Volume: 19 Issue: 1, 4/30/24

Year: 2024

Özel Hukuk

Kamu Hukuku

Research Article

14. YARGI KARARLARI BAĞLAMINDA HUKUKA AYKIRI ARAMA

At the Erciyes University Journal of Law Faculty, our objective is to extend the boundaries of legal science, fostering academic excellence on both national and international levels. By publishing high-quality academic works enriched with innovative, multidisciplinary, and critical perspectives, we aim to contribute to the advancement of law and aspire to play a leading role within the global legal community. We are committed to bringing together the diverse and rich opinions of researchers, students, and legal professionals, offering innovative approaches to legal education and practice, and striving to create a lasting impact in the field of law. In line with these goals, our publications are listed in esteemed indices such as TR Dizin, Index Copernicus International Master List, HeinOnline, Central & Eastern European Academic Source, Legal Source Database, SOBİAD, EuroPub, Google Scholar, OpenAIRE, ResearchBib - Academic Research Index, Acar Index, WorldCat, Paperity, CiteFactor - Academic Scientific Journals, ErihPlus, JURIX, and Sherpa Romeo. Being featured in these indices signifies the recognition and accessibility of our work at both national and international academic levels, underscoring our commitment to academic rigor and global outreach.

The scope of our journal is dedicated to original and scholarly studies that delve into the fundamentals of legal science and its interaction with contemporary technological developments. In this pursuit, we encompass a spectrum of innovative and influential research across essential areas of law, including constitutional law, criminal law, civil law, commercial law, administrative law, international law, labor and social security law, general public law, fiscal law, philosophy of law, history of law, Roman law, civil procedure law, enforcement and bankruptcy law, and criminal procedure law. Moreover, we extend our focus to interdisciplinary and technology-centric topics, such as law and ethics, artificial intelligence and law, data protection, privacy law, criminology, health law, insurance law, intellectual property law, sports law, financial law, environmental law, and robotics law. Through these endeavors, our aim is to holistically embrace the traditional and contemporary facets of law, thereby highlighting profound and innovative legal solutions at both national and international levels.

IMPORTANT ANNOUNCEMENT REGARDING WRITING RULES:
OUR JOURNAL IS LOOKING FOR EXTENDED ABSTRACTS IN ENGLISH LANGUAGE WITH AT LEAST 600 WORDS IN LENGTH (PREFERABLY MAXIMUM 1500 WORDS EVEN IF THERE IS NO LIMIT) FOR ALL ARTICLES TO BE PUBLISHED AFTER 2024. AUTHORS WHO WRITE THE FOREIGN LANGUAGE ABSTRACT IN A NON-ENGLISH LANGUAGE (GERMAN FRENCH) SHOULD ALSO WRITE THE EXTENDED ABSTRACT IN ENGLISH. FOR PUBLICATIONS IN ENGLISH, A BRIEF SUMMARY IN ENGLISH IS REQUIRED, AND PREFERABLY AN EXTENDED SUMMARY IN TURKISH OR IN ANOTHER LANGUAGE OF THE JOURNAL.THE EXTENDED ABSTRACT SECTION IS ESPECIALLY ESSENTIAL FOR THE INTERNATIONAL VISIBILITY OF OUR JOURNAL AND ARTICLES, AND IT IS EXPECTED TO EXPLAIN ALL THE MAIN ARGUMENTS OF THE ARTICLE IN DETAIL, WITHOUT THE REQUIREMENT OF CITATION.

WRITING RULES


1. Erciyes University Faculty of Law Journal (ERÜHFD) is a peer-reviewed journal scanned by ULAKBİM, adhering to international research and publication ethics, and published twice a year, in the April and October issues. January 31 for the April issue of the studies requested to be published; July 30 for the October issue, it must be delivered to our faculty (Yenidogan Mah. Ahmet El Biruni Cad. Erciyes Universitesi Hukuk Fakultesi 38280 Talas / KAYSERI) or sent to the e-mail address eruhukukdergisi@gmail.com.

2 . Scientific studies submitted for publication in the journal must be related to the fields of public law and private law and must not have been previously published or submitted for publication elsewhere. Translations must be sent together with the original copy in the language in which they were published.

3 . The language of the journal is Turkish, English, French and German. Even if the studies are written in Turkish or any other foreign language, each study must first include a Turkish and English title, author names, and an abstract of at least 100 and at most 200 words that best expresses the purpose of the text. Abstracts must be prepared in any of the foreign languages, Turkish and English being mandatory, and if preferred, German and/or French. The English abstract is in extended summary format and must be at least 600 words (preferably a maximum of 1500 words) in length . In addition, five keywords that can fully express the study should be included in Turkish and English under the abstract sections. Authors are required to indicate their titles, Orcid ID numbers, e-mail addresses, and the institutions they work for in footnotes, with a starred footnote where the author's name is located.

4 . In the text part of the article sent for publication, the Turkish title should be in 11-point font, with the English title below it. Except for the Turkish title, the remaining part should be in Times New Roman 11-point font, with line spacing of 1.15. Footnotes should be written under the text in Times New Roman font, 9 point, single line spacing, 0.6 hanging, and 3 pt space after the paragraph. Articles prepared in this way should not exceed 50 pages.

5 . Articles “ The Chicago Manual of Style (17th Edition, Notes oath Bibliography ) should be prepared based on the citation and reference system. The footnote number in the text should be given after the punctuation marks. In articles, footnote citation method should be preferred and in-text citation should not be made. A bibliography, in which the cited works and sources are listed in alphabetical order according to the author's surname, should be included at the end of the article. References should be written in the Latin alphabet, and care should be taken to ensure their format, accuracy and accessibility.

The sources to be cited and the bibliography should be prepared as follows:

Citation Examples:
Single Author Book
Name Surname , Title of the Work (City where the work was published: Publisher, Year of publication), page number.
-First Citation
İzzet Özgenç, Turkish Criminal Law General Provisions (Ankara: Seçkin Yayıncılık, 2021), 65.
-Next Citation
Özgenç, Turkish Criminal Law, 69.

Books with Two or Three Authors
Name Surname (first author), Name Surname (second author) and Name Surname (third author), Title of the Work (City where the work was published: Publisher, Year of publication), page number.
-First Citation
Nurettin Bilici and Begüm Dilemre Öden, Tax Law Practices (Ankara: Savaş Yayınevi, 2021), 73.
-Next Citation
Bilici ve Öden, Tax Law, 85.

Books with Four or More Authors
Name Surname (first author) et al., Name of the Work, (City where the work was published: Publisher, Year of publication), page number.
-First Showing
Veli Özer Özbek et al., Annotated – Schematic Practical Workbook – II, Criminal Procedure Law, (Ankara, Seçkin Yayıncılık, 2020), 110.
-Next Views
Özbek et al., Annotated-Schematic, 163.

Translated Book
Name Surname , Title of Work, trans. Name Surname (City where the work was published: Publisher, Year of publication), page number.
Lev Nikolayevich Tolstoy, War and Peace, trans. Leyla Soykut (Istanbul: İletişim Yayınları, 2022), 55.

A Chapter from the Edited Book
Name and surname of the chapter author, “Chapter Title”, in Book Name, ed. Name Surname , (City where the work was published: Publisher, Year of publication), page number.
-First Citation
Sedat Durmuşkaya , “Regulatory Institutions in Capital Markets”, in Capital Markets and Financial Institutions, ed. Ferudun Kaya, (Istanbul: Beta Basım, 2019), 79.
-Next Citation
Durmuşkaya , “In Capital Markets”, 82.

Printed or Electronic Article
Name Surname , “Title of the Article”, Journal Name, Volume/Issue (Year): Page number. (In the electronic article, a comma is placed and the URL is added and completed with a period.)
-First Citation
Selman Özdan , “Reform of the United Nations Security Council ”. Erciyes University Faculty of Law Journal, 6/1 (2011): 320
-Next Citation
Özdan , “Security Council ”, 10.

Websites
Footnote Number, Name and Surname (if any), “title of the web page”, (Access Date), URL.
“European Heritage Days 2018”, (Access Date 09.10.2020), https://kvmgm.ktb.gov.tr/TR-222670/avrupa-miras-gunleri-2018.html.

Graduate Thesis
Name and Surname , “Thesis Title” (Thesis Type, University Name and Year of Publication), Page Number.
-First Citation
Numan Doğan, “The Crime of Abuse of Trust Regulated in the Capital Markets Law, (Unpublished Master's Thesis, Erciyes University, 2020), 102.
-Next Citation
Doğan, “Capital Market”, 98.

Court Decisions
Name of the Court, Decision Date, Docket Number, Decision Number, Access Source, Access Date, (If not Online Access, publication name, date, issue and page number).
-First Citation
10th Civil Chamber of the Supreme Court of Appeals, 11.04.2016, E. 2013/2154, K. 2016/529, www.google.com.tr, 01.02.2019.
-Next Citation
Y.10. D., K. 2016/529.

Bibliography Examples

Single Author Book
Surname , Name. Work Name. City where the work was published: Publisher, Year of publication. URL or (DOI number), if available.
Özgenç, İzzet. Turkish Criminal Law General Provisions. Ankara: Seçkin Publishing, 2021

Books with Two or Three Authors
Surname , Name (first author), Name Surname (second author). Work Name. City where the work was published: Publisher, Year of publication.
Bilici, Nurettin and Begüm Dilemre Öden. Tax Law Practices. Ankara: Savaş Publishing House, 2021.

Books with Four or More Authors
Surname , Name (first author) etc. Work Name. City where the work was published: Publisher, Year of publication.
Özbek, Veli Özer et al. Annotated – Schematic Practical Workbook – II Criminal Procedure Law. Ankara, Seçkin Publishing, 2020.

Translated Book
Surname , Name. Name of the Work, Translator's Name and Surname , City where the work was published: Publisher, Year of publication.
Tolstoy, Lev Nikolayevich . War and Peace, Translated by Leyla Soykut , Istanbul: İletişim Yayınları, 2022.

A Chapter from the Edited Book
Surname, Name, "Chapter Title" of the chapter author. Inside Book Name, editor Name Surname , page range. City where the work was published: Publisher, Year of publication.
Durmuşkaya , Sedat, “Regulatory Institutions in Capital Markets”. In Capital Markets and Financial Institutions, ed. Ferudun Kaya, 79-95. Istanbul: Beta Printing, 2019.

Printed or Electronic Article
Surname , Name. “Title of the Article”. Journal Name. Volume/Issue (Year): Page range. (In the electronic article, a comma is placed and the URL is added and completed with a period.)
Özdan , Selman. “Reform of the United Nations Security Council ”. Erciyes University Faculty of Law Journal. 6/1 (2011): 315-335.

Website
Name Surname (if available) or Website publisher, “Title of the web page”, (Access Date), URL
Ministry of Culture and Tourism, “European Heritage Days 2018”, (Access Date 09.10.2020), https://kvmgm.ktb.gov.tr/TR-222670/avrupa-miras-gunleri-2018.html.

Graduate Thesis
Surname , Name. “Thesis Title”. Thesis Type, University Name, Year Where It was Published.
Dogan, Numan. “The Crime of Abuse of Trust Regulated in the Capital Markets Law”. Unpublished Master's Thesis, Erciyes University, 2020.

Court Decisions
Court Name. K. Decision Number (Decision Day Month Year). ( if any ) Access Address
(If not Online Access, publication name, date, issue and page number).
10th Civil Chamber of the Supreme Court of Appeals. K. 2016/529 (11.04.2016). www.google.com.tr.


6 . Studies to be sent for publication must be written in Office 2000 or above and sent to the journal with an extension compatible with MS Word (preferably with the . docx extension). Automatic headings in Word should not be used. Main titles, summary, extended abstract , introduction, conclusion and bibliography should be written in capital letters and bold font, and other headings should be written in bold font with only the first letter capitalized. The heading order of articles sent to our journal should be as shown below.

Title Scheme

(For a sample file text that complies with our layout rules, please write your text in the file below.)

(Article title)
(English Article Title)
(Author Title, Name and Surname)
SUMMARY
Keywords:

EXTENDED ABSTRACT
Keywords :

INTRO
I. FIRST MAIN TITLE
A. First Subheading
B. First Subheading
1. Second Subheading
a. Third Subheading
AA . Fourth Subheading
bb . Fourth Subheading
b. Third Subheading
2. Second Subheading
II. SECOND MAIN TITLE
A. First Subheading
B. First Subheading
CONCLUSION
SOURCE



7 . When sending the article file to the journal e-mail, the authors must submit a signed statement of conflict, statement of the authors' contribution rate (in case there is more than one author), support-thank you statements and commitments, if any, in a separate file.

Example declaration:

In Articles with a Single Author ;
Conflict of Interest: The author(s) of the article declare that there is no personal or financial conflict of interest within the scope of the study; I declare and undertake that there is no financial conflict of interest with any institution, organization or person related to the study.
Acknowledgments/Financial Support:

Signature

In Articles with Multiple Authors ;
Research Contribution Rate: For example, half ( 50% / 50%) in an article with two authors
Conflict of Interest: The author(s) of the article declare that there is no personal or financial conflict of interest within the scope of the study; We declare and undertake that there is no financial conflict of interest with any institution, organization or person related to the study.
Acknowledgments/Financial Support:

Signature Signature

8 . It is accepted that the authors have checked the form and content of the studies they sent to the journal and that they are ready for publication in this form.


Click here for example article.



Click for a sample conflict of interest or acknowledgment form.

PUBLICATION POLICY


GENERAL PRINCIPLES
  • The journal belongs to Dean of Erciyes University Faculty of Law. Since it does not have a legal entity, the authorized legal entity regarding the journal is Erciyes University.
  • In each issue, the responsible chief editor (Dean of Erciyes University Faculty of Law) and the responsible director (Faculty Secretary, Erciyes University Faculty of Law) of the journal are shown.
  • Erciyes University Journal of Law Faculty (ERÜHFD) is a blind peer-reviewed journal listed by ULAKBİM and 16 other databases and published twice a year, in the April and October issues.
  • In addition to peer-reviewed studies, the journal also includes book reviews, legislative evaluations, and informative notes. These studies are not submitted to peer review. Acceptance or rejection of works of this kind of articles is made by the Publication Commission. It is stated at the beginning of each article that the peer review has been made.
  • All responsibilities that may arise from the opinions expressed in the studies published in the journal belong to the authors.
  • Articles published in our journal must comply with research and publication ethics of the journal. Authors who submit their works to the journal have the obligation to comply with the policies of ERUHFD.
  • If the works are accepted for publication, the authors are deemed to have transferred all copyrights, including publishing them as full text electronically, and no additional royalties are paid to the authors.
  • Printed formats of the journal are sent free of charge to the law facultys' libraries in Turkey.
  • Our journal supports open access and free access to information in compliance with DOAJ, COPE, OASPA and YOK principles.


EVALUATION AND PUBLICATION PROCESS

Submission of Articles to the Journal:
  • Works intended for publication in our journal must be submitted to eruhukukdergisi@gmail.com or delivered in person to ERUHF faculty secretary by January 31 for the April issue, and by July 30 for the October issue.

Preliminary Review Stage:
  • Works submitted to the journal's email are subjected to a preliminary review by the publication committee for compliance with the journal's writing rules.
  • The editorial board conducts initial evaluations and returns works deemed unsuitable for publication to the authors.
  • Works successfully completing the seven-day preliminary review are forwarded to the editor relevant to the article's subject.
  • Our journal sends a similarity report from one of the plagiarism programs to the reviewers at the end of the preliminary review stage. The similarity rate for Turkish law articles should not exceed 20% (excluding %1 similarity, quotes and bibliography).
  • Works with a similarity rate exceeding 20% are returned to the author for final corrections.

Peer Reviewer Appointment Process:
  • Works that pass the preliminary review stage proceed to the reviewer selection and appointment process, which is completed within 60 days.
  • Works are sent for evaluation to two (blind) reviewers, higher in academic rank than the author, chosen from a panel of reviewers whose names are kept confidential.
  • To maintain the blind peer review system, authors' names, including embedded author information in the document, are anonymized.


Reviewer Evaluation Process:

  • Reviewers are given 20 days for normal evaluation and an additional 20 days if needed.
  • Works reported by reviewers as "publishable as is" are published by our journal.
  • For manuscripts where reviewers have reported that they can be published after revisions, authors are communicated with the assessments and requested to make the necessary amendments. Authors are given a period of 30 days to complete these revisions. If not completed within this timeframe, an additional 30 days can be granted upon the authors' request. If the deficiencies are not rectified within the initial or additional period, it is assumed that the authors have withdrawn their manuscript, and the work is removed from the publication process.
  • If one reviewer reports the work as "not publishable," but the other reviewer gives a publishable report, the work is sent to a third reviewer.
  • If both reviewers report the work as "not publishable," the work is returned to the author and removed from the publication process.
  • If the article evaluation process cannot be completed in the issue for which the article was submitted, the authors are informed via email. If the authors agree to continue the process for the next issue, it will proceed in the next issue.
Complaint Policy:
  • Any objection to articles published in the journal should be made to eruhukukdergisi@gmail.com, the chief editor, or the technical editor.
  • After assessing whether the complaint and its grounds constitute a criminal element or find correspondence in the COPE flowchart, the decision is made by the editorial board majority vote.
  • The outcome of the complaint is communicated to the complainant and the relevant author(s) within 30 days. If there is no notification about the complaint outcome within 30 days, the complaint is considered rejected.
Removal of the Article from Publication:
  • Authors do not have the right to retract published articles. Likewise, authors are not intellectual rights holders of the published works.
  • Like any stakeholder, authors may lodge a complaint about an article in accordance with the complaint policy.
  • Following this notification, if the editorial board decides to discontinue the publication of the article in accordance with the COPE guide, access to the article will be terminated in all online databases.
  • If the author continues to publish the article despite believing the removal to be unjust and assumes all responsibility, they are obliged to terminate the association between the article and ERÜHFD.


Corrections:
  • Significant corrections to be made in published articles, especially if errors are identified by the journal boards, are published in a revised new version. Relevant databases are notified of the correction.
  • Authors have the right to request corrections when unpublished preprints are sent to them; this right is valid for up to 3 working days.

ETHICAL PRINCIPLES


Principles for Authors:
  • Anyone over the age of 18 can submit their legal studies to our journal.
  • All our authors must have an ORCID ID and submit it with their application.
  • The statuses of our journal's advisory, publication, editorial boards, or current/former employees of Erciyes University Faculty of Law are shown in the conflict of interest section at the end of the article.
  • Works submitted by authors must be original and not previously published. Authors must declare that the work is not currently under review in another journal.
  • All listed authors must have contributed to the experimental design and implementation or the analysis and interpretation of data in the work.
  • Authors must inform the editorial board if they discover a significant error in their published article.
  • Authors must submit ethical committee approval for research requiring such approval. If ethical committee approval is necessary for the research; information about the ethical committee (name of the committee, number, and date of the approval document) must be stated in the article.
  • By submitting their work, the author commits that it is prepared in accordance with Law No. 5846 on Intellectual and Artistic Works, the Council of Higher Education (YÖK) Scientific Research and Publication Ethics Directive, and the research and publication ethics standards announced by COPE.

Guidelines for Editors:
  • Editors and assistant editors within the journal are obligated to perform their duties objectively and impartially, free from all biases.
  • Editors and assistant editors within the journal are obligated to act confidentially to the extent required by their duties.
  • Editors and assistant editors within the journal collaborate fully in all journal-related operations and transactions. Fair task distribution within the journal constitutes the essence of this collaboration.

Principles Regarding Revieverss:
  • All articles should be evaluated fairly based on the scientific content of the work, regardless of the author's gender, ethnic origin, race, religion, or political values.
  • Reviewers must respect the confidentiality of the peer review process and not share information about the evaluated work or the review process and its aftermath with third parties.
  • Reviewer evaluations should be objective, constructive, and not hostile or provocative, and should not contain demeaning personal comments.
  • If a conflict of interest is observed during the review process, the situation should be reported to the Editor board.
  • Information or ideas obtained through peer review must be kept confidential and not used for personal advantage.
  • The relevant editor does not have the authority to interfere with the opinions of reviewers. As long as the tone, used words, and expressions do not constitute a crime according to the Turkish Penal Code (insult, threat, etc.), no edits are made to the reviewer opinions. For expressions constituting a crime, the editor has the right not to forward the reviewer's opinion to the author(s). The relevant editor can only notify the reviewer about the style of the reviewer opinions and request changes from the reviewer. Reviewers freely determine their decisions on the change request.


Conflict of Interest:

  • Our journal ensures that any known conflicts of interest in articles are explicitly indicated at the end of the article.
  • Subsequent conflicts of interest are addressed through the complaint process in the publication policy.


FEE POLICY

  • No fees are charged from authors for articles submitted to our journal.
  • No fees are paid by our journal to reviewers involved in the article evaluation processes and authors whose articles are published.
  • Authors are considered to have transferred all copyrights of their published articles to the journal management and cannot publish their articles in any medium (print, electronic, online, etc.) without the permission of the current chief editor of the journal.
  • Any advertising in our journal is prohibited.
  • Our journal supports free publication, free editorship, free authorship, open access, and free information access on a voluntary basis, in compliance with DOAJ, COPE, and OASPA principles.


OPEN ACCESS AND INTELLECTUAL PROPERTY POLICY

  • Our journal has an open access policy that is compatible with DOAJ COPE and OASPA principles.





There is no charge from the authors for the articles sent. ERUHFD does not pay any fee to the referees who take part in the article evaluation processes and to the authors whose articles are published.

The authors are completely transferred the copyrights of their articles published in our journal to the journal management. The authors cannot publish their articles in any medium (printed, electronic, online, etc.) without the permission of the journal administration.

Erciyes University Journal of Law Faculty by Erciyes University Law Faculty is licensed under CC BY-NC-ND 4.0

by-nc-nd.eu.pngErciyes University Journal of Law Faculty by Erciyes University Law Faculty is licensed under CC BY-NC-ND 4.0