the past. This provision, the acquisition of academic titles, without prejudice to the provisions of foreign staff as also apply.
Taken from the mission and the task termination article 15-(1) Başdenetçinin or auditors enumerated in article 10 attributes after selecting the understanding or later performances, losing this situation to be detected by the Auditor or Inspector by clicking the Rake task to the end of a meeting by the General Assembly.
(2) prevent the definitive convicted for a crime get elected or restricted Auditor or auditor finalized about the submission to the General Assembly of the Court information, Auditor or auditor adjective ends.
Chief Auditor and Auditor financial and social rights of article 16 (1) Başdenetçiye Prime Müsteşarına; Auditors of the Prime Ministry Undersecretary to the Assistant applied financial and social rights and provisions for help.
The THIRD PART reference to the institution and the procedures application and style article 17 – (1) drying, natural and legal persons. On the basis of reciprocity, foreigners the right to use depends on the application.
(2) reference; name and surname of the applicant, the signature type, location, or job address, if the applicant is a legal person is a legal person with the title and the municipality in the authorized person signature of the petition and warrant is made with Turkish that contains the. This reference, provided that the conditions determined in the regulation be complied with, electronic media or other communication tools can also be done with.
(3) references;
It does not contain a particular subject, b a)) are seen in or judicial organs of the judicial organ is connected disputes the decision, c) the second paragraph is not carrying specified conditions, d) Causes, and concluded before the same ones with the parties, not examined.
(4) Dry, provinces, governorates, districts can also be referenced through Governors.
(5) any References, no fee will be charged.
(6) Dry, administrative operations date of notification, administrative actions, attitudes, and behaviors can be referenced within ninety days from the date of the learning. Application deadline, petition to the Governor's Office or the District issued, drying, otherwise it is the drying of the reach.
(7) the reference within the period for bringing actions, the process stops the time to sue.
Information and documents requested article 18-(1) with regard to the institution's review and research information and documents, this request was communicated within thirty days from the date of issuance. During this period, the requested information and documents those not without just cause as chief auditor or auditor upon the application of the relevant authorities, disciplinary proceedings.
(2) However; State secret or commercial secrets documents and information, the competent authority, provided that the highest authority or Board of justification may not by.
The expert witness is to be appointed and the rest article 19-(1) review and research regarding the subject of Auditor or auditors may hire an expert witness.
(2) appointed as an expert witness to public officials for each review and research subject (500), for each review and research subject to others (1000) multiplied by the number of civil servants as a result of the monthly indicator will not exceed the amount of the coefficient assigned to the decision of the expert witness fee to be paid. These payments, except for any stamp duty tax and disrupted through Thu.
(3) review and research regarding the subject of Chief Auditor, auditors or witnesses or experts may listen to the contacts.
Review and research article 20 (1), review and research within six months at the latest from the date of application are required.
(2) if the outcome of the review and Research Institutions, and notifies the applicant and the relevant suggestions of mercie. The Authority also shows ways to reference against the applicant processing.
(3) when the relevant authorities in accordance with the recommendations of the Organization of the institution's proposed solution that process or if you didn't see it feasible within thirty days the Institution grounds.
The duration of onset to re-render a lawsuit article 21-(1) the reference in case of refusal by the authority, DG is the subject of a reasoned refusal decision period for bringing actions notification shall begin to pick up where he left off from.
(2) the adoption by the authority over the reference; the relevant authorities upon the recommendation of the institution when no action is taken within thirty days or action, stopped the period for bringing actions shall begin to pick up where he left off.
(3) the institution, review and research, reference sonuçlandıramaması in six months from the date of the period for bringing actions in standing starts processing where it left off.
Committee reports article 22-(1) the Board, carried out activities at the end of each calendar year and prepare a report to the Commission covering the recommendations. See this report, the Commission, and their opinion, including summarizing the General Assembly sends to the Presidency to be presented. The Commission's report are discussed in the General Assembly.
(2) the Board shall be published in the Official Gazette annual report, also announced to the public.
(3) the Board; sees benefit in the disclosure issues annual report, by posting notice to the public all the time without expecting.
Description authority article 23-(1) the Auditor is authorized to make a statement about the institution's activities. Chief Auditor may assign this authority to the Başdenetçivekiline.
PART FOUR General Provisions Relating to the staff Secretary 24-(1) General Secretary, at least a four-year higher education institution graduates, 14/7/1965 civil servants Law No. 657 dated ten years service tasks that are subjected to the same written in article 48 of the law has assigned by Chief Auditor from the conditions.
(2) the Secretary General of the institution is authorized to spend. Financial services business and a financial services unit is executed by hand.
Ombudsman Institution expert of article 25 (1) specialist for appointment to the civil servants Act, considered general terms in article 48 with the following attributes also searched for: a minimum four-year education law), political science, economics and Administrative Sciences, Faculty of Economics and business has been accepted equivalence of foreign educational institutions or graduates.
b) to succeed the entrance exam to be done.
c) on the first day of January of the year Test was made thirty-five being below the age of.
Ombudsman Institution's expertise in article 26 (1) a code Expert Assistant they assigned 25, take at least three years work and positive track record will be opened provided that proficiency exam are entitled to. Exam success, public personnel foreign language proficiency exam, a minimum (C) level points or internationally recognized foreign language placement exam as long as this points to coincide with the points of the Ombudsman institution to receive the title of specialist. Exam success who are in institutions or State personnel, requests By other public institutions and organizations are assigned to the appropriate staff.
(2) possessed the profession of Expert help, training and qualification of the specialists and experts with the shape of the duties, powers and principles and guidelines for the work of the regulation.
Appointment of personnel article 27-(1) personnel, assigned by the Auditor.
(2) the appointment of the expert and non-expert Assistant personnel, live telecast, or made from among the winners of the public personnel selection Exam.
Personnel, financial and social rights article 28-(1) Auditor, auditor and Secretary General, excluding title and Institution personnel working in the same grade staff on Tuesday the precedent applied to financial and social rights and provisions for help.
(2) the Secretary General Prime Minister financial and social rights that apply to General Manager and applies the provisions on aid.
Appointment of personnel in public institutions

Article 29-(1) the central management within the scope of the social security institutions in public administration, regional administration, local administrations, local administrations of the Union, established by law organizations, revolving funds, public has the legal personality of the Organization, more than 50 per cent of the capital in State-owned organizations, economic state formation and State economic organizations and working in partnerships and institutions connected to them (judges and prosecutors), with the permission of the institution coaching jobs requiring expertise. Hiring period cannot exceed six months made this way. However, this period can be extended for three more months if needed. The organisation's demands in this regard, relevant institutions and organizations to be concluded first. In this way, the appointed personnel, institutions, aylıklı off. As long as they are on leave with their interests and personal rights of tenure continues, this is taken into account in the rise and periods of retirement. No other processing's promotion without time.
The FIFTH PART Miscellaneous income of the institution article 30 (1) of the institution proceeds as follows: a) will be launched for this purpose to the Grand National Assembly of Turkey's budget allowance.
b) other income.
The status of employees and overtime costs in the enterprise article 31-(1) the provisions of this law which are not available on agency personnel, as the provisions of the law on civil servants.
(2) in accordance with article 29 of the institution staff and commissioned, on Tuesday the precedent Institution entitled and staff paid overtime in the same grade staff fee, not to exceed the amount to be determined by the Chief Auditor of paid work.
Prohibitions ARTICLE 32-(1) Auditor, Auditor, Secretary General, experts and other personnel with the help of experts, to be members of political parties; person or any political party, take advantage of the clan on or damage on a target area cannot act; in carrying out their tasks, language, race, sex, political opinion, philosophical belief, religion and sect decoupling they can't; tasks in any way due to professional or commercial secrets learned from their posts even if they cannot explain the reserved, will not be able to use for the benefit of themselves or others.
(2) Auditor, Auditor, Secretary General, specialist and expert helpers; of themselves, their spouses and third degree (this degree included) blood and beech Hall do not examine the complaint.
(3) Auditor, Auditor, Secretary General, experts and other personnel with the help of experts, these tasks are not eligible to receive any official or private for the duration of the task, they can't deal with trade. In scholarly publishing, tasks or professions in relation to national or International Convention they were invited, participate in conferences and other meetings, associations in membership and not-for-profit cooperative in partnership in the provisions of this article.
Auditor or auditors as criminal investigation and prosecution style ARTICLE 33 (1) Auditor and Auditor due to the tasks of a crime in criminal investigation and prosecution if it can be done depends on the permission of the Chairman of the Grand National Assembly of Turkey. Be allowed or not allowed for appeal authority, Of the corresponding apartment.
(2) the Auditor and the auditor about the preliminary investigation is done by the public prosecutor of the Supreme Court. To open the public prosecution, the Supreme Court is seen in his apartment about punishment. Supreme Court Criminal Appeals Authority Is the General.
(3) the provisions in this article which are not available on 2/12/1999 and law No. 4483 Officers and other public Officials About the provisions of the law on trial.
(4) Criminal Court related to the task in the field of crime caught in the State are subject to general terms.
Secretary General and staff as criminal investigation and prosecution style ARTICLE 34-(1) Secretary General, specialist and expert of tasks due to a crime if it forward, criminal investigation and prosecution depends on the Başdenetçinin permission. Be allowed or not allowed regional administrative Court appeal authority for Ankara.
(2) General Secretary, experts and other personnel with the help of experts about the preliminary investigation, the scene of the crime to the Chief Public Prosecutor or public prosecutor. In the same place in the court case to be opened.
(3) matters that do not have provisions in this article, the officers and the other provisions of the law on Public servants ' right to Trial.
(4) Criminal Court related to the task in the field of crime caught in the State are subject to general terms.
Retirement ARTICLE 35 (1) Auditor, auditors, Secretary General, experts and other personnel with the help of experts as law No. 5434 dated 8/6/1949 Republic of Turkey retirement fund provisions of the law.
(2) Auditor and Auditor's Act, the Pension Fund of the Republic of Turkey about the first paragraph does not apply to the provision of section 40 shall be liable.
Budget and expenditure ARTICLE 36 (1) is based on the institution's budget and expenditure and rhythmic cycles 10/12/2003 and law No. 5018 Public Financial Management and control are subject to the provisions of the law.
(2) Act No. 5018 attached (II) Other Special Budget Administrations "of the ruler B)" section "29) Ombudsman Institution" has been added.
Lineups ARTICLE 37 (1) Attached (1) having been established positions listed in the General Staff and Style No. 190, the Decree on attachment (III) included as part of the Ombudsman Institution No. ruler.
ARTICLE 38 (1) 14/7/1965 and the civil servants Law No. 657 of the "Common provisions" in article 36 different section (A) of subsection variants (11) numbered paragraph, "social security administration Inspector assistants" after the phrase almost "Ombudsman Institution Specialist" phrase and is to come "after" the district governorship "Ombudsman Institution" phrase has been added to your expertise.
Regulation ARTICLE 39 (1) of this Act shall be prepared by the Board on the implementation of regulations, and Official Gazette is published.
PROVISIONAL ARTICLE 1-(1) the first Auditor and the auditor at least five with the choice of the Ombudsman Institution is established.
(2) from the date this law comes into force thirty days after the Presidential by Chief Auditor and the nomination of candidates for the selection of five Inspector application process is initiated and complying the stipulated in article 11, the rhythmic pattern selection.
TRANSITIONAL ARTICLE 2 (1) of this Act on the implementation of regulations, law comes into force from the date in nine months.
TRANSITIONAL ARTICLE 3-(1) the first Auditor and Auditor upon completion of the selection of Auditor by within ninety days; for once and attached (1) the institution of Ombudsman expert listed in the agreement, will not exceed 50 percent of the staff have been released, 25 and 26 as the expert on comparable terms are public institutions without seeking assignment can be made.
(2) so far, will be assigned to the civil servants of the Act as an expert in the General conditions of transport considered article 48 and the first paragraph of article 25 (a) in subparagraph counted at least five years in the qualifications and professional experience.
TRANSITIONAL ARTICLE 4-(1) the provisions of this law, local authorities action and operations with attitudes and behaviors as amended in its entirety a year after the law is applied.
Enforcement article 40 (1) of this Act, article 17, July 1, 2007, other items on October 1, 2006, comes into force.
Execution ARTICLE 41 (1) of this Act, Chief Auditor and Auditor selection and dismissal of the provisions relating to the other provisions of the Grand National Assembly of Turkey, the Council of Ministers.





(1) the INSTITUTION of OMBUDSMAN INSTITUTE LIST: the ESTABLISHED SPECIAL ORGANIZATION: LINEUPS Free number of Total Staff number of Staff Held Class Title Degree GPP Public Başdenetçisi 1 1 1 1 1 1 1 10 10 ACT Ombudsman ACT legal counsel Secretary General ACT 1 1 1 1 4 4 Ombudsman Ombudsman Institution ACT expert, a specialist in the institution ACT 2 3 3 GPP Ombudsman Institution Expert 3 3 3 GPP Ombudsman Institution Specialist 4 3 3 GPP Ombudsman Institution Expert 5 3 3 GPP Ombudsman Institution Expert 7 17 17

GPP Ombudsman Institution Expert Assistant. 9 16 16
GİH Malî Hizmetler Uzmanı 4 1 1
GİH Şube Müdürü 1 1 1
GİH Şef 3 2 2
GiH Memur 7 1 1
GİH Memur 8 2 2
GİH Memur 9 2 2
GİH Memur 10 2 2
GİH Programcı 2 1 1
GİH Veri Hazırlama ve Kontrol İşletmeni 7 4 4
GİH Kütüphaneci 7 1 1
GİH Bilgisayar İşletmeni 7 4 4
GİH Çözümleyici 2 1 1
GİH Sekreter 7 2 2
GİH Sekreter 8 1 1
GİH Sekreter 9 1 1
GİH Santral Memuru 9 1 1
GİH Mutemet 7 1 1
GİH Şoför 10 4 4
THS Teknisyen 8 1 1
YHS Hizmetli 10 2 2
YHS Hizmetli 11 2 2
Y HS Dağıtıcı 11 1 1

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