Yargı Harçları (I Sayılı Tarife)

Abstract

The judicial fees, that constitute the subject of the thesis, are regulated in the first part of the Fees No. 492 dated 1964 and in the Price List I of this Act. The grounds for the fees and judicial fees date back a long way. After discussing the development of judicial fees from past to present, the legal nature and constituents of fees and the status of the fees in our current legislation are examined. In addition to the examination of the current legislation, whether the fee system has a fair structure, the role of fees in the access of citizens to justice, the transformation and change process brought about by technological developments in the context of act of fees law are also taken into consideration. The role of judicial fees in the legal system is fundamental since the parties involved in the procedures are or may be obliged to pay fees in almost every legal procedure. Statistical data, examples from court decisions and examples taken from the national judiciary informatics system (UYAP) were used in the study to concretize the determinations made based on this importance. The historical development, legal nature, and constituents, subject and types of judicial fees are evaluated by supporting these data. Certified copy fees, application fee in court fees, fee of hearing, judgement and writ fee, appeal and objection fees, survey fee, application fee in execution fees, advance fee, fee for the waiver of execution, collection fee, enforcement fee waiver, penal institution fee, central follow-up system fees, bankruptcy fees, concordat fees, confiscation, delivery, and sales fees are examined as the types of fees charged in legal processes. Past and current legislation, statistics, and examples about the place of judicial fees within the framework of fiscal law have been analysed in this study. The changes have been researched that need to be made in the fee system, such as the removal of the fees taken during the execution of the child delivery, which was a practice of nearly a century, but which would harm the sense of justice. The points where these positive examples can be developed in the field of fees law are evaluated together with the principles of fiscal law. These aspects are also discussed in the study. As a result, in this study, judicial fees are examined in an all-round manner on fiscal law.