ELECTRONIC TRANSACTIONS IN ENFORCEMENT LAW
The National Judicial Network Information System is used in all kinds of execution and bankruptcy proceedings to be conducted by the enforcement and bankruptcy offices; all kinds of data, information, documents and decisions are processed, recorded and stored through the National Judicial Network Information System.
The electronic data created with a secure electronic signature according to the procedure are in the form of a promissory note. A secure electronic signature has the same proof power as a manual signature. A secure electronic signature can be used instead of a manual signature, except for transactions that are clearly stated in the laws that cannot be made with a secure electronic signature. In documents and decisions created with a secure electronic signature, the provisions providing for the regulation of more than one copy and the sealing process in the laws are not applied.
For mandatory reasons, physically issued documents or decisions are signed by authorized persons with a secure electronic signature and transferred to the National Judicial Network Information System and, if necessary, transmitted to the relevant units via the National Judicial Network Information system. The originals of the documents and decisions transmitted to the relevant units by being transferred to electronic media in this way are stored in the sender’s execution and bankruptcy office, and also they are not sent physically. However, the cases in which the examination of the original documents or decisions is mandatory are reserved.
In cases where a physical sample needs to be extracted from the electronic environment, it is signed and sealed by the executive director or the personnel assigned by him, stating that the original of the document is the same.
For transactions made electronically, the period ends at the end of the day.
(Additional clause: October 6, 12, 2018-7155/10 art.) The creditor can query the debtor’s property, rights or receivables for fifty cents with file safahat information through the information systems integrated into this system via the National Judicial Network Information System. This amount is increased every year at the rate of revaluation determined and announced in accordance with the provisions of repeated Article 298 of the Tax Procedure Law dated 4/1/1961 and numbered 213 in relation to the previous year. The Ministry of Justice is authorized to increase and decrease the fee increased at the revaluation rate up to five times, as well as to exclude a certain number of interrogations, including those based on days and files, from the fee. This fee will not be charged from public administrations within the scope of the general administration, nor will a fee be charged for a query that the creditor will make five times over the same file in one day. The fee to be received within this scope is collected according to the procedure to be determined by the Ministry of Justice and cannot be charged to the debtor as a follow-up expense.
The procedures and principles for conducting electronic transactions through the National Judicial Network Information System are 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 clerk. The content of the decree was also not objected to. For this reason, there is no direction that does not comply with the Law in the follow-up of the decision signed and approved by the judge electronically and printed with the editorial program from the UYAP lawyer portal.–
Y.8.H.D.T T: September 25, 2014 E: 2013/23719 K: 2014/17086