November 25 – December 1 Official Gazette

I am sharing a summary of developments from the laws, decrees, regulations, circulars, and other legislation issued by the Grand National Assembly of Turkey (TBMM), the President, ministries, and public legal entities published in the Official Gazette between November 25 and December 1.

Law No. 7532 on Amendments to the Notary Law and Certain Other Laws has been published. Accordingly, working as an insured employee during the legal internship period will no longer constitute an obstacle to completing the internship. Public officials will also be able to complete their legal internships while continuing their duties. The legal waiting period required to file a new divorce case after the rejection of a previous one has been reduced from 3 years to 1 year. State universities will now also be able to establish Child Monitoring Centers (ÇİM).

With Presidential Decree No. 9161, changes were made to the principles regarding deductions from the shares allocated to Metropolitan Municipalities, Special Provincial Administrations, Municipalities, and their affiliated organizations from the total collection of general budget tax revenues to cover their debts. Following the amendment, companies owned by special provincial administrations and municipalities were also included in the scope. Deductions can now be made from the relevant local administration's share for the tax and Social Security Institution (SGK) debts of these companies.

With Communiqué No. 574 on the Tax Procedure Law published by the Revenue Administration of the Ministry of Treasury and Finance, the revaluation rate to be applied to fees, penalties, and other legal transactions for the year 2025 has been set at 43.93%. Accordingly, new price hikes will be calculated based on this rate.

The Ministry of Interior has published the Regulation on Amendments to the School Bus Vehicles Regulation. Accordingly, if school bus vehicles exceed the age limit, they will be allowed to operate until the end of the current academic year. School bus drivers must hold a driver's license for at least 2 years for Class D licenses and at least 5 years for Class D1 licenses. If a decision is made by the Transportation Coordination Center (UKOME) in metropolitan cities or the Provincial Traffic Commission in other provinces, a professional competence certificate will be required. The requirement for internal and external cameras and recording devices in service vehicles will not be sought for 2017 and older models until the first periodic inspection after March 1, 2025.

The Constitutional Court has issued a rejection decision in file number 2024/99, in which the Ankara 4th Administrative Court examined a claim of unconstitutionality. The Administrative Court decided that the phrases "being Turkish" and "receiving a diploma from the Turkey Darülfünunu School of Dentistry" in Article 30 of Law No. 1219 on the Practice of Medicine and Medical Branches, which states that "in order to practice dentistry and hold the title of dentist within the Republic of Turkey, one must be Turkish and hold a diploma from the Turkey Darülfünunu School of Dentistry," are not unconstitutional. Except for the period following the Balkan Wars and World War I, we were born at the most unfortunate time to be Turkish. The fact that a court would make such an application is, in itself, a situation to be ashamed of.

The Council of Higher Education (YÖK) has published the Regulation on the Opening of Programs within Higher Education Institutions Abroad through Protocols to which the Council of Higher Education is a Party. According to the regulation, higher education institutions in Turkey will be able to open programs at higher education institutions abroad within the scope of protocols to which YÖK is a party. Students who are citizens of the host country will be placed in the opened program based on that country's central examination results. The success criteria for students will be carried out within the scope of the legislation to which the higher education institution opening the program is subject. Instruction will be face-to-face, and the language of instruction for the program will be the official language of both countries and English. Diplomas will be recognized by both countries without the need for equivalence procedures. Higher education institutions opening programs abroad will be obliged to follow the curriculum, course content, and course load of the same programs in Turkey, and to primarily assign faculty members who are permanent staff in the relevant programs in Turkey to these programs.

Law No. 7533 on Amendments to the Law on Civil Servants and Certain Other Laws and Decree-Law No. 375 has been published. Accordingly, the gun licenses of those who have their weapons stolen for the third time or lose their weapons for the third time will be revoked, and these individuals will not be granted permission to possess or carry weapons for 5 years from the date of loss. Those who import or sell parts of firearms such as barrels, slides, frames, cylinders, mechanism heads, extractors, firing pins, etc., may be sentenced to imprisonment from 5 to 12 years. The prison sentence for those who carry, purchase, or possess unlicensed weapons has been increased from the 1-3 year range to the 2-4 year range. Those who use unauthorized flashing lights and roof lights will be fined 96 thousand liras; their driver's licenses will be revoked for 30 days, and the vehicle will be banned from traffic for the same period. Associations that have been operating for at least one year will be able to open social clubs; this condition will not be sought for federations and confederations. Market and neighborhood watchmen (bekçiler) will be able to check individuals by external pat-down and inspect the parts of vehicles visible from the outside if there is sufficient suspicion that the person stopped possesses a weapon on their person or in their vehicle. Furthermore, this omnibus law amendment also introduced changes to the procedures and durations regarding short-term residence permits for foreigners and deportation decisions. Finally, the Migration Foundation (GÖÇ-VAK) was established to improve Turkey's migration management and support short, medium, and long-term migration policies.

Communiqué No. 575 on Amendments to General Communiqué No. 459 of the Tax Procedure Law has been published by the Revenue Administration of the Ministry of Treasury and Finance. The lower limit of 7,000 TL for payments that must be sent via bank, which was put into effect in recent weeks and stipulates penalties for both parties in case of violation, has been increased to 30,000 TL. In other words, after the new communiqué, it has become a requirement for transactions totaling 30,000 TL and above to be sent via bank and for transfer documents to be presented during audits. The regulation that both the payer and the payee will be fined separately if a transaction of 30,000 TL or more is not made via bank, for any reason whatsoever, has been maintained exactly as is.

The Ministry of Industry and Technology has published the Regulation on Type Approval of Motor Vehicles Regarding Autonomous Driving Systems of Fully Autonomous Vehicles. Accordingly, type approval for autonomous driving systems will be evaluated within the scope of three scenarios. This scope will include fully autonomous vehicles manufactured for the transport of people and goods in designated areas; those operating on fixed routes; and vehicles using autonomous parking systems in specific parking facilities. Technical specifications will be subject to evaluation by approval bodies or their technical services.

The Ministry of Agriculture and Forestry has published the Communiqué on Amendments to the Communiqué on Supporting Investments Based on Agriculture within the Scope of Rural Development Supports. In the new communiqué, the completion periods for agriculture-based investment projects have been changed. Except for force majeure, the completion period for projects whose grant agreement was signed in the calendar year, which was the last working day of November, has been extended to April 30, 2025.

The Council of Judges and Prosecutors (HSK) has published the Decree on Appointments in Judicial and Administrative Judiciary. Accordingly, the duty locations of a total of 369 judges and prosecutors have been changed.

The Ministry of Health has published the Regulation on Amendments to the Ministry of Health Appointment and Relocation Regulation. With the new regulation, the number of service groups has been increased from four to five. With this change, the way has been opened for relocation from A and B service group provinces to D and E service group provinces. By allowing appointments without the distinction of sub-region and upper-region, it has been ensured that health personnel can be appointed from provinces with less need to provinces with greater need. In addition, it was ensured that all physicians receive 100% more than the highest service points for assignments made outside of their requests, and that female personnel receive service points during their maternity leave. The right to relocation for personnel was also expanded to include the right to be appointed to a desired location in the event of the death of a child, in addition to the spouse. Finally, the three-month waiting period requirement for strategic personnel whose spousal status appointment was made while their spouse was working in the private sector has been abolished.