TURKEY ESTABLISHMENT OF THE BOARD OF ETHICS FOR PUBLIC OFFICIALS AND SOME LAWS AMENDMENTS
ABOUT THE LAW Law Number: 5176 Date of Admission: 25/05/2004 The Official Gazette: Date: 08/06/2004 Number: 25 486 Published in the Law: Series: 5 Volume: 43 Purpose and Scope Article 1 - The purpose of this Act, to determine the establishment of transparency, impartiality, honesty, accountability, ethical behavior, such as protecting public interest to observe the implementation of the principles of the Council of Ethics for Public Officials, to determine the duties and working procedures and principles. This law, including general budget apartments, annexed budget administrations, state economic enterprises, revolving funds, local administrations and their unions, as a legal entity of public assembly, the upper board, agency, institution, enterprises, agencies, funds and other names, which was established all public institutions and organizations, management and audit committee and council, including the top committee chairman and members of all staff. President of the Republic of Turkey Grand National Assembly, members of the Council of Ministers, Turkish Armed Forces and the provisions of this Law does not apply to courts and universities. Establishment Article 2 - This is the Prime Minister to discharge the duties specified in this Act under the Public Servants' Ethics Board (the Board) was established. The Council of Ministers to take decisions under this Act and to implement all kinds of issues; a) one member from among those who served in the Ministry, b) among the ones that made the mayor a member of the Provincial,
c) the Court of Cassation, Supreme Administrative Court, having retired from the positions of membership, three members d) The Undersecretariat, Ambassadorship, Governorship, or those tasks that have acted independently and regulatory committee, having retired from the presidency, three members e) the universities that have acted as rector or dean of faculty members or two members of its retirees, f) The public nature of the professional organizations who have made the most of a member of senior management, A total of eleven members selects and assigns, including one President. About to be appointed chairman or member of the Board, No. 5434 Law on the Pension Fund of the Republic of Turkey with the first paragraph of Article 40 fourth paragraph of Article 68 shall not apply additional meeting and they are executed without cessation of pensions. Members' term of office is four years. Re-elected members of the Council of Ministers expired. Court decision before the end of tenure of board members. But the members, a serious illness or disability, should they lose a job because the conditions for assignment, see, See, or their appointment expires according to the procedures shall be dismissed. Members, or a disgraceful abuse of power if they are convicted of an offense shall be dismissed with the approval of the Prime Minister. Vacated because of impeachment or for any reason before the expiry of the Council of Ministers within one month of Board members shall be filled again. Members appointed in this manner, completes the term of office of the member is assigned instead. The Board, upon the invitation of the Chairman meets at least six members and the affirmative vote of the members shall decide by simple majority. Decisions of the meeting concerned. The Board meets four times a month. Board chairman and members is essential to attend the meetings. In three consecutive meetings or a total of ten meetings a year are deemed to have resigned from the members to attend. The secretarial services of the Board shall be exercised by the Prime Ministry General Directorate of Personnel and Principles. The Chairman and members of the Board, without prejudice to the provisions of Allowance Law numbered 6245, for each day actively engaged in the (3000) found in the amount calculated by multiplying the index figure of peace officers are entitled to monthly coefficient. Excluded from this payment will be no reduction of stamp duty. Diem and other needs of the Board each year for the necessary budget allocation is the Prime Minister. Duties of the Council Article 3 - The Board must comply with principles of ethical behavior of public officials carrying out their duties shall prepare, for alleged violation of the principles of ethical behavior on its own initiative or on
the deadline for making the necessary analysis and research to inform the relevant authorities as a result, studies to establish an ethical culture in the public sector perform or make and the duty and power to support the studies in this subject. Application to the Board or its authorized disciplinary committees Article 4 - under this Act where applications contrary to the principles of ethical behavior of public institutions and organizations, claiming at least be referred to the Board about the general manager or equivalent level of public officials. Which titles of institutions and organizations deemed equivalent general manager and carry out the organizational structure is determined by the Board taking into consideration the quality of services. Other public officials, claiming that the deadline for applications contrary to the principles of ethical behavior, disciplinary boards of the institutions authorized by the Board in violation of regulations issued evaluated with regard to the principles of ethical behavior. The result of evaluating the decision taken by those concerned and to the applicant. Applications based on the principles defined in the Law on the Use of Right to Petition No. 3071, is eligible to exercise the civil rights of citizens of the Republic of Turkey can be done by foreign natural persons residing in Turkey. However, public officials seeking to scratch, not based on a reasonable excuse, sufficient information and documentation on the subject of the application submitted applications will not be considered. Judicial bodies or judicial bodies which are seen attached to a decision about the dispute to the Board or its authorized disciplinary committees are not accepted. GidildiÄ&#x;i agreed during the review of applications to a court process is stopped. Investigation and research Article 5 - The Board investigation and research concerning the applications are executed within the framework of the principles of ethics whether or not infringed. The Board will review the applications received via his complaint or denunciation, and shall conclude the investigation within three months at the latest. Assembly and the Prime Ministry concerned in writing the outcome of investigation and research reports. (Cancel the third paragraph: the Constitutional Court dated 04.02.2010 and E: 2007/98, K.: 2010/33 by the Constitutional Court.) Researches and studies made in accordance with this Act, according to general rules are subject to criminal prosecution or disciplinary prosecution according to the provisions of the law does not preclude staff.
Information and documents requested Article 6 - The Ministries and other public institutions and agencies in relation to the application must provide information and documents requested. Board, representatives of relevant organizations and private organizations within the scope of this Act have the authority to call the information. Regulations Article 7 - The issues related to enforcement of this Act, the Board is determined by regulations to be prepared. Put into effect regulations to be prepared by the Board with the approval of the Prime Minister. Article 8 - (19.4.1990 dated and Declaration of 3628, is related to the Law of Bribery and Corruption processed.) Article 9 - (14.7.1965 dated and related to the Civil Servants Law No. 657 is processed instead.) Effect Article 10 - This Law enters into force on the date of publication. Executive Article 11 - This Law shall be enforced by the Council of Ministers.
Published on Sep 12, 2012