The law amends the Enforcement and Bankruptcy Law. Accordingly, when a decision is made to dissolve a joint ownership through sale concerning immovable property acquired by all owners through inheritance, where no third party other than the heirs holds a property right, the first auction will be held only among the owner heirs.
This auction procedure, to be conducted only among the owner heirs, will apply once. The announcement to be published on the electronic sales portal will also be revised.
Accordingly, the announcement on the electronic sales portal will state that a creditor requesting the sale and wishing to participate in the auction will not be required to provide security up to the amount covered by the claim if the creditor applies to the enforcement office conducting the sale by the end of business on the business day preceding the end of the auction period. It will also state that the Treasury is exempt from providing security in open auctions.
The announcement will also state that bids submitted through the electronic sales portal must exceed whichever is higher: 50 percent of the appraised value of the seized property; in cases where the first auction for dissolving joint ownership through sale is held only among the owner heirs, 100 percent of the appraised value; in the second auction, 50 percent of the appraised value; or the total amount of claims secured by that property and having priority over the claim of the person requesting the sale.
The bids must also exceed the relevant amount by the costs of converting the property into cash and distributing the proceeds.
The announcement will state that if the auction buyer submits the highest bid but fails to pay the auction price within the prescribed period, the security will not be returned and will first be deducted from the sale expenses. The remaining amount will be paid to the beneficiaries in enforcement files against their claims. If the auction buyer who fails to pay on time is the creditor requesting the sale, 10 percent of the appraised value will be deducted from that creditor’s claim, and the expenses incurred for the sale will remain the creditor’s responsibility rather than being charged to the debtor.
In the dissolution of joint ownership through sale, the security collected from an auction buyer who submits the highest bid but fails to pay the auction price on time will not be returned to the buyer; after the sale expenses are deducted, it will be paid to the co-owners in proportion to their shares. If the person who fails to pay on time is a co-owner, the entire security will be paid to the other co-owners in proportion to their shares.
The announcement will also state that the enforcement office conducting the sale or the sales officer will impose an administrative fine equal to 5 percent of the bid on an auction buyer who submits the highest bid but fails to pay the auction price within the prescribed period. The fine will be notified to the collection office for collection under the provisions of the Law on the Procedure for the Collection of Public Receivables.
The amendment to the Notary Public Law will allow notarial documents and registers to be examined by courts, criminal judgeships of peace, chief public prosecutors’ offices, official departments, or persons authorized at the notary’s office to conduct investigations, provided that the subject matter is also specified.
If a court, criminal judgeship of peace or chief public prosecutor’s office requests the original of a notarial document, the relevant notary will make a copy, certify its conformity with the original, retain the certified copy at the notary’s office and send the original to the relevant authority.
When a court, criminal judgeship of peace, chief public prosecutor’s office or official department authorized to conduct an investigation requests a certified copy of a notarial document, the notary will scan the original electronically, sign it with a secure electronic signature and transmit the certified copy to the relevant authority electronically.
Where electronic transmission is not possible, the notary will certify the copy’s conformity with the original and send it to the relevant authority. No journal number will be assigned for these transactions, and no fee will be charged, including charges, taxes or valuable paper fees, apart from postage costs and travel expenses set by the tariff prescribed by law.
An amendment to the Council of State Law will extend by four years the period ending on July 23, 2026, which provides for reducing the number of chambers of the Council of State to 10 within 10 years from 2016. In addition, because the number of Council of State chambers will not be reduced, the practice of electing one member for every two vacant positions will be suspended until July 23, 2030.
Cases to be decided by a single judge in administrative courts
The law amends the Law on the Establishment and Duties of Regional Administrative Courts, Administrative Courts and Tax Courts. The scope of cases to be decided by a single judge in administrative courts will be expanded.
Except for actions brought against regulatory measures, annulment actions and full remedy actions concerning administrative acts not exceeding 486,000 liras; actions concerning disciplinary penalties imposed on primary, secondary and higher education students, except those resulting in suspension or expulsion; and actions concerning grade promotion, grade determination, dormitory, loan and scholarship procedures will be decided by one administrative court judge.
Actions concerning temporary assignments, travel allowances, housing and leave procedures involving public officials; actions against warnings issued to public officials; actions against disciplinary penalties imposed on members of professional organizations having the status of public institutions, except penalties that temporarily or permanently prevent professional activity; and actions arising from the implementation of the Law on the Granting of Monthly Allowances to Turkish Citizens Aged 65 or Over Who Are Needy, Weak and Without Support will also be decided by one administrative court judge.
Cases not exceeding 486,000 liras will also be decided by one tax court judge.
Under another amendment to the Administrative Procedure Law, after reviewing a first-instance court decision, a regional administrative court will reject an appeal if it finds the decision lawful. If the outcome is lawful but the reasoning is incorrect or incomplete, it will amend the reasoning; if material errors can be corrected, it will make the necessary corrections before rejecting the appeal.
A regional administrative court will definitively accept the appeal, annul the first-instance court decision and send the file back to the court that issued the decision when an appeal against a decision issued after an initial examination or another final procedural decision is justified; when the case was heard by a court lacking jurisdiction or competence, or by a judge who had been rejected or was prohibited from hearing the case; when a decision on the merits was issued without rejecting the petition despite the need to reject it; when the file was completed and decided with an incomplete or incorrect opposing party; when no decision was made on a request or the ruling was incomplete; when a decision was issued without an inspection or expert examination despite the need for one; or when a decision was issued without a hearing despite the need for a hearing.
However, a regional administrative court may remedy the deficiency itself and issue a decision when an inspection or expert examination was required, or when a decision was issued without holding a hearing despite the need for one. Outside these situations, the court may not annul the decision and send the file back to the court that issued it.
Under another amendment to the Administrative Procedure Law, except for cases designated for appeal to the Council of State, decisions issued again by a regional administrative court after it annuls a first-instance decision during an appellate review may be appealed to the Council of State within 30 days of notification.
However, no appeal to the Council of State will be available in cases heard by a single judge in administrative and tax courts; cases arising from the implementation of the Law on the Protection of Farmer Property; cases arising from the implementation of the Law on the Prevention of Encroachment on Possession of Immovable Property; cases arising from the implementation of the Law on Foreigners and International Protection; or decisions concerning only attorney fees and litigation expenses, even if a new decision is issued after an annulment.
The provision governing appeals in tax cases, full remedy actions and actions concerning administrative acts whose subject matter exceeds 270,000 liras but does not exceed 920,000 liras, where a new decision is issued after annulment during appellate review, will be repealed.
Under a motion adopted by the General Assembly, where a regional administrative court annuls a first-instance decision during appellate review and issues a new decision, no appeal will be available in cases below the appeal threshold if, as of 2026, the monetary difference between the amounts awarded in the first-instance and regional administrative court decisions does not exceed 55,000 liras.
In addition, in cases decided by a single judge because they did not exceed 486,000 liras as of 2026, a decision issued again by a regional administrative court after annulling the first-instance decision will not be appealable even if the difference between the amounts awarded exceeds 55,000 liras this year.
An amendment to the Law on Certain Regulations Concerning the Council of Forensic Medicine will require candidates for appointment as chair or members of forensic medicine specialist boards to hold at least a specialist medical or dental qualification or a doctoral degree in the relevant field. The terms of office of the chairs and members of forensic medicine specialist boards, group heads of forensic medicine and heads of forensic medicine specialist departments will be four years.
The terms of those whose terms expire will continue until the newly appointed or assigned officials begin their duties.
Training for assistant judges and prosecutors
Under an amendment to the Law on Judges and Prosecutors, adopted in line with Constitutional Court annulment decisions, assistant judges and prosecutors in the judicial branch and assistant judges in the administrative judiciary will receive training, as relevant, in constitutional and human rights law, criminal law, private law, administrative law, tax law and procedural law, as well as hearing management, drafting decisions and reasoned decisions, management and supervision of justice services, international organizations and conventions, frequently encountered cases and personal development.
Written examinations will include questions on the subjects covered in the training and will be graded out of 100. The results will be recorded in minutes by the written examination board and submitted to the Türkiye Justice Academy.
The oral examination will assess the assistant judge’s or prosecutor’s knowledge of legislation, case law and practice related to the training subjects; professional competence; ability to understand, resolve and express legal issues; self-confidence; capacity for representation; suitability of conduct for the profession; ability to use Turkish effectively; and level of general knowledge and aptitude.
Another amendment to the Law on Judges and Prosecutors provides for a warning penalty when an expert is consulted on matters that can be resolved through the legal knowledge required by the judicial and prosecutorial professions.
Accordingly, where interest must be paid under the Turkish Code of Obligations or the Turkish Commercial Code and the amount has not been determined by contract, the annual payment will be calculated at 80 percent of the rediscount rate applied by the Central Bank of the Republic of Türkiye to short-term credit transactions on December 31 of the previous year.
If that rate differs by five or more percentage points from the rediscount rate applied on December 31 of the previous year as of June 30, the rate determined on June 30 will apply at 80 percent during the second half of the year. The amendment also revises the provision of the Turkish Civil Code concerning the sale of movable property.
Accordingly, if the interests of a person under guardianship require it, movable property other than valuables will be sold by auction through the electronic sales portal integrated into the National Judiciary Informatics System, in accordance with instructions issued by the guardianship authority. This provision will apply three months after the amendment is published.
Under the amendment to the provision of the law concerning the sale of immovable property, the sale will be conducted by auction through the electronic sales portal integrated into the National Judiciary Informatics System, and the auction will be completed with the approval of the guardianship authority. The approval decision must be issued within 10 days beginning on the date of the auction. This provision will also enter into force three months after the amendment is published.
Participation in fraud and aggravated fraud
A paragraph will be added to Article 158 of the Turkish Penal Code, which concerns aggravated fraud.
Accordingly, when participation in fraud or aggravated fraud is limited to providing another person with the bank or credit card payment instruments belonging to oneself or another person, or the necessary information or tools enabling the use of an account held with a bank, brokerage firm, payment service provider or crypto-asset service provider, for the purpose of securing an unjust benefit for oneself or another person, the sentence imposed will be reduced by half.
In line with a Constitutional Court annulment decision, the provision of the Code of Criminal Procedure concerning the confidentiality of genetic examination results will also be amended.
Accordingly, the examination results will be recorded in a dedicated system after being stripped of identifying information, and a copy will be sent to the investigation or prosecution authority to be kept as evidence in the file.
The information recorded in the system and retained as evidence in the file will be destroyed immediately when the period for objecting to a decision of non-prosecution expires, when an objection is rejected, or when an acquittal or a decision that there is no ground for imposing a sentence is issued and becomes final. In other cases, it will be destroyed in the presence of a public prosecutor 20 years after the court decision becomes final, and this will be recorded in the minutes for retention in the file.
