Volume: 1 Issue: 2 , 12/30/24

Year: 2024

Research Article

Decision Review

Balıkesir University Law Review (BAUNLR) publishes original scientific studies written in the field of law to contribute to the national and international literature and support the practice theoretically.

The journal publishes original scientific studies in the form of; research articles, review articles, case analyses, work evaluations and translations.

Writing Rules

1. The written language of the journal is Turkish, English and German.

2. The manuscripts to be published in the journal should be sent via the DergiPark system in Microsoft Word software format and rich text format (*.rtf) and by the publication principles and spelling rules listed in this title.

3. The OSCOLA (The Oxford University Standard for Citation of Legal Authorities) 4th Edition citation system should be taken as the basis for the studies submitted to the journal. The OSCOLA 4th Edition citation rules booklet available at: https://www.law.ox.ac.uk/sites/files/oxlaw/oscola_4th_edn_hart_2012.pdf (Please open the link on your computer.)

4. Footnote numbers should be given after all kinds of punctuation marks without a space. For example; Law, ............. is a set of rules.1

5. Research articles should include an abstract of at least 150 and at most 300 words in Turkish and an abstract in English, and 5 keywords in the same languages should be included in the study.

6. Foreign words in the text should be italicised.

7. References to Turkish works should not include any foreign words. For example, "ve" should be preferred instead of "and" in works with two authors or editors. Similarly, when abbreviating the edition, "bs" should be used instead of "edn" and "6. bs" should be used instead of "6th". The abbreviations to be used in studies conducted in languages other than Turkish and English should be made in the relevant language. For example; "und" should be used instead of "and"; "aufl" should be used instead of edition.

8. The research article sent to the journal with a request for publication should consist of at least 5,000 and at most 20,000 words, including footnotes. The publication of studies outside the specified limits is at the discretion of the editors. Studies other than research articles are not subject to the specified word limits.

9. The text of the study should be prepared in Times New Roman font with 1.5 line spacing and 12 pt. font, and footnotes should be prepared with single line spacing and 10 pt. font. Footnotes are shown at the bottom of the page.

10. The first line of the paragraph should start 1.25 cm inside.

11. Headings in the text should be organised as follows:

        I. BOLD AND ALL CAPITAL LETTERS

            A. Bold and Capitalised First Letters Only

                1. Bold and Capitalised First Letters Only

                    a. Thin and Capitalised First Letters Only

                        (1) Thin and Only the First Letters are Capitalised

The research paper template is available here.

12. "INTRODUCTION" and "CONCLUSION" headings should not be numbered.

13. At the end of the study, there should be a bibliography where the sources used in the study are listed according to the surnames of the authors. References by different authors with the same surname are listed alphabetically according to the initials of the first names. Different works of the same author are listed starting from the oldest date.

14. The title "REFERENCES" should be placed on the next page after the end of the text.

1. Balıkesir University Law Review (BAUNLR) is an electronic journal published twice a year in June and December.

2. Studies requested for publication should be sent to the journal only through the DergiPark system. All stages, including peer-review, are carried out through the DergiPark system.

3. The deadline for acceptance of manuscripts to be published in the June issue of the journal is 30th of April and the deadline for the December issue is 31st of October. Manuscripts submitted after these dates will be considered for the next issue.

4. The Editorial Board/Publication Board may decide to specialise an issue of the journal to a particular theme, or to publish it as a "Special Issue".

5. The Journal publishes original scientific studies written in the field of law to contribute to the national and international literature and support the practice theoretically.

6. Research articles, review articles, case analyses, work evaluations and translations can be published in the journal. For translated works, the original language copies must also be sent to the journal.

7. The conformity of the manuscripts to the academic criteria is evaluated through the double-blind peer-review system.

8. Studies submitted to the journal must be prepared by the Scientific Research and Publication Ethics Directive of the Council of Higher Education and the guidelines of COPE (Committee on Publication Ethics). The aforementioned ethical principles can be found at: https://publicationethics.org/files/Ethical_guidelines_for_peer_reviewers_0.pdf

9. Author names should appear below and to the right of the title in Turkish and English and an asterisk should be placed at the end of the surname. In the asterisked footnote, the title, institution, field and e-mail address of the author should be stated. For example; Balıkesir University Faculty of Law, Department of Civil Procedure and Bankruptcy Enforcement Law (example@balikesir.edu.tr, ORCID: 0000-1111-2222-3333).

10. Authors should also submit the scientific researcher number (ORCID information) to be obtained from https://orcid.org/register.

11. The studies submitted to the journal will be subjected to plagiarism review, and the similarity rate has been determined by the Editorial Board as a maximum of 15%.

12. Authors are required to submit the "Ethical Declaration Form", "Copyright Transfer Agreement" and "Declaration of No Need for Ethics Committee Permission Form" with their manuscripts. These documents can be accessed from the link: ..…

13. All publication rights of the works published in the journal belong to Balıkesir University Faculty of Law. The authors agree that all publication and financial rights belong to the Faculty.

14. All responsibilities that may arise from the opinions put forward in the works published in the journal belong to the authors. The opinions/evaluations in the studies published in the journal do not bind the Balıkesir University Faculty of Law and the journal boards.

A. Publication Ethics Statement

Balıkesir University Law Rewiev (BAÜNLR) is a journal published in accordance with the standards set forth by the Scientific Research and Publication Ethics Directive of the Council of Higher Education and the international standards set by COPE (Committee on Publication Ethics).

Within this framework, the Journal pledges to adhere to the principles of "Publication Ethics," "Research Ethics," and "Obtaining Legal/Special Permission Documents" as specified in the aforementioned national and international regulations.

The Scientific Research and Publication Ethics Directive of the Council of Higher Education can be accessed at https://www.yok.gov.tr/Documents/Kurumsal/mevzuat/Yay%C4%B1nEti%C4%9FiY%C3%B6nergesi_140318.pdf, and the Committee on Publication Ethics (COPE) guidelines can be accessed at https://publicationethics.org/resources/guidelines-new/principles-transparency-and-best-practice-scholarly-publishing.


1. Responsibilities of Authors

a. It is the responsibility of the authors to prepare the manuscripts in accordance with scientific and ethical standards. In works conducted by multiple authors, all authors share equal responsibility for the submitted and published work.

b. Manuscripts submitted to the journal should not have been previously published or submitted to another journal for publication. Authors also commit not to publish accepted manuscripts elsewhere later.

c. Authors are responsible for ensuring that the manuscripts submitted to the journal comply with the following rules:

- Properly and accurately citing all sources used in the study,

- Not listing individuals who did not contribute intellectually to the study as authors,

- Listing individuals who contributed intellectually to the study as authors,

- Disclosing any conflicts of interest related to the study,

- Indicating if the study originated from a master's or doctoral thesis or a project,

- Obtaining approval from ethics committees or commissions when necessary for the study,

- Complying with copyright regulations for intellectual and artistic works used in the study,

- Obtaining permission from the copyright holder(s) for translations.


d. Authors are solely responsible for any liabilities arising from the opinions advanced in the published articles.

2. Responsibilities of Reviewers

a. Evaluate the study in terms of its scientific content.

b. Make an evaluation independent of the author's gender, ethnic origin, race, religion, or political views.

c. Inform the Editorial Board if the study is incompatible with the scientific field, involves plagiarism or copyright infringement, or contains any impediment to publication.

d. Adhere to the principle of confidentiality during and after the review process and refrain from sharing information about the study with third parties.

e. Use an objective and constructive tone when conducting the review (avoiding demeaning or hostile language).

f. Promptly notify the Editorial Board of any conflicts of interest with the author.

3. Responsibilities of Editors

a. Accept original works that comply with the journal's publication policy.

b. Make decisions regarding the acceptance or rejection of manuscripts independent of the authors' gender, ethnic origin, race, religion, or political views.

c. Adhere to the principle of confidentiality.

d. Ensure that submitted manuscripts are evaluated by at least two reviewers through a double-blind peer review process.

B. Publication Policy

1. Pre-Evaluation Stage

a. Manuscripts to be published must be submitted to the journal only through the DergiPark system. All stages, including peer review, are conducted through the DergiPark system.

b. Works submitted to the journal must not have been published elsewhere or submitted for publication elsewhere. Submitting a work to the journal implies the author's commitment to this issue.

c. Authors must also submit the "Ethics Declaration Form," "Copyright Transfer Agreement," and "No Need for Ethics Committee Approval Declaration Form" through the DergiPark system. Additionally, in the case of translated articles, a written permission document indicating permission obtained from the author/authors or the person or institution holding the publication right must be uploaded to the system.

d. Authors are considered to have accepted the ethical principles, publication policy, and writing rules of the journal by submitting their works through the DergiPark system.

e. In the pre-evaluation stage, manuscripts are subjected to plagiarism checks. Manuscripts exceeding the maximum 15% similarity rate (excluding bibliographic materials, footnotes, and minor similarities of 2% or less) determined by the Publication Board are rejected.

f. During the pre-evaluation process, manuscripts with ethical or publication policy violations or above-average writing errors are rejected by the editors.

g. In the pre-evaluation stage, manuscripts that are found to be incompatible with the OSCOLA citation system or writing rules are returned to the authors for correction before being sent to reviewers. During the pre-evaluation stage, authors must complete the corrections requested by the editors within 15 days. Otherwise, the editors reserve the right to reject the manuscript without contacting the author.

h. The pre-evaluation process is completed within a maximum of 1 month.

2. Evaluation Stage

a. Manuscripts that have completed the pre-evaluation stage are sent to two reviewers, with the authors' information removed, in accordance with the double-blind peer review process. Reviewers are given 1 month to evaluate the manuscript. If deemed necessary, this period can be extended by 15 days.

b. Reviewers may express their opinions on whether the manuscript is suitable for publication and whether changes are required by selecting one of the options: "Accept," "Reject," "Major Revision," and "Minor Revision." If the reviewer's report contains a suggestion for "Minor Revision," and unless otherwise stated in the evaluation form, the manuscript will not be sent back to the reviewer for reevaluation. In the case of the "Major Revision" option, the manuscript will be sent back to the reviewer after the author has made the proposed changes.

c. If reviewers provide corrections in their reports, the manuscript is returned to the author for revisions. The author can only make the changes specified by the reviewers. If one reviewer gives a positive opinion and another gives a negative one, the manuscript is sent to a third reviewer. If both reviewers provide negative opinions, the manuscript will not be published.

d. Manuscripts that are not accepted for publication based on the reviewer evaluations will not be returned to the author. The author will be informed of the situation with negative reviewer reports.

e. Authors are given 15 days to make the corrections indicated in the evaluation report. If the corrections are not completed within the specified period, the editors reserve the right to reject the manuscript without further communication with the author.

3. Preparation for Publication Stage

a. All publication rights of the accepted manuscripts belong to Balıkesir University Faculty of Law. Authors will not be paid for copyright. Authors acknowledge that all publication rights and financial rights belong to the Faculty.

b. The Editorial Board may decide whether the manuscript will be published in the first issue or the subsequent issue, depending on workload.

c. In each issue, the sequence of composition is primarily determined according to the title. Works by authors with the same title are listed alphabetically by surname.

No fee is requested from the author who submits their work for publication in the Balıkesir University Law Review regarding the publication process. The author whose work is published in the journal does not receive a royalty fee in exchange for granting the University the rights to use it.

LICENSEE AND EDITOR IN CHIEF

Yücel Oğurlu
Prof. Dr. Yücel OĞURLU BALIKESİR ÜNİVERSİTESİ
Administrative Law
Mustafa Yasan
Prof. Dr. Mustafa YASAN Balıkesir Üniversitesi
Commercial Law, Banking, Finance and Securities Law

EDITORS

Münevver Kübra Bakırcı
Asst. Prof. Dr. Münevver Kübra BAKIRCI Balıkesir Üniversitesi Hukuk Fakültesi

İngilizce

Almanca

Family Law, Property Law (Excl. Intellectual Property Law), Contract Law, Private Law and Civil Obligations (Other)
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Asst. Prof. Dr. Yavuz ÖZKAN Balıkesir Üniversitesi
Law and Legal Studies, Civil Procedure Law, Legal History
Aytuğ Ceyhun Çakır
Asst. Prof. Dr. Aytuğ Ceyhun ÇAKIR BALIKESİR ÜNİVERSİTESİ HUKUK FAKÜLTESİ
Family Law, Property Law (Excl. Intellectual Property Law), Contract Law
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Asst. Prof. Dr. Şengül AL KILIÇ BALIKESİR ÜNİVERSİTESİ
Commercial Law, Corporations and Associations Law, Commercial Law (Other)

FOREIGN LANGUAGE EDITORS

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Assoc. Prof. Semih Batur KAYA BALIKESİR ÜNİVERSİTESİ
Constitutional Law
Ali Çetin Aslan
Asst. Prof. Dr. Ali Çetin ASLAN Balıkesir Üniversitesi Hukuk Fakültesi
Civil Procedure Law
Aytuğ Ceyhun Çakır
Asst. Prof. Dr. Aytuğ Ceyhun ÇAKIR BALIKESİR ÜNİVERSİTESİ HUKUK FAKÜLTESİ
Family Law, Property Law (Excl. Intellectual Property Law), Contract Law

ASSISTANT EDITORS

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Res. Assist. Meliha Ceyda TOPARLAK BALIKESİR ÜNİVERSİTESİ
Public International Law
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Res. Assist. Nisanur ÖNAY BALIKESİR ÜNİVERSİTESİ
Constitutional Law
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Res. Assist. Semih KAÇMAZ Balıkesir Üniversitesi Hukuk Fakültesi
Law and Religion
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Res. Assist. İsmet ÇOBANOĞLU BALIKESİR ÜNİVERSİTESİ
Family Law, Contract Law, Private Law and Civil Obligations (Other)
Aleyna Akyüz Bülbül
Res. Assist. Aleyna AKYÜZ BÜLBÜL Balıkesir Üniversitesi Hukuk Fakültesi
Family Law, Contract Law

EDITORIAL BOARD

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Asst. Prof. Dr. Harun HALİLOVİC ULUSLARARASI SARAYBOSNA ÜNİVERSİTESİ, HUKUK FAKÜLTESİ Web

Dr. sci. Harun Halilović is an Assistant Professor at IUS Law School. He holds a BA in Law from the University of Sarajevo, and an LL.M. from Queen Mary University of London. He obtained PhD in Law from the University of Tuzla Faculty of Law. Prior to joining IUS he was a practicing lawyer. 

Private Law and Civil Obligations (Other), Public International Law, Conflict of Laws (Incl. Private International Law)
Artificial Intelligence (Other), Law and Legal Studies, Intellectual Property Law, Contract Law, Banking, Finance and Securities Law, Labour Law, Non-Profit Law, Corporations and Associations Law
Jordan Delev
Asst. Prof. Dr. Jordan DELEV International Vision University
Intellectual Property Law, Contract Law, Banking, Finance and Securities Law, Corporations and Associations Law, Taxation Law, Commercial Law (Other)
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Asst. Prof. Dr. Kamala VALİYEVA İSTANBUL TİCARET ÜNİVERSİTESİ
Political Science, International Politics, International Relations, Regional Studies
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Prof. Dr. Aydın GÜLAN İSTANBUL ÜNİVERSİTESİ, HUKUK FAKÜLTESİ

İstanbul 1962 yılı doğumlu. Galatasaray Lisesi ve İstanbul Hukuk Fakültesi mezunu. İstanbul Üniversitesi Hukuk Fakültesi İdare Hukuku Anabilim Dalı öğretim üyesi ve başkanı

Administrative Law
Commercial Law, Banking, Finance and Securities Law, Corporations and Associations Law
Pavel Kuryndin
Assoc. Prof. Dr. Pavel KURYNDİN Saint Petersburg State University Web
Environmental Law, Civil Procedure Law, Constitutional Law, Administrative Law, Public Law (Other), Comparative Law, Access To Justice, Litigation, Adjudication and Dispute Resolution
Seyithan Kaya
Asst. Prof. Dr. Seyithan KAYA BALIKESİR ÜNİVERSİTESİ, HUKUK FAKÜLTESİ, KAMU HUKUKU BÖLÜMÜ, İDARE HUKUKU ANABİLİM DALI
Administrative Law

ADVISORY and SCIENTIFIC BOARD

Hana šarkinović-köse
Asst. Prof. Dr. Hana šARKİNOVİć-KÖSE INTERNATIONAL UNIVERSITY OF SARAJEVO Web

Hana Šarkinović-Köse DSc is Assistant Professor at Faculty of Law. She completed her Doctoral studies in Law at the Faculty of Law of University "Džemal Bijedić", Mostar, B&H.

She was legal trainee with the Montenegrin Agency for Personal Data Protection and Free Access to Information, Legal Advisor/Faculty Secretary of Faculty of Law of IUS, director of Zenith Group Sarajevo, member of IUS FLW Council.

She currently serves as Managing Editor of IUS Law Journal, member of SDG Executive Committee, Ethics Council, Monitoring Student Success Committee, reviewer in international law journals. Council of Europe Congress of Local and Regional Authorities appointed her Full Member of Group of Independent Experts on the European Charter on Local Self-Government for Montenegro for 2023-2028.

Philosophy of Law, Public Law, Constitutional Law, Administrative Law, Labour Law, European Union Law, International Humanitarian and Human Rights Law, International and Comparative Law (Other), Legal Systems (Other), Sociology of Law
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Prof. Dr. Mehmet Emin BİLGE Ankara Sosyal Bilimler Üniversitesi Hukuk Fakültesi Web
Law and Legal Studies, Commercial Law, Commercial Law (Other)
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Asst. Prof. Dr. Hakan YILDIRIM BALIKESİR ÜNİVERSİTESİ
Banking, Finance and Securities Law, Corporations and Associations Law, Commercial Law (Other), Life Assurance
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Asst. Prof. Dr. Gökçe ARIKAN BALIKESİR ÜNİVERSİTESİ
Law in Context (Other)
Ramazan Çağlayan
Prof. Dr. Ramazan ÇAĞLAYAN ANKARA HACI BAYRAM VELİ ÜNİVERSİTESİ, HUKUK FAKÜLTESİ
Administrative Law
Melania Ranieli
Assoc. Prof. Melania RANİELİ Università Magna Grecia di Catanzaro
Banking, Finance and Securities Law
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Prof. Dr. Mustafa Fadıl YILDIRIM ANKARA HACI BAYRAM VELİ ÜNİVERSİTESİ
Intellectual Property Law, Property Law (Excl. Intellectual Property Law)
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Prof. Dr. Bakhshillo KHODJAEV Tashkent State University of Law
Media and Communication Law, Legal Education, Communication Law, Competition Law, Commercial Law (Other)
Bulent Algan
Assoc. Prof. Dr. Bulent ALGAN ANKARA ÜNİVERSİTESİ
Public Law, Constitutional Law, Domestic Human Rights Law, International Humanitarian and Human Rights Law
Müzeyyen Eroğlu Durkal
Assoc. Prof. Dr. Müzeyyen EROĞLU DURKAL Erciyes Üniversitesi Hukuk Fakültesi
Administrative Law
Ali Osman Karaoglu
Assoc. Prof. Dr. Ali Osman KARAOGLU YALOVA ÜNİVERSİTESİ, HUKUK FAKÜLTESİ

Ali Osman Karaoğlu graduated from Marmara University Faculty of Law in 2008. Between 2008 and 2012, he worked as a lawyer affiliated to the Istanbul Bar Association. In 2013, he received his LLM degree in International Law from SOAS, University of London. In 2019, she completed her doctorate (PhD) in Public Law at Istanbul Sehir University. She was a visiting researcher at IALS, University of London for her master's thesis research, at Max Planck Institute for Comparative Public Law and International Law for her doctoral thesis research, and at Georgetown University & Institute of International Law for her post-doctoral research. She is currently working as a faculty member at Yalova University Faculty of Law, Department of International Law.

Public International Law
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Prof. Dr. Turan YILDIRIM MARMARA ÜNİVERSİTESİ, HUKUK FAKÜLTESİ
Law and Legal Studies, Administrative Law
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Prof. Dr. Hanife ÖZTÜRK AKKARTAL BALIKESİR ÜNİVERSİTESİ
Intellectual Property Law, Banking, Finance and Securities Law, Corporations and Associations Law, Commercial Law (Other)
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Eldor TULYAKOV Development Strategy Center
Non-Profit Law
Sercan Tokdemir
Asst. Prof. Dr. Sercan TOKDEMİR TOKAT GAZİOSMANPAŞA ÜNİVERSİTESİ, HUKUK FAKÜLTESİ, KAMU HUKUKU BÖLÜMÜ, CEZA VE CEZA MUHAKEMESİ HUKUKU ANABİLİM DALI
Criminal Law, International Criminal Law, Criminal Procedure, Courts and Sentencing, Crime and Social Justice, Criminology (Other), Crime and Punishment
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Prof. Dr. Özgür ÇINAR Greenwich University
International Humanitarian and Human Rights Law
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Asst. Prof. Dr. Nurhan YAPRAK İstanbul Ticaret Üniversitesi
Administrative Law
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Assoc. Prof. Dr. Ebru İBİŞ INTERNATIONAL BALKAN UNIVERSITY
Criminal Law, Causes and Prevention of Crime
Murat Doğan
Prof. Dr. Murat DOĞAN ERCİYES ÜNİVERSİTESİ, HUKUK FAKÜLTESİ Web
Law and Legal Studies, Family Law, Law and Humanities
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Prof. Dr. Mustafa AVCI Ankara Sosyal Bilimler Üniversitesi Hukuk Fakültesi

Prof. Dr. Mustafa Avcı 1965 Adana, Kozan doğumludur. İstanbul Üniversitesi Hukuk Fakültesi’nden 1984 yılında mezun olmuştur. Yüksek lisansını ise Marmara Üniversitesi Sosyal Bilimler Enstitüsü'nde 1987 yılında İslam’a Göre Sigorta konulu tez ile tamamlamıştır. Doktor unvanını 1994 yılında, Ord.Prof.Dr. Sulhi Dönmezer danışmanlığında yazdığı Hürriyeti Bağlayıcı Cezalara Seçenekler konulu doktora tezi ile İstanbul Üniversitesi’nden almıştır. İstanbul Adli Yargı Hakim Adaylığı, Göynük ve Kelkit hâkimliği görevlerinden sonra sırasıyla Dicle ve Selçuk Üniversitelerinde görev yapan Prof. Dr. Mustafa Avcı, hâlen Ankara Sosyal Bilimler Üniversitesi’nde görev yapmaktadır.

1995'te yardımcı doçentliğe atanan Avcı, 2001 yılında "Hukuk Tarihimizde Hapis Kurumu" adlı doçentlik tezi ile doçentliğe yükselmiştir. Osmanlı Hukukunda Suçlar ve Cezalar başlıklı profesörlük takdim tezi ile 2007 yılında profesör kadrosuna atanmıştır.

Prof. Dr. Mustafa Avcı 2008-2018 yılları arasında Selçuk Üniversitesi Hukuk Fakültesi Adalet Meslek Yüksek Okulu Müdürlüğü ve aynı yıllar içerisinde Anadolu Üniversitesi Anadolu Üniversitesi Açık Öğretim Fakültesi Konya İl Sınav Koordinatörlüğü görevlerini üstlenmiştir.

Ankara Sosyal Bilimler Üniversitesinde Hukuk Fakültesi Kamu Hukuku Bölüm Başkanlığı, Hukuk Tarihi Anabilim Dalı Başkanlığı, Hukuk Fakültesi İslam Hukuku Anabilim Dalı Başkan vekilliği ve Sosyal Bilimler Enstitüsü Kamu Hukuku Anabilim Dalı Başkanlığı görevlerini yürüten Prof. Dr. Avcı, aynı zamanda ÜAK Sosyal Bilimler ve Sanat Etik Kurulu üyesidir.


Prof. Dr. Avcı evli ve üç çocuk babası olup Arapça ve Fransızca bilmektedir.

Legal History, Islamic Law
Ali Cem Budak
Prof. Dr. Ali Cem BUDAK İSTANBUL TİCARET ÜNİVERSİTESİ
Law and Legal Studies, Civil Procedure Law