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PROCEDURAL LAW
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Proportional Decree and Writ Fee
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General
Fees are the amounts being paid by real-legal persons for their
utilization of public services for the sake of their private benefits. Therefore,
fees are financial liabilities imposed on persons benefiting from public
services. Due to its nature as a financial liability, it may only be imposed in
accordance with Article 73/3 of our Constitution. Therefore, Law of Fees
No.492 was enacted on July 2
nd
, 1964. With all its subsequent supplements
and amendments, it still remains the general law of fees.
In fact, the services being rendered by the State are free of charge due
to their nature as public services. However, by such reasons as rendering
public services to the citizens more effectively, preventing unnecessary
applications, etc., a number of financial liabilities have been imposed on
those benefiting from some of these services. Likewise, persons claiming
their rights before courts have also been subjected to a similar financial
liability. In other words, those persons are to pay a certain amount of money
to the state in the form of fee. This is the so-called Court Fee. However,
this does not fully correspond to the state’s services in this field. If so,
it would lead to the limitation of people’s freedom to claim their rights.
Besides, it is impossible for the citizens to meet such a financial burden.
While Article 1 of the Law of Fees specifies the kinds of the fees, legal fees
are specified under Article 1.1. Legal fees are also regulated in detail under
the first part of the first section of the Law. In accordance with Article 2 of
the Law, “Among the legal proceedings, those listed under tariff no.(1) are
subjected to legal fees.”
The first clause of this article includes the legal proceedings listed
under tariff no.(1) within the scope of legal fees. Therefore, it is impossible
to receive any legal fee from a legal proceeding that is not described
and identified under tariff no.(1). In accordance with Article 73/3 of
our Constitution mentioned above, it may also be out of the question to
generate a new fee by analogy.
So as to become effective from the beginning of each calendar year,
applicable fixed fees (limits specifying the minimum and maximum
amounts of the fixed and proportional fees included) of the previous
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Article of March 2010