Constitutional Court issues ruling on regulation concerning notaries
The Constitutional Court (AYM) has decided to annul the regulation regarding disciplinary penalties for notaries. The regulations in question were annulled on the grounds that they were "not sufficiently clear or predictable."
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According to the decision published in the Official Gazette, it has been learned that the Constitutional Court (AYM) has annulled the regulation concerning disciplinary penalties for notaries. The regulations in question were annulled on the grounds that they were "not sufficiently clear or predictable." It was reported that the annulment decisions will enter into force in 9 months.
The Constitutional Court (AYM) stated that it found Articles 125 and 126 of the Notary Law to be unconstitutional.
According to the decision published in today's issue of the Official Gazette, the Ankara 20th Administrative Court, in a case filed for the annulment of a warning penalty given to a notary, claimed that Article 126 of the Notary Law was unconstitutional and requested its annulment.
In the annulment request, it was stated that which actions would be punished with disciplinary penalties was not clear or precise, and that it did not provide sufficient legal safeguards.
The High Court decided to also examine Article 125, which is related to Article 126.
The Constitutional Court decided to annul the provision in Article 125, which states: "For notaries who engage in acts and behaviors contrary to the dignity and honor of the profession, who do not perform their duties, who perform them defectively, or who engage in behaviors that shake the trust required by their duty, disciplinary penalties as written in the following article shall be applied according to the nature and severity of the situation, with the aim of ensuring that notary services are carried out properly."
The High Court also ruled for the annulment of the regulation in Article 126 regarding the penalties envisioned for notaries, which are "warning, reprimand, monetary fine, temporary suspension from duty, and dismissal from the profession."
The annulment decisions will enter into force in 9 months.