İstanbul Yeni Yüzyıl Üniversitesi Hukuk Fakültesi Dergisi

Journal of Istanbul Yeni Yüzyıl University Faculty of Law (JIYYUFL) aims to contribute to literature and legal development through studies to be published in the field of law.

JIYYUFL aims to support developments in all areas of law by including original scientific research and studies. In this direction, it encourages publications that aim to examine and solve new legal problems that arise in the light of technological, sociological and scientific developments. It aims to publish and highlight scientific studies that follow the change and evolution of these legal problems, capture the dynamics of change and produce up-to-date solutions.

It aims to support research and scientific studies conducted in the field of law in our country to reach international scales.

The areas of interest of JIYYUFL are legal theories, fundamental issues on the agenda and academic solutions to these issues at national and international levels.

Research and review articles that include original solutions to legal problems, studies evaluating field research and its results, translations of high academic value, book and decision reviews published in the field of law, and legislative evaluations are accepted as works that can be published in JIYYUFL.

Original and qualified scientific research in the field of law in Turkish, German, English and Arabic languages ​​that are deemed appropriate by the Editorial Board are accepted for the journal.

1. At the beginning of the studies, there should be a subject title, abstract and keywords in Turkish, English and other publication languages ​​if any. The abstract should be between 150-200 words and there should be 5 keywords.

2. The title of the study should include the author's name and surname along with the title in the lower right corner, a footnote with * should be opened at the end of the surname, and the author's institution, field, e-mail address and ORCID number should be given in the footnote.

3. The font should be Times New Roman, the text should be 1.5 line spacing and 12 point size, footnotes should be single line spacing and 10 point size. Footnotes should be shown at the bottom of the relevant page.

4. It is assumed that the authors have checked the articles they have sent to the journal and submitted them ready for printing in this form. In the preliminary review conducted by the editorial board, articles that do not comply with the scientific (field-based control) criteria and the journal's spelling rules and have more than the usual spelling errors are rejected. The editorial board may make necessary spelling corrections in the foreign language abstract and the text of the work.
6. The articles that are first evaluated by the editorial board are sent to two referees by removing the author names from the text in accordance with the blind refereeing system. Articles sent to the referees are given an “Article ID” number and these numbers are notified to the authors. Authors can see the status of the article from the article tracking system. Authors are not informed about which referees the article has been sent to. In case the referees request corrections in their reports, the author can only make changes within the framework of the specified corrections. After the author makes the corrections suggested by the referees, he/she can apply for referee review again in line with the referees’ suggestions. When one referee gives a positive opinion and the other a negative opinion, the decision to publish the article is made according to the editor’s opinion. Unpublished articles are not sent back to the author. The author is informed about the situation.
7. In abbreviations in the text, the name or title to be abbreviated should be used without abbreviation and with the abbreviation indicated in parentheses when used for the first time in the text or should be shown in the abbreviations table before the references with the abbreviated name or title equivalents; abbreviations used in footnotes should only be included in the abbreviation table.

8. In the bibliography and first references, the works used should be cited with the author's name, surname, title of the work, place of publication and date. Subsequent references should be cited only with the author's surname and page number. At the end of the work, there should be a bibliography in which the sources used are listed according to the author's surnames. Examples of the citation method are as follows:
(1) If the source is a book: Author's name, surname, title of the work, (if any) the person who prepared it for publication (or editor), (if any) the name and surname of the translator, (if any) volume number, edition number, Publishing house, place of publication, year of publication (normal), page number.

Example 1: Nuray Ekşi, Yabancılar ve Uluslararası Koruma Hukuku, 5th Edition, Beta, İstanbul, 2018, p. 35.
Example 2: Mustafa Dural/Tufan Öğüz, Mustafa Alper Gümüş, Türk Özel Hukuku, Volume III, 16th Edition, Filiz Kitabevi, Istanbul 2021, p. 300.

(2) If the source is an article: Author's name, surname, "Article Name", Work in which the Article is Published (Bold), Volume number, Place and date of Publication, page number.
Example: Koray Doğan, "Aggravated Crimes Due to Intent, Negligence and Its Consequence", Criminal Law Journal, Volume: 9, Issue: 26, Istanbul, December 2014, p. 227.

(3) If the source is a book or article with more than one author, the work's citation is given by placing a slash (/) between the author's names and surnames.
Example: Mustafa Dural/ Tufan Öğüz, Mustafa Alper Gümüş, Türk Özel Hukuku, Volume III, 16th Edition, Filiz Kitabevi, Istanbul 2021.

(4) In cases where more than one work by the same author has been used, in order to facilitate references to be made within the text, the abbreviations to be used instead of the names of these works should also be shown in the bibliography, following the work's imprint, and these abbreviations should be followed throughout the work. In works published in journals, if the journal has a short imprint, or if it does not, the abbreviation of the relevant journal can also be used.

Example: Ünal Tekinalp, Tek Kişilik Ortaklık (I)-Tek Paysahipli Anonim Ortaklık , Istanbul, 2011 (Tek Kişilik Ortaklık).

Ünal Tekinalp, Anonim Ortaklıklarda Yeni Bağlam Sisteminin Esasları, İstanbul, 2012 (Bağlam Sisteminin Esasları).

(5) If the source to be cited is an edited work:
Example: Hamdi Yasaman, Mimari Proje ve Mimari Eserler, Fikri Mülkiyet Hukuku Yıllığı 2010, Ed. Tekin Memiş, Pelikan, İstanbul, 2011, p. 562.

(6) If the work to be cited is an unpublished thesis: When giving the thesis's citation, it is explained in parentheses that the thesis is unpublished.

(7) In references to websites, the entire link and the author's access date to the source must be included.

Example: Frederick Rauscher, “Kant’s Social and Political Philosophy”, Stanford Encyclopedia of Philosophy, 2016, Link:
https://plato.stanford.edu/entries/kant-social-political/#Pun (Access Date: 1.11.2020).

(8) If the reference is to be made to judicial decisions, the decision’s citation should be given in the footnote. The order to be followed when citing the decision should be as follows:
The number of the relevant chamber of the Court of Cassation, the date of the decision, the main number of the decision, the decision number, information about the source from which the decision was accessed.
References to Court of Cassation Decisions:
Example: Y. 21. HD, 15.1.2022, E. 2020/5555 K. 2022/200, Kazancı Jurisprudence Information Bank.
References to ECtHR decisions:
Example: ECtHR, Povse, 3890/11, Grand Chamber Decision, 18 June 2013, Information Note No. 164.

References to AYM decisions:
Example:
In individual applications: AYM, Application No: 2019/14001, 05.10.2020.

In constitutional review of laws:
AYM, E. 2021/12, K. 2022/2, KT: 10.01.2022, RG. 24352, 18.02.2022.
References to Council of State Decisions:
Example: D. 5.D, E. 2021/3444, K. 2022/2640, 05.07.2022, Kazancı Jurisprudence Information Bank.

(9) If the source cited in the footnote has been previously cited in the work, subsequent references shall be made in abbreviated form.
If the source to be cited is a book: In this case, if only one work of the referenced author has been used, it is sufficient to provide the author's surname and page number.

Example: Oğuzman, p.25.

If more than one work of the same author has been used and one of them will be cited in the footnote, it is sufficient to provide the author's surname and the abbreviation and page number shown in the work's imprint in the bibliography. Abbreviations shall also be written in bold. Source abbreviations should be shown in parentheses at the end of the footnote of the first citation.

Example: Nomer, Vatandaşlık, p.108.

A work with more than one author is cited by placing a slash (/) between the surnames of all authors.

Example: Şanlı/Esen/Ataman-Figanmeşe, p. 87.

(10) The order of the authors' surnames is taken into account in the bibliography, and the first citation method is followed. In the cited articles, attention should be paid to sharing the page intervals.

Example: Aybay, Aydın, Obligations Law Courses, General Section, Istanbul, 2011.
Dencker, Friedrich: “Erfolg und Schuldidee”, Gedächtnisschrift für Armin Kaufmann, Köln, 1989, pp. 441-457.
Rauscher, Frederick, “Kant’s Social and Political Philosophy”, Stanford Encyclopedia of Philosophy, 2016, Link:
https://plato.stanford.edu/entries/kant-social-political/#Pun (Access Date:
1.11.2020).
Tezcan, Durmuş / Erdem, Mustafa Ruhan / Önok, Murat, Teorik ve Pratik Ceza Hukuku, Ankara, 2022.
Üzülmez, İlhan: “Görevi Kötüye Kullanma Suçu (TCK Art. 257)”, Gazi University Faculty of Law Journal, Volume: XVI, Issue: 1, 2012, pp. 191-216.

I. Ethical Principles

Journal Of Istanbul Yeni Yuzyil University Faculty of Law is a refereed journal published twice a year, in January and July. Articles to be published must be uploaded to the DergiPark system by April 30 for the issue published in June and September 30 for the issue published in December. The scope of the journal consists of multidisciplinary academic studies in the fields of public, private and financial law, including these fields. The opinions expressed in the articles published in the journal belong to the authors and do not bind the Faculty, Editor and Editorial Board.

JIYYUFL is committed to academic principles and ethical values ​​in its publication policy. It acts in accordance with national and international standards regarding ethical principles and values, and within this scope, JIYYUFL; “The principles set forth in the Council of Higher Education Scientific Research and Publication Ethics Directive, the International Standards for Editors and Authors set forth by COPE (Committee on Publication Ethics) and the policies published by the Publication Ethics Committee on open access (e.g. “Committee on Publication Ethics (COPE) Code of Conduct and Best Practice Guidelines for Journal Editors” and “COPE Best Practice Guidelines for Journal Editors”) are taken into consideration. In addition, if a violation of publication ethics standards is detected in the research accepted during the scientific study evaluation process, the publication request of the works is rejected. If such a violation is detected after the publication of the work, the work is removed from publication. In this context, JIYYUFL undertakes to comply with the above-mentioned national and international rules regarding “Publication Ethics”, “Research Ethics” and “Obtaining Legal/Special Permission Document”.

No fee is charged to the author or institution under any name. Article submission/process operation is free for authors, institution, editorial board and referees.

If cases such as manipulation, distortion and use of fabricated data used in articles are detected, the institution where the author of the article works will be notified officially and the article will be rejected. Our journal has the right to request the output files of the analysis results from the authors according to the feedback given by the editor and/or referees.

II. Publication Policy
A. Preliminary Evaluation Stage
1. Articles prepared in accordance with the specified publication principles and writing rules are uploaded to the Dergipark system. In order for the translations of the works to be evaluated, it is mandatory to send the original texts and permission letters received from the author of the article (main author or rights holder publishing house). Articles sent back to their authors for development and/or correction in line with the preliminary evaluation and referee evaluation are sent back to the journal within one month at the latest after the necessary corrections are made. Articles determined not to comply with these writing rules in the preliminary review are returned to their authors for correction and are not included in the publication program. 2. The studies sent to the journal should not have been published elsewhere or sent for publication. The fact that the study has been sent to the journal means the author's commitment on this issue.

3. Studies that have not been published elsewhere or sent for publication are examined in terms of originality, methodology, importance of the subject covered, compliance with the scope of the journal and compliance with the writing rules.

4. Authors are deemed to have accepted that their studies are ready for publication in terms of writing as they are sent to our journal. By sending their studies through the DergiPark system, authors are deemed to have accepted the journal's ethical principles, publication policy and writing rules.

5. During the preliminary evaluation phase, studies are subjected to plagiarism review. Studies that exceed the maximum 19% similarity rate determined by the Editorial Board (excluding references, citations and text sections with less than five words of overlap) are rejected by the editor-in-chief.

6. During the preliminary evaluation; studies that do not comply with ethical principles or the journal's publication principles or that have excessive spelling errors are rejected by the editors.

7. During the preliminary evaluation; Works that are found not to comply with the OSCOLA 4th Edition citation system or spelling rules are returned to the author for correction before being sent to the referee. During the preliminary evaluation phase, the authors must complete the corrections requested by the editors within 5 days. Otherwise, the editors have the right to reject the work without contacting the author.

8. The preliminary evaluation process is completed within a maximum of 1 month. 

B. Evaluation Stage
1. Studies that have completed the preliminary evaluation stage are sent to two referees by removing the authors' information in accordance with the double-blind referee method. Referees are given 1 month for evaluation. If deemed necessary, the period can be extended up to 1 month.
2. Referees can indicate their opinions on whether the study is suitable for publication or whether changes are required by choosing one of the options "Accept", "Reject", "Major Revision" and "Minor Revision". If the referee report includes an opinion in favor of "Minor Revision" - unless there is a statement to the contrary in the evaluation form - the study is not sent to the referee for review. In the "Major Revision" option, the study is sent to the referee again after the author makes the foreseen changes.
3. If the referees provide corrections in their reports, the study is returned to the author for corrections. The author can only make the changes specified by the referees. If one of the referees gives a positive opinion and the other a negative opinion, the study is sent to a third referee.
4. An article that two referees have rejected will not be published. When one of the referees assigned to an article rejects the article, the third referee is appointed, and when two referees report a major revision, the Editorial Board has the discretion to publish the article.

5. Works that are not published according to the referee evaluation will not be returned to the author. The author will be informed about the situation by sending negative referee reports.

6. The author will be given 7 days to make the corrections given in the evaluation report. If the corrections are not completed in time, the editors have the right to reject the article without contacting the author.

C. Preparation for Publication Stage
1. All printed and electronic publication rights of the articles accepted for publication belong to Istanbul Yeni Yüzyıl University. By sending their articles, authors are deemed to have transferred their copyrights to the University after acceptance, and no additional royalty fee will be paid. Accepted submissions are subject to a copyright agreement. Authors are obliged to fill out the 'Copyright Transfer Form'. 2. The Editorial Board may decide to publish the work in the first issue or the following issue, depending on the workload. 3. The order of typesetting in each issue is determined by the time the work's peer review is completed.

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