Current Issue

Volume: 28 Issue: 4, 10/29/24

Year: 2024

ÖZEL HUKUK

KAMU HUKUKU

Ankara Hacı Bayram Veli University Faculty of Law Journal (AHBVU-FLJ) is a double-blind anonymous peer reviewed academic journal that publishes original research and analysis on legal issues from academics, practitioners and researchers in accordance with the principles of scientific research. The objective of AHBVÜ-FLJ is to make a contribution to the national and international legal literature by publishing original scientific studies in the field of law. The objective of AHBVÜ-FLJ is to enhance its international engagement by publishing articles pertaining to international law, comparative law, European Union law, and Turkish law.

The journal publishes articles and translations. These may be in either Turkish, English, German or French. The journal's content encompasses studies in the fields of law and law-related disciplines. It is divided into two sections: private law and public law. It is published four times a year (January-April-July-October).

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

You have access to the AHBVU-JLF Article format here.

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.

Extended Abstract
In order to increase the visibility and citation rate of the articles an extended abstract of 600-800 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.


Ethical Principles

The AHBVU-FLJ adheres to the highest standards of ethical practice in accordance with internationally-agreed publication ethics guidelines. AHBVU-FLJ adheres to the Code of Conduct and Best Practice Guidelines for Journal Editors, as set forth by the Committee on Publication Ethics (COPE), as well as the Principles of Transparency and Best Practice in Scholarly Publishing. Furthermore, it adheres to the publication ethics standards set forth by the Directory of Open Access Journals (DOAJ) and the Open Access Scholarly Publishers Association (OASPA).

Transparency Principle

The operation of the journal is conducted in a transparent manner, in accordance with predetermined procedures. The article acceptance process is conducted via the Dergipark system, ensuring that relevant units and individuals are able to access information at any time and monitor the progression of each stage.

Publication Policy

Submissions are made by authors to the journal via the Dergipark system. Dergipark is an organisation affiliated with TUBITAK ULAKBIM, which offers technical assistance for peer-reviewed academic journals published in Turkey. This is achieved through the provision of electronic hosting and editorial process management services. For further details regarding Dergipark, please refer to the following link: https://dergipark.org.tr/tr/pub/page/about. All processes pertaining to the journal, including communication, are conducted through Dergipark's highly secure and continuously updated system. The archiving of article processes, files and correspondence is facilitated through the Dergipark system.

In general, manuscripts that have been through the publication process are published in the first subsequent issue. However, the Editorial Board may opt to publish some articles in the next issue, taking into account the number of articles or the topic of the articles in question. The authors are informed of such decisions. Each author can have one article published in four issues. If an author submits more than one article, the process of the remaining articles cannot begin until the process of the first article is completed.

Responsibilities of Authors

The submitted articles must align with the purpose and scope of the journal. It is the responsibility of the authors to ensure that their articles comply with the relevant scientific and ethical rules. The following practices are considered unethical: plagiarism, duplication, false authorship or denied authorship, research or data fabrication, article slicing, the splitting of articles, copyright infringement and the concealment of conflicts of interest. Any articles that fail to meet the requisite ethical standards will be removed from the publication process.

The author is required to upload a signed and printed Ethical Declaration Form to the system, attesting that the article is original, has not been previously published elsewhere, and is not currently under consideration for publication elsewhere or in another language. Should copyrighted material (e.g. tables, figures or extensive quotations) be used, permission and acknowledgement must be sought.

The works of other authors and contributors, or the sources utilised, are referenced appropriately. Individuals who did not contribute directly to the academic and scientific content of the work in question are not to be indicated as authors.

The order of the authors' names is determined by a joint decision of the authors. It is the responsibility of all authors to indicate the author order in the Copyright Transfer Form.

In the case of translated works, written permission for publication must be obtained from the author or the person or organisation holding the right of publication. This permission document must be attached to the application document.

Individuals who do not meet the criteria for authorship but have contributed to the study (for example, by providing technical support, assisting in writing or providing only general support, or providing financial and material support) are listed in the section entitled "acknowledgements/information."

The authors declare any financial relationships, conflicts of interest, or competition of interest that have the potential to influence the results of the research or the scientific evaluation.

In the event of an author identifying a significant error or inaccuracy in a published manuscript, it is their responsibility to immediately contact and cooperate with the editor for the purpose of correction or retraction.

It is the responsibility of the author to demonstrate that they have the requisite rights to use the data in question, that they have obtained the necessary permissions for the research and analysis, or that the consent of the subjects of the experiment has been obtained.

It is not permitted for an author to submit their work to more than one journal concurrently. Each application may be initiated only after the preceding one has been completed.

The author is required to provide their name, ORCID number and institutional information in a clear, accurate and comprehensive manner on the printed Cover Page within the system. The city and country information is to be provided subsequent to the university and faculty/directorate addresses.

Responsibilities of Editors and Assistant Editors

The editor is the individual responsible for overseeing the entire publication and refereeing process, from the initial submission of an article to its eventual publication. The editor's role is to ensure the quality and performance of the journal in question. The editor is appointed by the Dean of the Faculty of Law for a period of three years from among the academic staff of the University who hold at least a doctoral degree.  One of the editors is the Editor-in-Chief.

The role of the Editor-in-Chief is to ensure the quality of the publication and to facilitate the harmony and coordination between field editors and assistant editors.

Each article is assigned a field editor and deputy editor, who are visible to the authors via the Dergipark system. The distribution of tasks is made in accordance with the respective areas of expertise of the editors and deputy editors. A distribution other than that specified above may be made for reasons pertaining to workload and periods of absence.

The evaluation of manuscripts is conducted by editors in a manner that is independent of the ethnic origin, gender, nationality, religious beliefs, and political philosophy of the authors.

The field editors assess the articles submitted to the journal in accordance with established criteria, including quality, content, and contribution to the field. Based on this evaluation, they determine whether the article should be included in the publication process. At this juncture, the article may be rejected without further consideration.

Deputy editors are responsible for ensuring that the articles under their purview adhere to the journal's style guidelines and that the authors implement the requisite corrections. Assistant editors then direct the articles that have undergone a preliminary review to the relevant field editor, who will appoint the referees. Assistant editors liaise with authors, furnishing them with pertinent information and issuing necessary reminders to editors.

The field editors oversee the double-blind peer review process for the articles. It is the responsibility of the editors to ensure that there is no conflict of interest between the authors, editors and referees. Should the peer review not be completed within a reasonable timeframe, the editors may contact the referee and request that the process be accelerated or alternatively appoint a new referee.

Following the completion of the peer review process, the editor will undertake a detailed evaluation of the referee reports. The Board of Editors convenes to determine whether to accept the article, refer it to a third referee, or reject it. The rationale behind the rejection decision is conveyed to the author, along with the referee reports.

All information related to the articles is maintained in confidence until the article is published.

The Editor-in-Chief may publish an error page or implement necessary corrections with the author's knowledge.

Review and Responsibilities of Referees/Peer-review Policy

Double-blind-anonymous peer review is required for scientific research articles and translated articles.

They are appointed by the field editors. It is imperative that the referees are free from any potential conflicts of interest with regard to the research in question, the authors thereof, and/or the funders of the research.

It is imperative that the referees appointed to assess the articles in question are not affiliated with the same institution as the author. The evaluation of manuscripts is conducted by external, independent referees who are free from any conflicts of interest with the authors. In the case of academic authors, referees should be selected from among those with a higher academic title if possible. (For example. The article of a doctoral researcher is sent to academics with the title of associate professor or professor.)

In the context of blind peer review, the identity of the referees is kept confidential.

It is imperative that the referees respond to the invitation, which is sent to them via e-mail via Dergipark, with the article abstract attached, within 10 days. Should the necessity arise, this period may be extended twice more for a further five days. Should the referee fail to accept or reject the invitation within the specified timeframe, the field editor is able to cancel the invitation through the system and issue a referee invitation to an alternative candidate.

Once the invitation has been accepted, the referee is able to access both the article file and the Reviewer Evaluation Form via their Dergipark account. As a general rule, the referee review is completed within 30 days. However, should this be unfeasible, the field editor may extend this period. If the referee does not consider himself/herself competent on the subject of the article or if it is not possible to provide timely feedback, he/she should notify the editor and request the cancellation of the referee process.

It is the responsibility of the referees to complete the Reviewer Evaluation Form in a truthful manner and to provide a well-founded assessment.

In order for an article to be published in the journal, it must be approved for publication by at least two referees. Referees are permitted to request either minor or major revisions to the article. In this instance, the author is required to make the necessary amendments to the article in accordance with the recommendations set forth by the referees. In the event that a minor revision is required, the revised article is then subject to further review by the relevant assistant editor. In the event of a major revision, the article is resubmitted to the same referee for a determination of its suitability for publication in its edited form.

Should both referees conclude that an article is not fit for publication, it will not proceed to publication. In the event that one of the referees considers the article unsuitable for publication, the editorial board may choose to reject it or to refer it to a third referee, taking into account the comments of the other referee on the article.

The confidentiality of all information pertaining to submitted manuscripts is maintained by referees. It is not permitted for referees or members of the editorial board to discuss articles with other individuals. Should they identify any instances of copyright infringement or plagiarism on the part of the author, they are obliged to report the matter to the editor.

The performance of reviewers is evaluated according to criteria such as the timeliness of their feedback. It is the policy of the journal to prohibit unkind and unscientific evaluations.

Relations with Authors

In the event that an article is rejected at the initial review stage, the author will be informed of the reason for this decision. Should the article be rejected on the grounds of unfavourable referee reports, the relevant reports and accompanying justification will be made available to the author via the Dergipark system. It is always possible for authors to communicate with editors and assistant editors via the Dergipark system. The editors respond to queries from authors and consider their feedback and grievances. All correspondence on the Dergipark system is archived.

The Editorial Board

The Editorial Board, comprising the Editor-in-Chief, Field Editors and Assistant Editors, maintains continuous communication and collaboration to guarantee that the publication process adheres to the established principles and rules. The editorial board meets regularly to collectively determine the journal's editorial policy. It is essential that the board is constituted with equal representation of genders.

The Advisory Board

The Advisory board, comprising academics from a range of institutions, oversees the operations of the journal and offers insights and recommendations.