ELECTRONIC TRANSACTIONS IN ENFORCEMENT LAW
The National Judicial Network Information System shall be used in all kinds of enforcement and bankruptcy proceedings to be carried out by the enforcement and bankruptcy offices; all kinds of data, information, documents and decisions shall be processed, recorded and stored through the National Judicial Network Information System.
Electronic data duly created with a secure electronic signature shall have the force of a promissory note. Secured electronic signature has the same power of proof as a manual signature. Secured electronic signature may be used instead of a manual signature, except for the transactions that are explicitly stated in the laws that cannot be performed with a secure electronic signature. In documents and decisions created with secure electronic signature, the provisions of the laws stipulating the issuance of more than one copy and the sealing process shall not apply.
Documents or decisions issued physically due to compulsory reasons shall be signed by authorized persons with secure electronic signatures and transferred to the National Judicial Network Information System and transmitted to the relevant units through the National Judicial Network Information System when necessary. The originals of the documents and decisions transferred to the electronic environment and transmitted to the relevant units in this way shall be kept in the sending enforcement and bankruptcy office and shall not be sent physically. However, the cases where it is mandatory to examine the original documents or decisions are reserved.
In cases where it is necessary to extract a physical sample from the electronic environment, it shall be signed and sealed by the executive director or the personnel assigned by him, stating that the document is the same as the original.
The time period for transactions made electronically ends at the end of the day.
(Additional paragraph: 6/12/2018-7155/10 Art.) The creditor may query the file progress information and the debtor’s property, rights or receivables through the National Judicial Network Information System through the information systems integrated to this system for fifty kurus. This amount shall be increased every year by the revaluation rate determined and announced in accordance with the provisions of the repeated Article 298 of the Tax Procedure Law No. 213 dated 4/1/1961 for the previous year. The Ministry of Justice is authorized to increase or decrease the fee increased by the revaluation rate up to five times and to exempt a certain number of inquiries based on days and files from the fee. Public administrations within the scope of general administration shall not be charged this fee, nor shall the creditor be charged for five inquiries over the same file within one day. The fee to be collected within this scope shall be collected according to the procedure to be determined by the Ministry of Justice and shall not be charged to the debtor as a follow-up expense.
The procedures and principles regarding the execution of electronic transactions through the National Judicial Network Information System shall be regulated by a regulation issued by the Ministry of Justice. Article 8/a-
JUDICIAL DECISIONS
According to the UYAP system, a court decision cannot be viewed on the lawyer portal unless it is signed and approved electronically by the judge and the clerk. The content of the judgment has not been objected. For this reason, there is no incompliance with the Law in placing the judgment, which was signed and approved by the judge electronically and printed with the editor program from the UYAP lawyer portal, into the proceedings.
Y.8.H.D.T T:25.09.2014 E:2013/23719 K:2014/17086