ABOUT GENERAL LAW OFFICE DISCIPLINE PROVISIONS NO. 7068

disciplinary offenses and penalties under the law

CASE OF CANCELLATION OF GENDAMARY DISCIPLINE PENALTY

"General Law Enforcement Disciplinary Provisions" have been determined with the law numbered 7068, which was adopted on 31.08.2021. With this law; Disciplinary penalties and disciplinary investigation procedure for the personnel of the General Directorate of Security, Gendarmerie General Command and Coast Guard Command have been determined. Discipline is one of the most vital issues in the Turkish Armed Forces. In this respect, it should be taken into account that the measures taken regarding discipline will differ in terms of privacy compared to other institutions and organizations. Because providing and maintaining discipline are indispensable issues for the Turkish Armed Forces to fulfill their duties. According to the definition established in the Turkish Armed Forces, there are two most basic elements of the discipline. These are obedience and obedience to the superior law of the subordinate. Therefore, the main purpose of the law can be expressed as reinforcing the feeling of obedience in the Turkish Armed Forces and determining the procedures and principles to act in accordance with the law.

HOW DOES DISCIPLINED OCCUR?

1- In cases where there is no separate provision in the Turkish Armed Forces Disciplinary Law, it is stated that indiscipline can be committed intentionally or negligently. If it is clearly foreseen in the definition of indiscipline that it can be committed intentionally, since it is not possible to commit this indiscipline by negligence, it is aimed to avoid confusion on this subject by putting the phrase "in cases where there is no separate provision in this law" in the text of the paragraph in the law article.

2- Disciplinary investigation can be made against a personnel who is subject to a judicial prosecution or investigation for any act, and a disciplinary penalty may be imposed if deemed necessary at the end of the disciplinary investigation. As a matter of fact, the fact that an act constitutes a crime within the scope of criminal law is one thing, and it is another thing to define it as a situation in which the relevant administration should take measures in terms of disciplinary law. In this case, for example, it is possible to impose a disciplinary penalty on a personnel who is being investigated or prosecuted for a disgraceful crime by disciplinary chiefs.

MONTHLY CRIMINATION UNDER THE LAW ON ACCEPTANCE OF LAW NO. 7068 ON GENERAL LAWSUIT DISCIPLINE PROVISIONS

It is the deduction of up to 15 days from the gross salary of the personnel who are given a disciplinary penalty, excluding the raises and compensations, according to the severity of the act. The penalty is carried out by deducting it from the salary of the personnel by the unit accruing the pension. The monthly deduction is made in full Turkish Lira and cents are not taken into account.

WHAT ARE THE INDISCIPLINES REQUESTING THE PENALTY WITHIN THE LAW ON THE APPROVAL OF THE DECISION WITHIN THE LAW CONCERNING THE GENERAL LAWSUIT DISCIPLINE PROVISIONS NO. 7068?

Article 8/3-a Penalty of Deduction from Pension for Up to Three Days

- Going on duty with deficient gear and equipment contrary to legislation or instructions.

- Failure to comply with the warnings of supervisors and superiors regarding their duties and professional issues or their attitudes and behaviors, or to be indifferent to these warnings, not to answer the questions asked by their supervisors and superiors within the required time.

-To seek priority and privilege by putting others as intermediaries for personal rights or other personal benefits.

- Not to be on duty for up to twenty-four hours without permission or an excuse acceptable to the institution.

-To behave disrespectfully to superiors or superiors out of duty.

-Failure to come to watch duty or to act against the rules determined by legislation and/or instructions while on duty or spot duty.

- Sitting in a coffeehouse, coffee house, club, club and similar places while on duty, without the necessity of duty or without the permission of the supervisor.

- To go outside the borders of the province where he is in charge without obtaining permission from his superior.

-Using the employees under his command or the State's tools and equipment in his private affairs without an acceptable excuse by the administration.

- Losing the personnel ID card given to him without an acceptable reason.

- Exaggerating his illness for purposes such as fulfilling some wishes, gaining personal benefit, avoiding duty or responsibility, or making it a habit not to participate in a part of the daily work by pretending to have a disease even though he does not exist.

- Not responding to those who call and ask any way, place or person.

- Showing indifference to the task, neglecting the task, or failing to complete the task within the specified time without a valid excuse.

- Making people wait for no good reason.

- Not following the rules set for greetings.

- To act and behave in violation of the official protocol rules.

- While on duty, dealing with work unrelated to the duty or service, except as permitted by the competent authorities.

- Legislation on dress and dress