Volume: 31 Issue: 4, 12/31/23

Year: 2023

RESEARCH ARTICLES

Selçuk Law Review aims to contribute to the national and international literature by publishing original and scientific articles in the field of law.

Our review is a peer-reviewed international review which is scanned by ULAKBİM TR Index in terms of the Academic Incentive Allowance Regulation published in the Legal Gazette dated 27.06.2018, which accepts articles in the field of law published in electronic media and printed 4 times a year in March, June, September and December. In addition to research articles in the fields of public and private law, decision-making, legislation review, book review and translations are also included in the review. The publication language of the review is Turkish or other European languages.

Selçuk Law Review uses the double-blind referee process. The articles that is sent for publication in the review shall take into consideration of the following issues:

1. The name of the author should be written under the main title with the academic title as “SURNAME“. The information about the author is located on the right side of the page. Authors who want to publish article should take the “ORCID” number and this should be pointing in the footnote with the * sign along with their personal information (Name-Surname, Academic or Profession Title, E-mail Address). The “ORCID” number can be obtained from https://orcid.org/.

2. The title of article in Turkish and foreign languages, abstracts of minimum 100 and maximum 150 words in Turkish and foreign languages and five keywords should be added (belong to abstract) to the beginning of the submitted articles. Bibliography should be include at the end of the article.

3. Page structure: It should be 2 cm head and bottom and also each side. As a rule, articles prepared in this way should not exceed 12.000 words.

4. Manuscripts: Characters should be "Palatino LKinotype" font and written in 11 size. The first line space should be 1 cm, but the following lines will be 1cm. The spaces at the beginning and end of the paragraph should be 3 pt. Style 1 format should only be used for the main title of the article.

5. Footnotes: Footnote characters in the same font as the article, but It should be 9 pt. It should be given automatically and bottom the page. IN BOOKS; Author SURNAME - Name, Book Name, (if any) Number of prints, (if any) Translator (or Editor) SURNAME Name, Place of publication, year and page; IN ARTICLES; Author SURNAME, Name, “Article Name” (in quotation marks), Title, Volume, Number, year and page; In the second and subsequent references to the same study, the author's surname a short name of article and page numbers may be used.

ETHICAL PRINCIPLES


Selçuk Law Review Journal is bound by the highest standards in all publishing processes and published by Committee on Publication Ethics (COPE), Directory of Open Access Journals (DOAJ), Open Access Scholarly Publishers Association (OASPA) and World Association of Medical Editors (WAME) Adopts ethical publishing principles. Taking into consideration these principles, the ethical duties and responsibilities prepared for all components of the publishing process are as follows:


Ethical Responsibility of The Authors
It is expected that the author (s) who submit the study to Selçuk Law Reviewcomply with the following ethical responsibilities:
• The articles which sent to the journal must be original studies in the field of law.
• The author (s) should make the correct reference (attribution) to the resources they use while writing the article in accordance with ethical principles.
• It should be noted that the articles submitted to the journal are not sent to another journal and the Copyright Transfer Form must be filled.
• Those who do not intellectually contribute to the article should not be specified as authors. Changing the author responsibilities (adding author, changing author order, removing a author) should not be offered for a study whose evaluation process has started.
• The author (s) should not submit an article they publish or send elsewhere, or several articles at the same time to Selçuk Law Review.
• People who have a conflict of interest- union of interest related to the article for which the application has been published should be reported to the editors and the reason should be explained.
• Information or raw data can be requested from the author (s) within the framework of the evaluation processes, in which case the author (s) should be ready to present the expected data and information to the editorial board, editorial and scientific board.
• The author (s) should contact the editor to provide information, correction or withdrawal when they notice the error regarding the article in the evaluation and online first process or published electronically.
• The author (s) must document that the rights to use the data they use in their articles have been obtained, the permissions related to research-analysis or the consent of the participants they have researched.
• The author (s) has obtained ethics committee approval for research that requires data collection through quantitative or qualitative methods such as experiments, surveys, scales, interviews, observations, focus group work that require an ethical committee decision; The ethical committee name, the date and number of the decision should be specified on the first-last page and method section of the candidate article, and upload the document showing the ethical committee decision to the system with the application of the article. In addition, the case should be illuminated in the case reports / information about the receipt of the consent form should be included in the article.
• The author (s) should present proof of their ethical principles in the data collection process (such as obtaining permission from others to use documents such as scale, questionnaire, photograph). It should be noted that the articles comply with copyright regulations for research and publication ethics and intellectual and artistic works. If the research was conducted on human and animal subjects, it should be reported that the research was carried out in accordance with international papers, guidelines, etc.
• Ethics committee approval is not required for review articles from the author (s). However, in articles that do not require an ethics committee decision, it should be stated that the ethics committee decision is not required, on the first-last page of the article and in the method section.



Editors' Ethical Duties and Responsibilities
Editors and members of the editorial board of Selcuk University Faculty of Law Journal are expected to comply with the following ethical responsibilities:

General Duties And Responsibilities
• Members of the Editorial Board are responsible for the sound execution of all the works submitted for publication in the journal. Within this framework, members of the Editorial Board should make decisions independently, in the public interest.
• Members of the Editorial Board strive to continuously improve the journal and to improve the quality of the publication.
• Members of the Editorial Board ensure the definition and implementation of journal policies such as publication, blind review, evaluation process and ethical principles.
• Members of the Editorial Board strive to meet the information needs of authors, reviewers and readers about the journal and publishing process and prepare enlightening Guides on this issue.
• Editors ensure that journal publishing processes are operated in accordance with publishing policies and guidelines and informs the areas of duty in the process from developments in publishing policies.
• Editors review the complaints submitted to the Journal and make the necessary explanations.
• Protection of personal data: Editors ensure the protection of personal data in the reviewed articles; they protect the individual data of the author, referee and readers.
• Protection of human and animal rights: Editors are obliged to ensure the protection of human and animal rights in the evaluated works. They care about documenting the explicit consent of the study participants, the ethical committee approval for the participants of the article rejects the article when they do not have permission in experimental research.
• Protection of intellectual property rights: Editors are obliged to protect the intellectual property right of all published articles and to defend the rights of the journal and author (s) in possible violations. In addition, editors are obliged to take necessary precautions in order to ensure that the content in all published articles does not violate the intellectual property rights of other publications and to perform authenticity control in this context.
• Take precautions against possible abuse and misconduct: Editors are obliged to take measures against possible abuse and misconduct. When there are complaints about this situation, he makes an objective investigation and shares the findings on the subject. In this context, if you encounter ethical responsibilities and any unethical behavior or content, please report it to hukukdergi@selcuk.edu.tr via e-mail which is mentioned in Selçuk Law Review.

Duties and Responsibilities Towards The Authors
• The editor should constantly update the publishing and writing rules and the sample template regarding what is expected of the authors.
• Copyrights of work authors published in the journal should be protected.
• Unless there is a serious problem, the applied work should be taken to the appraisal phase. In this process, if it is decided that the article should be reviewed in terms of grammar, punctuation and / or spelling rules (margins, referencing appropriately, etc.), the authors should be informed and given time to make the necessary corrections.
• Unless there is a serious problem with the study, the positive referee suggestions should not be ignored.
• Unless there are serious problems with the work, the decisions made by previous editors should not be changed.
• Credentials of the authors should be kept confidential in the context of blind refereeing.
• The work evaluation process must be published and editors should avoid any deviations that may occur in the defined processes.
• Authors should be provided with explanatory and informative statement and feedback.
• Editorial Board members should take precautions to prevent unscientific and unethical behaviors such as plagiarisers.
• While making any decision (publication, rejection, etc.) regarding the articles, the members of the Editorial Board take into account the original value of the articles, their contribution to the field, the validity and reliability of the research method, the clarity of the narration, and the purpose and scope of the journal.The editor or the editorial board cannot, for any reason, take into account the race, ethnicity, gender, sexual orientation, thoughts and beliefs of the authors.
• The editors apply the blind review and evaluation process policies, which are among the journal's publication policies. They ensure that each article is evaluated in an unbiased and timely manner.
• The editor needs to support authors' freedom of expression.
• The editor and the editorial board should evaluate the works submitted for publication in the journal in terms of journal writing rules.
• Editors take into account consistent criticism of articles published in the journal, giving the right to respond to the author (s) of the criticized articles.

Duties and Responsibilities Against Referees
• Referees should be determined in accordance with the subject of the study.
• The information and guides that the referees will need during the evaluation phase should be provided.
• It should be noted whether there is a conflict of interest or unity of interest between the authors and reviewers.
• Credentials of the referees must be kept confidential in the context of a blind review.
• Referees should be encouraged to evaluate working in an objective, scientific and objective language.
• Practices and policies that increase the performance of referees should be determined.
• Editors should be looking for a wide range of referees and to be constantly updated.
• Evaluations that are not scientific and do not comply with academic courtesy rules should be avoided.

Duties and Responsibilities Against The Editorial Board
• The members of the new editorial board can contribute and be identified as appropriate.
• The work of the members of the editorial board in accordance with their expertise should be sent for evaluation.
• It should be in regular interaction with the editorial board.
• It should be ensured that editorial board members evaluate their work impartially and independently.

Duties and Responsibilities Towards The Publisher
• The relationship between the Publisher and the Editorial Board is based on the principle of independence, all decisions taken by the editors are independent from the publisher and other individuals and organizations.

Duties and Responsibilities Towards Readers
• The editor or editorial board members should clearly state the type of articles published in the journal (research article, decision review etc.) and whether they are refereed.
• The editor or editorial board members are obliged to take into account the feedback from the reader and provide descriptive information.
• Academic publication should ensure its integrity. Correction of errors, inconsistencies or misleadings in articles should be ensured.


Ethical Responsibilities of Referees
All articles submitted to Selçuk Law Review are evaluated through a double-sided blind review process. Double-sided blind referee means that the authors are kept secret from the referees and the referees from the authors in order to ensure an objective, independent and independent evaluation process. The articles are sent to the referees through the DergiPark system for evaluation. Referees are required to fill in a form including the contribution of the article they evaluate to the legal field and whether the article is published or not and its rationale for these decisions.
Referees are expected to comply with the following ethical responsibilities for the works sent to Selçuk Law Review:
• Referees should only agree to evaluate articles related to their area of specialization.
• A referee who has been invited to make an referee assessment must inform the editor as soon as possible if he can act as a referee for the relevant work.
• Referees are obliged to evaluate the works in neutrality and confidentiality.
• Referees may not share or use the information contained in a work they are assigned to study with others before publication, without the express permission of the author. They can only use the final versions of the studies they have studied only after their publication.
• When the referees notice any conflict of interest-union of interest, they should inform the editor and refuse to referee the article.
• The style used by the referees in the “Referee Review Form” should be polite, respectful and scientific. Referees should avoid humiliating personal comments that include hostility, slander and insults. When it is determined that the referees make such unscientific comments, they can be contacted by the editor or editorial board to review and correct their comments.
• The referees are required to state their decisions on whether the article they evaluated is publishable and the reasons for their decisions in the Referee Review Form.
• The referees are required to complete their evaluation within the time allowed.
• The referees should inform the editors in the event of publication that is similar to any previously published work or information.


Ethical Duties and Responsibilities of the Publisher
Selçuk Law Review is published by Selcuk University. The publisher's ethical responsibilities are as follows:
• The publisher acknowledges that the decision-maker and the referee process are the responsibility of the editor during the article publishing in Selçuk Law Review.
• The publisher provides open, electronic and free access to the journal on the journal's website.
• The editorial board of the journal is appointed by the dean of the Selcuk University Faculty of Law on behalf of the publisher.
• It protects the property and copyright of every article published in the journal and undertakes to keep a record of every published copy.


PUBLICATION POLICIES


Policies Regarding the Work Evaluation Process

Submission Process of the Article
1) Prepared studies should be submitted to the review editor by uploading to the system via “DERGİPARK”. All stages, including the review of the referees, are carried out through the “DERGİPARK”system.
2) The manuscript submitted for publication in the review should not have been published or submitted for publication.
3) The copyright transfer form must be filled out along with the work submitted for publication in the review. In this context, authors will not be paid copyright. The authors acknowledge that all publication rights and financial rights, including any format, on the published works belong to the Selçuk University Faculty of Law.
4) All works submitted for publication in the review are examined in the plagiarism program iThenticate. Plagiarism / similarity ratio can be maximum 20%. Works with a plagiarism rate of more than 20% are rejected directly by the editorial board and removed from the publication process.
5) The works submitted for publication in the review are firstly evaluated by the editorial board in terms of the above-mentioned conditions. At the preliminary evaluation stage, the authors are required to complete the corrections requested by the editorial board within 15 days. Otherwise, the editorial board has the right to reject the work without contacting the author.
Process of the Referee Evaluation
6) The studies submitted for the publication in the review shall not be published without obtaining the positive opinions of the referees (two referees who are kept confidential) or providing new text containing the corrections proposed by the referees. If one of the referees gives a positive and the other a negative opinion, the article is sent to a third referee.
7) The period of evaluation given to the referee is 20 days and can be extended 20 days if necessary. If referee’s report is not sent within the period, the Editorial Board of Selçuk Law Review will appoint a new referee without contacting the former referee.
8) If the total number of points given by both referees is 50 or less, the editor of Selçuk Law Review is authorized not to publish the study even if both referees reported that the study can be published.
Process of the Article Correction
9) The time allowed for the authors to complete the corrections stated in the evaluation report sent by the referee is 1 month. If the author does not complete the revisions within one month, the editorial board has the right to reject the work without contacting the author.
Process of the Review Typographic
10) The acceptance time of article is taken into consideration in the sequence of each issue.


Copyright Policies
• The works sent to our journal for publication should have the characteristics of original work, which have not been previously published or sent to be published anywhere. When submitting their work, individuals are obliged to declare that the work has not been previously published on any other platform or has not been evaluated for publication. In the event of a contrary situation, the author will be held responsible for the situation in accordance with the relevant sanctions.
• Author (s) writing the article,
a) the submitted article is their own work and the originality of the article
b) Authors participated in this study individually and all responsibilities belong to them.
c) Authors have seen the final stage of the article and confirm that it is publishable.
d) the article has not be published anywhere or submitted for publication.
e) the text, figures and documents contained in the article do not infringe the Copyright of others;
f) with reserve rights at the bottom; publication, printing, presentation, distribution and electronic publishing of the article is permitted by author(s) to be used by “Selcuk University Faculty of Law” without any conditions.
• The author (s) other than the above-mentioned items
a) patent rights other than copyright,
b) The right of the author (s) to use the entire article free of charge in their works such as lectures, presentations and books,
c) Intellectual property rights, such as the right to reproduce for their own purposes, are reserved, provided that the article is not sold.
• The author (s), however, have the right to reproduce, distribute the article by mail or electronically. The use of any part of the article in another publication is permitted, provided that reference is made to Selçuk Law Review.
• The author (s) who wrote the article, that "Selcuk University Faculty of Law and Journal Editors" have no responsibility in the claims to be requested by third parties due to copyright infringement, and also that there is no crime element or illegal statement in the article, and any violating law while conducting the research. commits (s) that no materials and methods are used, all legal permissions are obtained, and that ethical rules are observed.
• Authors who will submit their works to our journal must fill in the "Copyright Transfer Form" document. Author (s) must sign the completed form with a wet signature. The signed form must be scanned and sent to the Journal at the first application.


Plagiarism Policy
• Regardless of whether the plagiarism is intentional or not is an ethical violation. It is a crime and unacceptable as well as it is unethical to make studies similar to other sources without reference and publishing them as such.
• Editorial Board can act in accordance with COPE rules in the face of allegations and suspicions of allegations, citation manipulations and data forgery related to the works submitted to the journal.
• All works submitted for publication in the review are examined in the plagiarism program iThenticate. Plagiarism / similarity ratio can be maximum 20%. Works with a plagiarism rate of more than 20% are rejected directly by the editorial board and removed from the publication process.


Blind Referee Policy
• Blind refereeing processes directly affect the quality of academic publications. For this reason, the evaluation process of Selcuk University Faculty of Law is carried out with the principle of double-sided blind review.
• The articles are sent to the referees anonymously and the referees are not informed about the authors' identity.
• The names of the referees who made the assessment are also not specified in the reports and in the journal due to the double blind method.
• The referees cannot directly contact the authors, the evaluation and referee reports are transmitted through the DergiPark system. In this process, evaluation forms and referee reports are sent to the author (s) through the editor.


Open Access Policy
• Selçuk Law Review, as a journal that is aware of the fact that information should be easily accessible in order to advance scientific studies, can be found in the Budapest Open Access Declaration (available here: https://www.budapestopenaccessinitiative.org/boai-10-translations/turkish-translation) The field supports the open access of peer-reviewed journal literature and presents all published articles free of charge in an environment that everyone can read and download.
• All contents of Selçuk Law Review are offered to readers free of charge.
• Readers can read, download, copy, search and provide full text of journal articles, except for commercial purposes, without permission from the publisher or author. Selçuk University, the publisher of the journal, does not require any subscription fee, publication fee or similar payment for access to electronic resources, except for commercial purposes.
• Articles in this journal can be used as long as reference is made to the author and the original source. No permission is required from authors or publishers.


Creative Commons
• Creative Commons license is a kind of public copyright license that allows free copying of a copyrighted work or work. An author uses the CC license when he / she wants to share or make changes to use the work he created.
• Our journal approves the "Creative Commons Attribution License (Attribution-NonCommercial-NoDerivatives 4.0 International CC BY-NC-ND)" license for all published articles.
• This license allows other authors to use your work in their own works for non-commercial purposes and provided that they refer to your work.
• Open access is an approach that reinforces interdisciplinary development and promotes cooperation between different disciplines. Therefore, Selçuk Law Review contributes to its field by offering more access to its articles and a more transparent review process.


Wages Policy
• All expenses of the journal are afforded by Selçuk University.
• No charge is demanded for publishing an article and processing of them.
• Processing charges or submission fees are not got for any submitted or accepted articles.


Advertisement Policy

• All advertisements depend on the approval of the Publisher or Editor.
• Scientific content and decisions made by the editorial board have not been affected by advertising.
• Advertisements are separate from the scientific content.
• Sales and marketing of the products within the accepted advertising are unfeasible.
• Editor or publisher of the journal is not responsible for advertisement and its content. This responsibility entirely belongs to the owner of advertising.
• Accepted advertisement can be placed on any page approved by the editor or publisher.
• Advertising is done according to the contract between advertising company and journal management.
• Advertising content has not included any distinction of language, religion, race, gender, age, disability and etc.
• Advertising that contrary to society and publication ethics must not be published.
• Advertising that produced according to national rules and fulfilling their obligations such as license are accepted for publishing.
• Advertisements must be prepared in accordance with competition laws and other relevant regulations.
• Journal management shall not be liable for pecuniary loss due to errors of the advertising content.

• All expenses of the journal are afforded by Selçuk University.
• No charge is demanded for publishing an article and processing of them.
• Processing charges or submission fees are not got for any submitted or accepted articles