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distinct type of tax. Therefore, similar to the other fees, the rule in legal
fees is that they are to be paid by the claimant party of a lawsuit, or by the
person requesting the fulfillment of the execution subject to the respective
fee. However, while resorting to a legal proceeding results in a fee liability
forit’s the respective applicant, if the applicant prevails, the same liability
is charged to the non-prevailing party.
Therefore, in lawsuits subject to proportional fees, in addition to the
fees payable at the end of the legal proceedings, the real liability for the
respective fees is also ascertained by means of the court decrees.
Assessment of the claims of contradiction with the Constitution
Under Article 2 of the Constitution, a state obedient to the rule of
law, mentioned as one of the characteristics of the Republic, is a state that
respects human rights; preserves and consolidates such rights and freedoms;
acts and proceeds in line with its current law; establishes, maintains, and
develops a just order of law; takes the criteria of justice and equity into
consideration in its enacted rules; facilitates the attainment of rights; and
eliminates any obstacle in the freedom to claim ones’ rights.
Under Article 36.1 of the Constitution, “each and every person has
the right to claim, and defend his/her rights, and be tried fairly before
judicial authorities under the title of either claimant, or defendant, by way
of benefiting from respective legitimate means and methods”.
While freedom to claim ones’ rights is among the guarantees properly
benefiting from and preserving the other basic rights and freedoms, it is
also the means for strengthening social peace and a way for individuals to
seek justice, to acquire their rightful shares, and to avoid inequity.
Freedom to claim ones’ rights and the right to be tried fairly, mentioned
under Article 36 of the Constitution, not only comprise the right to claim
and defend one’s rights before the judicial authorities as either claimants
or defendants, but also one’s right to acquire a rightful share. While paying
the respective fee in cash at the time of bringing a lawsuit to a court in the
lawsuits subjected to proportional fees, the claimant’s non-liability as to
the payment of the fee balance, the payment of which is delayed until the
finalization of the respective lawsuit due to its nature, is ascertained by
means of a court decree. While the delivery of the writ of the respective
lawsuit to the claimant is subject to the collection of a fee, the payer of