Official Gazette Review: December 23, 2024 – January 5, 2025

I am sharing a summary of developments published in the Official Gazette over the last two weeks, between December 23, 2024, and January 5, 2025.

The Constitutional Court published its decision stating that personal relationships between a child and their parents can only be terminated by courts in the presence of very serious reasons and risks concerning the child. The decision explains that for children under 18 whose parents are divorced or in the process of divorce, maintaining a relationship with both mother and father is healthier for their physical and mental development, unless exceptional circumstances exist. (Application No. 2022/57445, Decision Date 30.04.2024)

A decision by the Ministry of Energy and Natural Resources, General Directorate of Mining and Petroleum Affairs, regarding petroleum rights was published. A new area of 31,152 hectares was added to the 31,201-hectare oil exploration license held by TPAO within the borders of Antalya.

Presidential decrees regarding the establishment of the Population Policies Board and the Family Institute under the Ministry of Family and Social Services were published. Meetings of the Board may be held when deemed necessary by the President, and relevant ministers, public officials, as well as representatives from the private sector, non-governmental organizations, professional organizations, unions, and universities may be invited to discuss the agenda.

The Special Consumption Tax (ÖTV) rates and minimum fixed tax amounts for alcoholic beverages and hookah tobacco were increased.

With a regulation published by the Ministry of Environment, Urbanization and Climate Change, the effective date for the provision requiring design supervision and control services for fire detection, extinguishing, and evacuation projects for buildings with high-risk usage areas exceeding 30,000 square meters, and for all non-residential buildings with a height exceeding 51.50 meters or a construction area exceeding 50,000 square meters, was changed from 01/01/2025 to 01/01/2027. The effective date for the provision requiring such services for residential buildings with a height exceeding 51.50 meters was changed from 01/01/2026 to 01/01/2028.

A decision by the Constitutional Court (Application No. 2019/30300, dated 18.7.2024) was published, ruling that the right to access a court—within the scope of the right to a fair trial—was violated by restricting the right to increase the claim amount to the court of first instance.

Legislative amendments prepared by MASAK (Financial Crimes Investigation Board) were published. Significant powers were granted to MASAK regarding the prevention of money laundering and terrorism financing, particularly concerning illegal betting and fraud, as well as the informal economy.

The Ministry of Energy and Natural Resources, General Directorate of Mining and Petroleum Affairs (MAPEG), granted a 5-year oil exploration license to Wali Petrol Limited Şirketi for two fields with surface areas of 14,836 and 14,837 hectares located within the borders of Erzincan and Erzurum provinces. At the same time, MAPEG decided to expropriate two separate areas of 17,632.06 square meters and 20,616.6 square meters in the Sur and Ergani districts of Diyarbakır as part of oil exploration activities.

The "Regulation on Amendments to the Regulation on the Trade of Motor Land Vehicles," prepared by the Ministry of Trade, was published. The practice prohibiting the direct or indirect sale of second-hand vehicles before 6 months and 6,000 kilometers have passed since the first registration date remains in effect until July 1, 2025.

The "Regulation on the Classification and Registration of Building Contractors," prepared by the Ministry of Environment, Urbanization and Climate Change, was published. Financial adequacy criteria for contractors were increased by half. The work capacity limit for new contractors was reduced by approximately 15 percent, and projects receiving a national green building certificate will now be awarded 5 percent additional points.

The net minimum wage for 2025 was announced as 22,104 liras.

A Presidential Decree on "Amendments to the Presidential Decree on the Organization and Duties of the Nuclear Regulatory Authority" was published. New offices were added to the organization, and new staff positions were created.

For sales made to disabled citizens as an ÖTV exemption, the domestic production ratio was increased to 40 percent, and the holding period for vehicles purchased under this exemption was increased from 5 to 10 years.

The Water Efficiency Regulation of the Ministry of Agriculture and Forestry was published.

The Competition Authority's Regulation on Administrative Fines for Restrictive Agreements, Concerted Practices, and Decisions, and Abuse of Dominant Position was published. The distinction between "cartel" and "other violations" in determining administrative fines, as well as the lower and upper limits of base fine rates based on this distinction, were removed. Aggravating and mitigating factors were redefined in line with Board decisions. The Board has the authority to impose administrative fines of up to 10 percent of the company's turnover.

The Revenue Administration set the fee for departure abroad at 710 TL.

The 2025 Central Government Budget Law was published in the duplicate issue of the Official Gazette. An appropriation of 14,605,800,967,000 TL was allocated to public administrations, 1,360,241,455,000 TL to special-budget administrations, and 68,362,485,000 TL to regulatory and supervisory institutions. The Central Government Final Account Law was also published in the duplicate issue.

With a communiqué from the Ministry of Treasury and Finance and the Ministry of Trade, taxpayers keeping books on a balance sheet basis can now also keep their inventory books as e-books, in addition to the electronic journal and general ledger.

The regulation that came into effect on March 30, 2023, which allowed domestic legal entities with obligations regarding import payments or foreign currency loan repayments to open foreign currency conversion or Turkish Lira-denominated deposit and participation accounts with maturities of 1 to 12 months to provide currency protection, has been repealed by the Central Bank of the Republic of Turkey (TCMB).

The Regulation on Amendments to the Ministry of National Education Private Educational Institutions Regulation, prepared by the Ministry of National Education (MEB), was published. Three new types of institutions affiliated with the MEB were defined: Student Activity Centers, Psychological Counseling Centers, and Language, Speech, and Ergotherapy Centers. Fee increases for private educational institutions were restricted. When determining fees for services other than meals, breakfast, and transportation for intermediate grades—such as boarding, clothing, tutoring, and international diploma and certificate programs—the fee announced in the previous academic year will be taken into account; for students continuing at the school, the fee determined in the student enrollment contract will be used. These fees will not be increased by more than the average domestic producer price index (D-PPI) of the previous year plus half of the average consumer price index (CPI) of the previous year. Schools cannot charge any fees under the name of textbooks, and all educational institutions must publish their fees on their websites. A regulation was also made to implement the provisions of the Regulation on the Dress Code of Students in Schools Affiliated with the MEB in private schools.