Turkey Bar Association Legal Aid Regulations

CHAPTER

Purpose, Scope and Basis

Aim
Article 1: The purpose of this Regulation, Law No. 1136 dated 03.19.1969 in accordance with Article 176-181 of the Act, to regulate procedures and principles concerning judicial assistance.

Of legal aid purposes, the subjects of human rights freedoms and barriers to overcome, and of human rights of freedom in the use of equality to ensure that attorneys' fees and court costs to meet the possibility of the non-lawyer service benefit is to.

Scope
Article 2: These Regulations 03.19.1969 dated and 1136 numbered Law Law, Article 180 of Turkey in accordance with the Bar Association on behalf of transferred funds of the bar between the distribution and use of the legal aid office's establishment, functions and powers, be assigned counsel and the fees for the identification, operation and inspection covers.

Legal Basis
Article 3: The Regulation of Law No. 1136 dated 19.03.1969 in accordance with Article 176-181 of the Law was held

PART TWO

General Provisions

Legal Aid Bureau and the Representative
Article 4: Each bar in the center, whether the bar association determined by the board to be appointed, consisting of a sufficient number of legal aid attorneys office is established. Bar Association board of directors also outside the central bar, with more than five the number of lawyers in each jurisdiction a lawyer, legal aid bureau may appoint as a representative. Where necessary, the deputy is appointed representative enough.

Legal aid offices and representatives, the law stipulated in Law No. 1136 dated 19/3/1969 with the task bar of the board of the Lawyers Law and the Regulations provide the framework for the tasks they perform.

Legal aid offices and representatives, responsible for legal aid work in the bar and under the supervision of the board members carry out the responsibilities.

Legal aid office and the representatives of the service, funded by grants to legal aid to conduct adequate space, office equipment and personnel will be provided.

Bar associations, lawyers, trainees, training in legal aid offices and agencies are able to order temporary duty.

Prompt judicial Help
Article 5: request for legal aid, legal aid offices and places of service will be seen to make representations. In the application, legal aid and legal aid application forms are filled in based notebooks will be saved.

Legal aid offices and agencies, clients have the necessary information and documents you want the client to find appropriate research about the merits, she will decide when necessary. In this research, public and private institutions and organizations, legal aid offices and representatives to help.

In case of refusal of legal aid clients who request, within ten days of notification in writing or orally from the bar association may apply to the president. Bar Association president will decide within seven days, this decision is final. While denial of the request unless the decision is deemed to have been.

Free legal aid duty solicitors will be given according to principles of equality policy.

Construction of the Legal Aid
Article 6: a) acceptance of a request for legal aid if the situation is determined by a minute. Request from the owner of the business end of a material benefit obtained if the lawyer paid for with money obtained financial benefits by 5%? Ini to the bar to pay will, legal aid client's unfair that subsequent to understand, if appointed attorney fees paid twice and made the cost of legal interest and give back to the undertaking is taken.

Chapter on legal aid attorney fee can be paid.

For the trial will not cover the cost of Law No. 1086 dated 18/06/1927 Law on Procedures in accordance with Article 465-472 of the request is legal müzaheret. In case of denial of the request for this, other than attorneys' fees and court costs will have to meet. Otherwise, the request may be refused legal aid.

However, court costs met be clear and judicial assistance request from the justification in terms of the definitive or a strong belief In case of legal aid office or legal aid representatives on the proposal of bencher by the decision of legal aid funds are met.

Fees will be refunded in case of refusal, shall be transferred to the legal aid fund.

b) acceptance of the request for judicial assistance necessary to conduct business and operations and is appointed to carry out one or more lawyers. An example of writing task is given to the client and the necessary information, documents and power of attorney is asked to consult with a lawyer appointed. Appointed attorney, assignment of the letter, employment and related to information, documents and power of attorney, judicial müzaheret request have been denied the job for the unavoidable cost advances to him to reach the attorney's services to fulfill their obligations under the enters.

The obligation of the assigned lawyers, the owner of the service request information and documents required to be seen outside the mandatory court costs and attorneys' fees not to give or to refrain from giving power of attorney ends with. Appointed counsel, this case without delay, appointed him to the legal aid office or representative notifies.

c) Assigned, statements regarding the professional conduct of lawyers is taken into account.

d) the assigned lawyers, the task of making a just cause without hesitation And if the task itself was reported from within fifteen days, his work schedule set out in fees to the bar by paying duty may withdraw from.

e) the assigned lawyers, the Law on Law No. 1136 dated 03.19.1969 by the end of the work is obliged to follow. Connections and relationships, even if the lawsuits and other enforcement proceedings or similar legal process, the task will not be accepted in the context of the works.

f) legal aid offices and agencies, the assigned attorney to perform services related to the stage monitors. Lawyer, regardless of which stage of the work of his own to give the requested information and documents must. Service at the end of this issue and the report indicates the end of the service documents are forwarded to the legal aid office or representative.

Fees payable
Article 7: Legal aid lawyer assigned to subjects assigned to work for minimum wage rates are shown in the fixed fee paid in advance. More than one lawyer be assigned to the same work. However, instead of lawyers drawn from office to newly appointed lawyers are paid well.

Personally involved in criminal cases and plaintiffs' attorney, dated 1412 to be made under the Criminal Procedure Law, for legal aid attorneys are paid fixed fees specified in the.

Business in the chancery court also going development of Congress is paying for buses. Benefit from legal assistance if the request from the proxy or attorney shall be appointed by the Ankara Bar Association Yargıtaydaki trial can be followed through.

All costs are based on the document. Payment can be made without documentation.

The European Court of Human Rights, this court will apply its own legal aid rules. Payment can be made in accordance with these regulations.

Legal aid lawyer who does not complete the task than the right reasons, get to the bar to pay twice the amount of the fee is required.

Legal Aid Office of the Revenue
Article 8: the income of legal aid offices are:

a) Turkey will be sent to the bar by the Bar Association to grant legal aid,

b) Public and private institutions and agencies, provincial or municipal budget to the bar of the support,

c) any donations made for this purpose,

d) legal aid being withdrawn from duty without good reason, and services that do not result in the withdrawal of attorney fees,

e) Commitment of funds received from the requirement,

f) Assistance in the designated beneficiary of the writ in favor of spending 5% of the value basis? i.

Cost of Legal Aid Bureau
Article 9: The cost of legal aid offices are:

a) legal aid fees paid to lawyers to be appointed and necessary travel expenses, when necessary, attorney, litigation fees and costs,

b) Bureau staff salaries,

c) Office equipment, stationery, rent and other expenses.

Money for legal aid, legal aid services are used exclusively, and the bar is shown in separate sections of the budget. More from this section of the income the next year will be transferred to the same chapter.

Distribution of the Bar Association Legal Aid Money
Article 10: Turkey Bar Association, Law No. 1136 dated 03.19.1969 pursuant to Article 180 of the Law to collect the money transferred into the chapter of legal aid budget, the bank collects in a separate account in the opener. Turkey 10% of the money collected in this account of the Bar Association and legal aid costs of legal aid funding is allocated for compensation, the rest is sent to the bar.

To each bar (5) basis points are given. Given (5) basis points;

a) All (25) members for lawyers (1) points,

b) Her (50 000) for population (1) points,

c) development priority in the bar area (3) points,

grant legal aid is determined by adding the score.

In scoring 0.5? Küsurat are not taken into account at the bottom, it is in excess of küsurat (1) points is completed.

Bar Association for legal aid will be sent to the share is calculated as follows:

BAT total legal aid grant legal aid benefit score X 0.90 X bar

Bar Association for legal assistance payments = -----------------

The sum of all the bars score of the legal aid

Payments during the year have been sent to the bar, the bar at the end of the year to be reported separately.

Bar associations, their shares fell judicial assistance payments of the year end in the case, the legal aid office's actual expenses, appropriation justification and pending business reports that include Turkey and the Bar Association legal aid stabilization fund additional appropriations may ask. Turkey by the Bar Association board of directors, if the client has the appropriate additional payment will be sent. If payment is not sent to the bar association in the year will be transferred to next year.

Bar Association for legal aid at the end of each year, held in Turkey by the end of the report are sent to the Bar Association. Bar Association records with the turkey on the basis of these reports are provided reconciliations.

Allowances allocated to bar associations, will be paid in four installments. Bar associations are assigned to them after the first payment and quarterly reports are sent to Turkey Bar Association.

Regulations to determine the suitability of the report after the next payment is made. The others follow the same rules apply for payments.

Control of Legal Aid Bureau
Article 11: Bar board of directors, legal aid offices and agencies can control their works every time. Bar Association also fiscally auditors and representatives, including legal aid office work, reporting every two months to organize, the board shall report to the bar.

Provisions Repealed

Article 12: No. 24 583 dated 11.14.2001 published in the Official Gazette of the Legal Aid Regulations are repealed.

Force
Article 13: This regulation applies to the date of 10.03.2004 shall enter into force on the date of its publication.

Executive
Article 14: The provisions of this Regulation, Turkey carried out by the Bar Association Board of Directors