Volume: 27 Issue: 3, 7/31/23

Year: 2023

ÖZEL HUKUK

KAMU HUKUKU

Ankara Hacı Bayram Veli University Law Faculty Review (AHBVÜ-FLR) has been a precious reference for academicians, practitioners and students throughout its 25-year publication life.

AHBVÜ-FLR aims to contribute to the national and international legal literature by publishing genuine theoretical and practical academic research in the field of law.

• It aims to publish current and innovative scientific studies.

• It aims to publish studies on comparative law, international law and EU law as well as Turkish law.

• It aims to bring together the publications on current legal developments within a reasonable period.

• It aims to present current scientific studies to the reader through an editorial system that works fairly.

AHBVU-LFR is published four times a year. Besides research articles and translations, book reviews and judicial decision are also published in the journal.

Research articles in the journal are peer-reviewed by at least two referees from the relevant field.

Articles published in the journal can be in Turkish or English.

The journal consists of two parts: Private law and public law.

Articles are accepted in fields such as Constitutional Law; Human Rights Law; International Law; Criminal Law; Administrative Law; Civil Law; Commercial Law; Tax Law; Procedural and Enforcement Law; History of Law; Sociology of Law and Philosophy of Law; European Union Law, Comparative Law and IT Law.


Font, Size, Line Spacing and Writing of Paragraphs:

o Articles should be written in “Microsoft Word” software.
 o The Latin alphabet should be used in the writing of articles.
 o The main text of the article should be written in accordance with the following rules:
¬ Times New Roman font,
 ¬ 12 pt font size,
 ¬ Justify alignment,
 ¬ 1.5 line spacing,
¬ 6 pt paragraph spacing before and after paragraphs and headings,
¬ 1.25 paragraph indent for the first line of paragraph.
 o Citations for referred resources should be added as footnotes at the end of each page.
 o The footnotes should be written in accordance with the following rules:
¬ In Times New Roman font, 
¬ 10 pt font size,
 ¬ Justify alignment,
¬ Single line spacing,
 ¬ 0 pt paragraph spacing before and after paragraphs.

 • Chapter Titles:
 o All headings should be written in accordance with the following rules:
 ¬ Times New Roman font,
¬ 12 pt font size,
 ¬ Left alignment (1.25 paragraph indent as the first line of paragraphs).
¬ Bold,
¬ The first degree headings - all uppercase;
¬ The second and third degree headings - the first letter of each word is capitalized,
¬ The fourth degree and other chapter headings - only the first letter of the first word is capitalized and the others lowercase.
o The first degree headings should be numbered in capital Roman numerals (I, II, III, IV, V etc.);
o The second degree headings should be numbered in capital letters (A, B, C, Ç, D etc.) in the Turkish alphabet (Latin alphabet);
o The third degree headings should be numbered in Arabic numerals (1, 2, 3, 4, 5 etc.);
o The fourth degree headings should be numbered in lowercase letters (a, b, c, ç, d etc.) in the Turkish alphabet (Latin alphabet);
o The fifth degree headings should be numbered in Arabic numerals [(1), (2), (3), (4), (5) etc.] in parentheses.
o How other headings will be numbered is optional.
o “CONCLUSION” and (if any) “INTRODUCTION” headings should be written in accordance with the following rules:
¬ Times New Roman font,
¬ 12 pt font size,
¬ Left alignment (1.25 paragraph indent as the first line of paragraphs),
¬ Bold,
¬ All letters are uppercase,
¬ These headings should not be numbered.
Example:
INTRODUCTION
I. PRINCIPLE OF SUBSTITUTE IN KIND II. APPLICATION OF THE PRINCIPLE OF THE SAME SUBSTITUTION IN THE SHARED GOODS SEPARATION REGIME
A. Shared Separation of Goods Regime
1. Generally
2. Commencement of Shared Property Separation Regime
3. Rights and Responsibilities of Spouses in the Shared Property Separation Regime 
a. Rights of spouses 
b. Spouses' debts
B. Asset Tables and the Application of the In-kind Substitution Principle in the Shared Separation of Goods Regime
1. Generally 2. Spouses' Personal Property 3. Family-Specific Goods
a. Goods dedicated to the common use and enjoyment of the family
b. Investments to secure the economic future of the family c. Values ​​that replace family-specific goods and in-kind substitution practice
(1) Examination of the concept of “substitute values” and the application of the principle of substitution in kind in the regime of participation in acquired goods
(2) Application of the principle of substitution in kind within the scope of family-specific goods
CONCLUSION

• Word Count:
o The text of the academic papers sent to the journal should not exceed 15,000 words.
o Abstracts and bibliography will not be included in the word limit for the text part.

• Language to be Used in Articles:
o Articles written in Turkish, English and German languages ​​are accepted to our journal. However, it is also possible to publish academic studies in other foreign languages ​​that are deemed appropriate by the Editorial Board. The Latin alphabet should be used in the writing of the articles.

• Main Title, Abstract and Keywords:
o The main title of the academic study should be written in accordance with the following rules:
¬ Times New Roman font,
¬ 12 pt font size,
¬ Bold,
¬ Center alignment,
¬ 1.15 line spacing,
¬ 6 pt paragraph spacing after the heading,
¬ All uppercase, o Before the text of the article, a summary of at least 100 and maximum 200 words and five keywords, written in the same language with the article, should be added.
o Abstract and Keywords should be written in accordance with the following rules:
¬ Times New Roman font,
¬ 12 pt font size,
¬ Italic,
¬ Justify alignment,
¬ Single line spacing,
¬ 6 pt paragraph spacing before and after paragraphs and headings,
¬ No paragraph indent should be used for the first line of paragraphs.
¬ The headings “SUMMARY” and “Keywords” should be written in bold.
o In the articles written in Turkish, after the abstract and keywords, English translation of the Main Title, summary and five keywords should be added.
o The English translation of the Main Title should be written in accordance with the following rules:
¬ Times New Roman font,
¬ 12 pt font size,
¬ Bold,
¬ Center alignment,
¬ 1.15 line spacing,
¬ 6 pt paragraph spacing after the heading,
¬ All uppercase,
o The English translation of the summary and five keywords should be written in accordance with the following rules:
¬ Times New Roman font,
¬ 12 pt font size,
¬ Italic,
¬ Justify alignment,
¬ Single line spacing,
¬ 6 pt paragraph spacing before and after paragraphs,
¬ No paragraph indent should be used for the first line of paragraphs.
¬ The headings “SUMMARY” and “Keywords” should be written in bold.
o In addition to the English title, abstract and keywords, the author can add German title, abstract and keywords to the academic work.
 o In the articles written in English, a summary of at least 100 and maximum 200 words and five keywords, written in the same language with the article, should be added.
o In the articles written in English, after the abstract and keywords, Turkish translation of the Main Title, summary and five keywords should be added.
o The Turkish translation of the Main Title should be written in accordance with the following rules:
¬ Times New Roman font,
¬ 12 pt font size,
¬ Bold,
¬ Center alignment,
¬ 1.15 line spacing,
¬ 6 pt paragraph spacing after the heading,
¬ All uppercase,
o The Turkish translation of the summary and five keywords should be written in accordance with the following rules:
¬ Times New Roman font,
¬ 12 pt font size,
¬ Italic,
¬ Justify alignment,
¬ Single line spacing,
¬ 6 pt paragraph spacing before and after paragraphs,
¬ No paragraph indent should be used for the first line of paragraphs.
¬ The headings “SUMMARY” and “Keywords” should be written in bold.
o In the articles written in German or other foreign languages ​​that will be deemed appropriate by the Editorial Board, a summary of at least 100 and maximum 200 words and five keywords, written in the same language with the article, should be added.
o In the articles written in German, after the abstract and keywords, Turkish and English translations of the Main Title, summary and five keywords should be added.
o The Turkish and English translations of the Main Title should be written in accordance with the following rules:
¬ Times New Roman font,
¬ 12 pt font size,
¬ Bold,
¬ Center alignment,
¬ 1.15 line spacing,
¬ 6 pt paragraph spacing after the heading,
¬ All uppercase,
o The Turkish and English translations of the summary and five keywords should be written in accordance with the following rules:
¬ Times New Roman font,
¬ 12 pt font size,
¬ Italic,
¬ Justify alignment,
¬ Single line spacing,
¬ 6 pt paragraph spacing before and after paragraphs,
¬ No paragraph indent should be used for the first line of paragraphs.
¬ The headings “SUMMARY” and “Keywords” should be written in bold.

• Citations:
o Sources should be cited in the footnotes.
o When a source is cited for the first time, the reference should be written in accordance with the following rules. In cases where there is no rule in the citation procedure detailed below, the OSCALA (The Oxford University Standard for Citation of Legal Authorities) system should be followed

Books: Name and Surname, Book Title, Published, Publisher, Year, Referenced Page.

Example: Rıza Ayhan, Commercial Business Law, 2nd Edition, Turhan, 2007, p. 89.


Book chapters: Name Surname, “Subject (Chapter) Name”, Editor(s) Name and Surname (Ed.), Book Title, Publisher, Year, Referenced Page.

Example: Hayrettin Çağlar, “The Debt Relationship of the Shareholder with the Company in Joint Stock Companies”, Erol Ulusoy (Ed.), Individual and Minority Shareholder Rights in Joint Stock Companies, Bilge Publishing House, 2016, p. 143.

Articles: Name Surname, “Article Title”, Journal Name, Volume (Issue), Year, Referenced Page.

Example: Cumhur Şahin, “The Scope of the Investigation on the Objection to the Decision of Postponing the Announcement of the Judgment”, Marmara University Faculty of Law Journal of Legal Studies, Prof. Dr. Gift to Nur Centel, 19(2), 2013, p. 293.

Resources available on the Internet:

Example: Abdülkerim Yıldırım, “Assurance of the Tenant in the Leases of Residential and Roofed Workplaces”, AUHFD, 64(1), 2015, <https://dergipark.org.tr/tr/pub/auhfd/issue/42392/510636>, Access Date 15 December 2020, p. 238.


o If the same source is cited again, the reference should be written in accordance with the following rules.
- For references to a single work of an author: Author's Surname, Page Number.
Example: Ayhan, p. 90.
- In references to more than one work by the same author, the title of the works should be abbreviated to distinguish it from other works of the author.
Example: Ayhan, Commercial Enterprise, p. 213.
Ayhan, Dividend, p. 100.

• Bibliography
o At the end of the article, there should be a “BIBLIOGRAPHY” page listing the sources used in the article.
o “BIBLIOGRAPHY” should be on the next page after the end of the text.
o The bibliography should be listed alphabetically according to the surnames of the authors.
o The bibliography should be written in accordance with the following rules:
¬ Times New Roman font,
¬ 12 pt font size,
¬ Justify alignment,
¬ Single line spacing,
¬ 6 pt paragraph spacing after paragraphs,
¬ Hanging paragraph indent for the first line.
o In the bibliography, it is not mandatory to include the court decisions cited in the text.
o In the bibliography, the sources should be written in accordance with the following examples:
Example: Ayhan R, Commercial Business Law, 2nd Edition, Turhan, 2007.
Example: Yıldırım A, “Tenant's Assurance in Housing and Roofed Workplace Leases”, AUHFD, 64(1), 2015, <https://dergipark.org.tr/tr/pub/auhfd/issue/42392/510636>, Access Date 15 December 2020, pp. 237-266.

• Academic studies submitted without being prepared in accordance with abovementioned requirements will be rejected or requested to be edited.
• For detailed information about submitting articles to the Journal, see Ethical Principles and Publication Policy.
• Author or authors' information should be given in the “Cover” form. Since the file from the author will be directed directly to the referee, the author information should not be included in the original text of the article.
• In addition to the “Cover” form, the “Ethical Declaration Form” and the “Copyright Transfer Form” must be filled and uploaded to the system. Otherwise, the review process will not continue. 

Extended Summary
In order to increase the visibility and citation rate of the articles an extended abstract of 800-1000 words should be prepared for research articles in Turkish. This rule is effective as of 2022, issue 27(1). Here, the aim, hypothesis and results of the article should be summarized comprehensively. Attention should be paid to the rules of English grammar. The extended summary must be placed after the abstract.


AHBVU-LFR operates in accordance with international publication ethics standards.

In the publication processes, AHBVU-LFR follows the publication ethics standards published by the Committee on Publication Ethics (COPE), the Directory of Open Access Journals (DOAJ) and the Open Access Scholarly Publishers Association (OASPA) and the World Association of Medical Editors (WAME). COPE Publication Ethics Guides, "Code of Conduct And Best Practice Guidelines For Journal Editors" and "Principles of Transparency and Best Practice in Scholarly Publishing" are adopted by the journal editorial board.

Transparency        

       The publication process of the journal is transparent and subject to predetermined procedures.

The journal is published by the AHBVU Faculty of Law. The name of the journal is Ankara Hacı Bayram Veli University Faculty of Law Review, and its abbreviation is AHBVU-FLR. Before the change in the Law in 2018, the journal was named as Gazi University Faculty of Law Review within the public body of Gazi University, to which the Law Faculty used to be affiliated. In this respect, the articles published under this name between 1998-2018 also belong to the Journal and can be accessed from the archive on the website.

The journal is published four times a year at the end of January, April, July and October. Authors submit their articles through Dergipark system. The system is always kept open for article submission. The article submission process operates through Dergipark System transparently. Writers are informed of every step of the publication process automatically.

Dergipark is a platform that provides technical support, electronic hosting and editorial workflow management system for high quality academic journals, published in Turkey under the umbrella of TÜBİTAK ULAKBİM. For detailed information about DergiPark, see https://dergipark.org.tr/en/pub/page/about

All the workflow of the Journal, including correspondence, are carried out through Dergipark's highly secure and constantly updated system. Article processes, files and correspondence are archived through Dergipark.

As a rule, articles whose editorial process has been completed and accepted are published in the next issue. However, the Editorial Board may decide to publish some articles in the next issue, considering the number of articles. In this case, the authors are informed.

For acceptance rates and processing times, please see the statistics on the journal homepage.


Research Ethics

      The journal adopts the principles of international research ethics.


Author's Responsibilities

Submitted articles must be in accordance with the purpose and scope of the journal.

It is authors’ responsibility to ensure that the article is in accordance with scientific and ethical standards and rules. Plagiarism, duplication, fraud authorship/denied authorship, research/data fabrication, salami slicing/salami publication, breaching of copyrights, prevailing conflict of interest are considered unethical behaviors. The articles that do not comply with the mentioned ethical standards are rejected.

The author uploads  a signed ethical declaration form (that is provided by the system)to the system that the article submitted is original, has not been published elsewhere, and is not under consideration for publication elsewhere.

Copyrighted material (for example, tables, figures, or large quotations) is used with appropriate permission and acknowledgement. Any work or words of other authors, contributors, or sources must be appropriately credited and referenced.

Persons who do not directly contribute to the content academically and scientifically in the creation of the study are not specified as authors. The order of names in the author list of an article must be a collective decision and it must be indicated in the Copyright Agreement Form (that is provided by the system). Written publication permission is obtained from the author or the person or institution that has the right to publish in translated works, and this permission document is attached to the application documents.

The individuals who do not meet the authorship criteria but contributed to the study (providing technical support, assisting writing, providing a general support, providing material or financial support) are indicated in acknowledgement / information section.

All authors disclose all issues concerning financial relationship, conflict of interest, and competing interest that may potentially influence the results of the research or scientific judgment.

In the situation of an author discovering a significant error or inaccuracy in his/her own published paper, it is the author’s obligation to promptly cooperate with the Editor to provide retractions or corrections of mistakes.

Authors must have a document showing that they have the right to use the data used, the necessary permissions for the research/analysis, and that the consent of the experimental subjects has been obtained.

Authors cannot submit more than one article at the same time. Each application can be started following the completion of the previous application.

It is not possible to offer a change the author responsibilities of a work whose evaluation process has started (such as adding an author, changing the author order, removing an author).

The author writes his/her name, ORCID number and institution information clearly, accurately on the Journal Cover Page that is provided by the system at the submission stage. Besides the University and Faculty/Directorate addresses; the city and country information should be also included.


Responsibility of the Editors and Deputy Editors            
       The editor is the person who manages the entire publication and peer review process from the time the article is submitted to the journal until its publication.

Editor is responsible for the quality and performance of the journal. Editor is appointed by the Dean of the Faculty of Law for a period of three years from among university faculty members holding at least a doctorate. Editor in Chief is head of the editors.

Editor in Chief is responsible for the harmony and coordination between the editors and deputy editors and is also responsible of the overall quality of the publication. As a rule, editors deal with articles related to their area of expertise.

Editors evaluate articles regardless of the authors' ethnicity, gender, nationality, religious beliefs, and political view.

Each article has an appointed editor and deputy editor, which can also be seen by the authors on Dergipark. The distribution of duties on the subject is made according to the expertise of the editors and deputy editors, and this distribution is predetermined.

Editors evaluate submitted articles in terms of quality, content and contribution to the field and decide whether the article should be put in the publication process. At this stage, the article can be rejected without being put into the process.

Deputy Editors check whether the article files are complete and that the articles comply with the journal writing rules and allow the authors to make the necessary edits.

Deputy editors receive a plagiarism report by submitting each article to the Turnitin plagiarism program.

Articles that’s preliminary review process has been completed are directed to the relevant editor for the appointment of the referees.

Deputy Editors communicates with authors and speed up the process by informing and reminding the editors about the necessary information.

Articles are sent for fair, double-blind peer-review by the editors. Editors do not allow any conflict of interest between authors, editors and referees. If the peer review is not completed in a reasonable time, the editors can contact the referee to request an expedite or appoint a new referee.

Editors monitor the performance of the appointed referees in terms of content, speed and style.

At the end of the peer review, editors evaluate the referee reports. The Board of Editors convenes and decides to accept the article, send it to a third referee or reject it. The grounds of refusal and the referee reports are sent to the author.

All information regarding the articles is kept confidential until the publication.

Editor in Chief may publish an error page or make corrections, if necessary.


Responsibilities of the Reviewers    
         Two reviewers for scientific research articles and one reviewer for translation articles are appointed by the field editors. It is essential that reviewers have no conflict of interest with the authors and/or the funders of the research.

Reviewers are determined in accordance with the subject of the study. It is essential that the reviewers have studies in the field of the article or are competent in the relevant field. The general rule is that the reviewer and the author belong to different institutions.

If the authors are academics, the reviewers are selected from academics with a higher title, if possible. (For example, if the article is written by a doctoral faculty member, it is sent to the academics with the title of associate professor or professor).

The identities of the reviewers are kept confidential.

It is essential that the reviewers respond to the invitation e-mail sent to them via Dergipark with the article abstract attached within 10 days. This period can be extended twice for 5 days if necessary. If the reviewer does not accept or reject the invitation, the editor can cancel the invitation through the system and choose another reviewer.

The reviewers who accept the invitation, can access the manuscript file and the peer review form through his/her Dergipark account.
If the reviewer does not consider himself/herself competent in the subject matter of the manuscript or is unlikely to provide a timely response, the reviewer should inform the editor and request should be canceled.

Reviewers are responsible for filling out the reviewer form truthfully with a scientific evaluation.

Articles must be reviewed by at least two reviewers. Reviewers may request minor or major revisions to the article. In this case, the author is asked to edit the article in line with the referees' opinions. In case of minor revision, the revised article is checked by the relevant deputy editor. In case of major revision, the article is resubmitted to the same reviewer, and he/she is requested to decide on the suitability of the edited version for publication.

Articles that are not considered appropriate for publication by both reviewers will not be published. If one of the reviewers deems the article inappropriate for publication, the article may be rejected by the editorial board or sent to a third reviewer, considering the comments of the other reviewer on the article. The editor decides whether the article is appropriate for publication in line with the opinions of the third referee.

Reviewers and editorial board members may not discuss manuscripts with other individuals. Reviewers keep all information about submitted manuscripts confidential. If they notice any copyright infringement and plagiarism by the author, the situation should be reported to the editor.

Reviewers are evaluated on criteria such as timeliness and performance. Unkind and unscientific evaluations are prevented.

Relations with Authors    
       The duties and responsibilities of the editors towards the authors are as follows:

The editors decide whether to accept or reject the articles into the publication process, considering the importance, original value, validity, clarity of expression and the aims and objectives of the journal. If the article is rejected, the author is notified of the reason.

If the article is rejected due to negative reviewer reports, the relevant reports are shared with the author via Dergipark system.

Authors can always communicate with the editors and deputy editors via the Dergipark system. They answer authors' questions and consider their comments or complaints. Correspondence on the Dergipark system is kept in the archive.

Editorial Board

The editorial board, consisting of editors and deputy editors, is in constant communication and cooperation to ensure that the functioning of the publication processes proceeds in accordance with the publication principles and rules. They meet regularly and take decisions collectively on the editorial policy of the journal.

Gender equality is taken into account in the composition of the editorial board.


Advisory Board

The advisory board, consisting of Turkish and foreign professors working in different institutions, follows the functioning of the journal and provides opinions and suggestions. They may be consulted by the editorial board regarding the academic competence of the articles according to their areas of expertise.

Ücretsiz