Volume: 5 Issue: 1-4, 12/30/01

Year: 2001

Research Articles

Translations

Reviews of Judgment

Erzincan Law Review (ErLR) aims to contribute to the national and international literature by publishing original and qualified scientific works in the field of law and the other scientific fields, which are related to the law.

Erzincan Law Review (ErLR) consists of original scientific studies, such as law and law-related interdisciplinary articles, decision reviews, legislative evaluations, book reviews and translations, which are submitted by academics, researchers and practitioners. 

Publication Principles

1. Law Journal of the Faculty of Law of Erzincan Binali Yıldırım University (EBYU-JoL) is a scientific, peer-reviewed and national journal.
2. The publication language of the journal is Turkish, English, German and French.
3. 3. The journal is published twice a year, in June and December. The latest deadline for submission of the June issues of the Journal is at 31st of April; and the latest deadline for submission of the December issue is at 31st of October. The studies submitted after these dates will be contained in the publication evaluation list for the next issue.
4. Studies submitted to the Journal should be related to the public law, private law or economy-finance fields and should not been published in any other Journals or sent for the publication. Any works that have been sent to the Journal will be accepted as the commitment of the author on this matter.
5. The Journal contains studies, such as article, case analysis, translation, evaluation of legal rules and book criticism. Whether all these submitted studies will be published or not is decided by the Editorial Board. A copy of the translations in the original language should be sent. In translations, it is also essential to get a writing permission from the rights holders on the original work in accordance with the Intellectual Property Law for the translating authors.
6. The papers should be sent via dergipark as the Microsoft Word format and should be prepared in accordance with the writing rules of the Journal. The submitted paper should not contain any statement that would identify the author. In the cover file the author should indicate his/her name, academic title (if any), the ORCID number, the institution he/she works for, contact details, telephone number and e-mail address. In addition, one hard copy of the papers that is sent to the postal address of the Erzincan Binali Yıldırım University Law Faculty (Erzincan Binali Yıldırım Üniversitesi Hukuk Fakültesi Dekanlığı, Mimar Sinan Mah. 24070 Merkez/Erzincan) is acceptable too.
7. In the submitted papers only the name of the author should be included under the title of the work on the first page. Academic title, the university, the faculty and department, ORCID number and the official e-mail address should be indicated respectively in the footnote that should be created with the (*) symbol next to the name.
8. The first examination of the papers will be completed by the Editor and then submitted to the Editorial Board. If the result of the plagiarism report exceeds the rate determined by the Editorial Board; if there are unusual and major spelling and writing mistakes; if the submitted study is non-compliance with the scientific criteria; if it is determined that the work does not match with the publication principles, the submitted study will be rejected by the Editorial Board. The final discretion about the publication of the submitted works belongs to the Editorial Board of the Journal.
9. In accordance with “the objective evaluation principle”, after the initial examination of the submitted works that is completed by the Editor, all of the studies are submitted to the review of at least two referees in the relevant interested areas, who have a higher academic degree than the author. The authors are not informed about the peer-reviewed process. The studies to be published in the journal are subject to the double blind refereeing. According to the referees report, the submitted works can be published or can have minor/major corrections or can be rejected. The authors are informed as soon as possible about the referees report.
10. If one of the reports from the referees is negative and the other is positive, the Editorial Board has a discretion on whether to send it to a third referee or not. The study shall not be published if the third referee report is also negative. In case the referees request corrections in their reports, the author cannot make any substantial changes other than the corrections that are specified by the referees. After these corrections are completed by the author, peer review can be applied again in accordance with the recommendations of the referees. Unpublished works shall not be sent back to the authors.
11. Papers, the peer review process of which are not completed within the time limit, may be published in the next issue of the Journal, unless the work is not withdrawn by the author.
12. If the papers are accepted for the publication, Erzincan Binali Yıldırım University Faculty of Law will have all copyrights on the submitted works including publishing them as full text in any format. It is deemed to be accepted by the authors that no royalties will be paid.
13. Responsibilities for the views and opinions in the published studies of the Journal belong to the author or authors.

Citation and Writing Rules

1. The manuscripts to be submitted should be in Times New Roman, 1.5 lines spacing of the main text and 12-type size. Footnotes should be prepared in 10-font size and the work should not be exceed 50 pages (this number of pages is valid for the specified format, it may increase after the layout). Footnotes should be indicated at the bottom of the page. Footnote text should be justified and written with 3 pt spacing. At the end of the work, there should be a bibliography, where all the sources used in the study are listed according to the surnames of the authors.
2. In the studies submitted to the Journal, both Turkish and English titles, abstracts consisting of at least 100 and maximum 200 words, and key words consisting of at least 5 and maximum 10 words must be indicated.
3. The text should be written as justified on both sides. Automatic titles of Microsoft Word should not be applied in the studies. Direct or abbreviated quotations should be italics and indicated in quotation marks. One character space should be left after all punctuation marks.
4. In the first time using of abbreviations for the name or title, the abbreviations should be specified in parentheses after the original word.
5. The introduction, conclusion and bibliography should be written in bold and with the all capital letters without numbering. 


ABSTRACT
INTRODUCTION

I. ALL LETTERS CAPITALIZED
A. First Letters Capitalized
1. First Letters Capitalized
a. First Letters Capitalized
1) First Letters Capitalized
a) First Letters Capitalized and Italicized.

CONCLUSION
REFERENCES


In cases where there is no rule in the citation method detailed below, the Chicago citation system should be followed. For the integrity of the Journal, the examples shown below should be followed. For more examples, see ErLR Writing Rules (https://dergipark.org.tr/en/pub/ebyuhfd/writing-rules).

Book with a Single Author
1. In the Footnote
Ayhan Döner, İnsan Haklarının Uluslararası Alanda Korunması ve Avrupa Sistemi, 1. Baskı, Seçkin Yayıncılık, Ankara 2003, s. 24.

2. Repetitive citations
Döner, s. 24.

3. Cites to different works of the same author
Döner, İnsan Hakları, s. 24.


4. In the Bibliography
Döner, Ayhan. İnsan Haklarının Uluslararası Alanda Korunması ve Avrupa Sistemi. 1. Baskı, Seçkin Yayıncılık, Ankara 2003, s. 24.

Book with Two Authors
İbrahim Özbay/Taner Emre Yardımcı, Tebligat Hukuku, Adalet Yayınevi, Ankara 2018, s. 60.

Book with Three Authors
Bihterin Vural Dinçkol/Mehmet Akad/Nihat Bulut, Genel Kamu Hukuku, 15. Baskı, Der Yayınları, İstanbul 2019, s. 34.

Book with More than Three Authors
Cem Baygın ve diğerleri, Medeni Hukuk Pratik Çalışmaları – III (Eşya Hukuku), 1. Baskı, Yetkin Yayınları, Ankara 2020, s. 10.

Article
Sururi Aktaş, “Hukuk Kavramının Analizi”, Ankara Üniversitesi Hukuk Fakültesi Dergisi, C. 67, S. 2, Y. 2018, (227-252), s. 25.

Thesis
Muhammet Emin Ruhi, 1982 Anayasası Çerçevesinde Sosyal Devlet ve Özelleştirme, Doktora Tezi, İstanbul Üniversitesi Sosyal Bilimler Enstitüsü, 1999, s. 79.

Judicial Decisions
Yarg. 4. HD., E. 2008/1699, K. 2008/13767, 10.11.2008, (Erişim kaynağı ya da bağlantısı)
AYM, E. 2015/17, K. 2015/20, 05.03.2015, (RG., 19.6.2015, S. 29391).

The Scientific Research and Publication Ethics Directive of the Council of Higher Education and the International Standards for Editors and Authors of Committee on Publication Ethics should be considered in the scientific studies submitted to the ErLR. In this respect, the Journal assures upon to comply with the above-mentioned national and international rules regarding the “Publication Ethics, Research Ethics and Obtaining Legal/Special Permission”. In accordance with Article 8 of the Scientific Research and Publication Ethics Directive of the Council of Higher Education, acts against scientific research and publication ethics are as follows:
a) Plagiarism: Presenting the ideas, methods, data, practices, writings, figures or works of others as fully or partly their own work, without giving any references in accordance with scientific rules.
b) Forgery: To produce the data that is not based on any research, to edit or change the presented or published work based on untrue data, to report or publish them, to present an unfinished research as if it has been complete.
c) Distortion: To forge research records and obtained data; to present methods, devices and materials that are not used in the research as if they have been used; to contain the data that are not suitable for the research hypothesis; to manipulate the data and/or results in order to fit the relevant theory or assumptions; to forge or shape research results in their own interests.
ç) Republishing: To indicate more than one work containing the same results of a research as if all of them are separate works in associate professor examination evaluations or in academic promotions.
d) Slicing (Salami-Slicing): Publishing parts of a study in multiple papers instead of providing the full story in a single paper and applying with these multiple papers to the academic promotion by dividing the results of a research in a way that violates the integrity of the research.
e) Unfair authorship: Including people who do not have any contributions in the work; not including those who contribute actively among the authors, inappropriately changing the order of authors without any justification, removing the names of those who contributed actively from the work at the time of publication or in subsequent editions; to include his name among the authors by abusing his/her official influence.
f) Other Types of Ethical Violations: Not giving any references about the supporting institutions, organizations or contributors in the publication of a supported research; not abiding by the ethical rules in research on humans or animals; not respecting the rights of patients in the publications; to share information about the submitted study before it is published as an assigned referee on this submitted study; to misuse the resources, places, facilities and devices provided or reserved for a scientific research; to make intentionally a false, baseless, groundless ethical violation accusation against somebody.

RESPONSIBILITIES OF THE AUTHORS
1. For academic studies that require the permission of the Ethics Committee, necessary permissions should be obtained from the ethics committees and these should be stated in the content of the study. In the absence of these permissions, the publication is returned to the author at the preliminary examination stage. Studies that require the approval of the Ethics Committee are as follows:
• All kinds of research conducted with qualitative or quantitative approaches that require data collection from the participants by using survey, interview, focus group work, observation, experiment, interview techniques,
• The use of humans and animals (including material/data) for experimental or other scientific purposes,
• Clinical studies on humans,
• Research on animals,
• Retrospective studies in accordance with the Personal Data Protection Law.
Moreover;
• Indicating that “Informed Consent Form” was received in case reports,
• Obtaining and specifying permission from the owners for the use of scales, questionnaires, photographs belonging to others,
• Indication of compliance with copyright regulations for the intellectual and artistic works used,
• Specifying whether ethics committee permission and/or legal/special permission is required in articles,
• If it is necessary to obtain permissions, it should be clearly stated from which institution, on which date and with which decision or number the permission was obtained,
2. Submitted works must be the original work of the author(s).
3. All authors mentioned in the study by more than one author have equal responsibility for the submitted and published work.
4. Submitted works must not have been previously published.
5. Any potential conflict of interest should be clearly disclosed.
6. The use of plagiarism and fake data and the use of personal data in the text should be avoided.
7. During peer-reviews, if requested by the referees, raw data on research must be submitted.

RESPONSIBILITIES OF REFEREES
1. Evaluating studies on the basis of the scientific content of the study.
2. Not to consider the author's gender, ethnicity, race, religion, nationality or political values or preferences in the evaluation; evaluating submitted papers fairly and without discrimination.
3. Informing the Editor when the content of the work sent for review is thought to be incompatible with its scientific field or background, or when the review cannot be made within the recommended time.
4. Respect the confidentiality of the evaluation process. Not to share information about the reviewed work or the peer-review process with third parties.
5. To make sure that the style/wording is not hostile, provocative or condescending, and reviewing the submitted work in an objective and constructive manner, away from personalized interpretations.
6. If a conflict of interest is observed during the peer-review process, notifying the Editor without delay.
7. To keep confidential information and/or ideas obtained through peer-review, not to use it for personal advantage.
8. In case of any situation that inhibits from publishing of the reviewed study, informing the Editor without delay. (For detailed information, see: https://publicationethics.org/files/Peer%20review%20guidelines.pdf)

EDITOR'S RESPONSIBILITIES
1. To accept or reject submitted manuscript.
2. Reviewing all papers on the basis of scientific content and fairly; regardless of gender, ethnicity, race, religion, nationality or political values of authors.
3. Not to have a conflict of interest regarding accepted or rejected studies.
4. To accept for publication only original studies that will contribute to the field.
5. To ensure that the submitted works are reviewed by at least two referees according to the double-blind refereeing system and to comply with the confidentiality of the referees.
6. To keep confidential all information about the submitted works that should not be shared.
7. Rejecting incomplete and incorrect works that do not comply with the journal policy and publication rules without any effect (For detailed information, see: https://publicationethics.org/files/2008%20Code%20of%20Conduct.pdf)
Plagiarism and Unethical Behaviors
All studies submitted to the Journal should be scanned with software program such as Turnitin (https://www.turnitin.com/), Ithenticate, İntihalnet etc. before uploading to the dergipark. Studies with a similarity rate above 25% (bibliography, quotes and text with less than 7 words should be excluded) will not be accepted for publication.

Listed below are some unethical behaviors:
• Representing people who do not contribute intellectually to the study as authors.
• Not specifying the people who contributed intellectually to the study as authors.
• Not specifying if the study was produced from the author's master's/doctoral thesis or a project.
• Slicing, publishing more than one study from a single study.
• Disclosure of conflicts of interest regarding submitted works

All expenses of the journal are covered by the Erzincan Binali Yıldırım University. The publication process of articles and other works in the journal is free of charge. No processing fee or submission fee is charged for works submitted to the journal or accepted for publication.