Legal Bulletin
Turkey Legal News — 11 May 2026: YİBBGK, Concordato, Notary Fee
Published 11 May 2026·14 min read
The week of 11 May 2026 brought significant developments across Turkish Law. The Court of Cassation Grand Assembly resolved a long-standing split among chambers, ruling 69-29 that claims absent from a petition cannot be introduced through an islah (amendment). The Justice Minister announced a one-time limit on concordato to curb abuse. The Official Gazette published new regulations on nursing homes, nuclear cybersecurity, and notary vehicle data fees.
Legal Profession News
Concordato Overhaul: One-Time Use to Prevent Serial Abuse
Concordato (composition with creditors) is a debt-restructuring mechanism under Execution and Bankruptcy Law (İİK) Arts. 285 et seq., allowing a company to negotiate a repayment plan with creditors in order to avoid bankruptcy. Since the 2018 legislative reform that liberalised access, applications have multiplied sharply, prompting widespread complaints that the procedure is being exploited to delay creditor recovery indefinitely.
Justice Minister Akın Gürlek announced that a reform is being prepared to allow concordato to be used only once per company. Gürlek stated that the system is being "locked up by expert reports" and that after a single concordato attempt a company must either genuinely recover or proceed to bankruptcy.
Practical impact: Under current law, some companies have filed multiple rounds of concordato, effectively deferring debt repayment for years. The reform will close this door. For commercial law practitioners, advising clients on the one-shot nature of concordato proceedings will become mandatory pre-filing work.
61st Bar Presidents Meeting: 5-Step Plan Against Violence Submitted to Parliament
The 61st Bar Presidents Meeting was convened in an urgent atmosphere owing to rising incidents of violence against lawyers. The concluding declaration announced that a 5-step action plan to prevent violence against lawyers had been prepared and delivered to all political parties following a march to Parliament.
TBB President Av. Erinç Sağkan and the Board of Directors visited Parliament Speaker Numan Kurtulmuş, formally requesting that a parliamentary inquiry commission be established to investigate the causes of violence against lawyers and determine appropriate legislative remedies.
Violence against lawyers — in courthouse corridors, during hearings and outside — has become an increasingly visible concern in Turkey. Whether Parliament will act on the commission request is set to be a defining issue for the legal community in the coming months.
Prison Population Reaches 401,519 — Up 4.7% Year-on-Year
The Prison Statistics 2025 Bulletin published by the Ministry of Justice Directorate General of Criminal Records and Statistics recorded 401,519 persons in penal institutions as of 31 December 2025, a 4.7% increase over the same date in 2024.
The figure keeps Turkey among the countries with the largest prison populations in the world. Overcrowding and detention conditions are frequently raised in applications to the European Court of Human Rights. For criminal defence lawyers, enforcing clients' rights regarding penal conditions and access to services under these statistics takes on added urgency.
International Judicial Cooperation Offices (CADİB) Established at 16 Prosecutors' Offices
The Ministry of Justice Directorate General for Foreign Relations and EU Affairs announced the establishment of International Judicial Cooperation Offices in Criminal Matters (CADİB) at the following public prosecutors' offices: Adana, Alanya, Ankara Batı, Bodrum, Bursa, Denizli, Diyarbakır, Edirne, Eskişehir, Gaziantep, Kayseri, Konya, Küçükçekmece, Mersin, Samsun and Trabzon.
CADİB offices coordinate mutual legal assistance (MLA) processes in cross-border criminal cases — evidence gathering, service of process and extradition requests. Extending this network beyond Istanbul and Ankara substantially increases Turkey's international judicial cooperation capacity.
For lawyers handling cross-border criminal matters or representing foreign clients, identifying and engaging the appropriate CADİB office will simplify and accelerate MLA procedures.
HSK: Administrative Court Ruling Does Not Reinstate Former Judge Özçelik
The Council of State 5th Chamber had annulled the dismissal order against former judge Metin Özçelik. However, the Supreme Council of Judges and Prosecutors (HSK) stated that Özçelik's reinstatement to the judiciary remains legally impossible due to other finalised disciplinary penalties against him.
This ruling highlights an important principle in judicial disciplinary law: where a judge faces multiple disciplinary sanctions, the annulment of one dismissal decision by an administrative court does not automatically entitle reinstatement where other finality-carrying sanctions remain in force. HSK's position signals that individual judicial review victories do not override the overall disciplinary record.
8 New Members Appointed to Court of Cassation; YSK Leadership Changes
The HSK General Assembly elected 8 new members to fill vacancies at the Court of Cassation (Yargıtay); certificates of appointment were presented at a ceremony. The new appointments form part of the ongoing policy to reduce the Court of Cassation's backlog and accelerate finalisation of appeals.
The Supreme Electoral Council (YSK) also saw a change in leadership following the end of terms of 6 members including President Ahmet Yener. Serdar Mutta was elected President and İsmail Kalender Deputy President. The YSK holds constitutional authority over the conduct of elections and resolution of electoral disputes — these appointments carry particular significance ahead of any future electoral cycle.
Official Gazette
Malatya Regional Court of Appeal Jurisdiction Expanded to Four Provinces
A decision published in the Official Gazette redrew the territorial jurisdiction of the Malatya Regional Court of Appeal (BAM) to cover the administrative boundaries of Malatya, Elazığ, Tunceli and Adıyaman. Separately, the Çerkeş district, previously within the Karabük Assize Court circuit, was reassigned to the Çankırı Assize Court circuit.
BAMs (Regional Courts of Appeal, i.e. intermediate appellate courts) were established in 2016 as part of the two-tier appeal reform designed to relieve the Court of Cassation. Jurisdictional boundary changes determine which BAM hears appeals from a given province.
Lawyers practising in Elazığ, Tunceli and Adıyaman — or handling appeals from those provinces — must update their appeal filings accordingly to avoid jurisdictional dismissals.
Notary Vehicle Database Queries Now Fee-Bearing: 2 TL per Record
An amendment to the Regulation on the Notary Law made the sharing of data from the vehicle title and registration database subject to a fee. The Turkish Union of Notaries (TNB) will charge a processing fee of 2 Turkish liras per query or returned record, adjusted annually by the revaluation rate.
Previous position: Institutions without a direct protocol with TNB could access vehicle database data free of charge.
New requirement: Organisations without an existing TNB protocol must sign an agreement within 2 months of the regulation's entry into force (5 May 2026). Those failing to do so will face retroactive fee calculations by TNB based on recorded usage.
Entry into force: 5 May 2026 (Official Gazette No. 33244)
Who is affected: Insurance companies, banks, enforcement offices and any institution making frequent vehicle queries will face increased costs. Law firms that order vehicle queries on behalf of clients should factor this new fee structure into their workflows.
New Four-Level Nursing Home Regulation for the Elderly
A new regulation on residential care facilities and elderly care and rehabilitation centres under the Ministry of Family and Social Services entered into force when published in the Official Gazette on 6 May 2026 (No. 33245).
Scope: Services provided to individuals aged 70 and over, and those aged 60 and over with documented dependency or rehabilitation needs.
New service levels:
- Levels 1–2: Nursing home services for independent elderly residents
- Level 3: Professional care units for dependent elderly (three sub-categories by functional capacity)
- Level 4: Advanced intensive care units
The regulation makes individual care plans mandatory for every resident and requires facilities to employ physicians, nurses, social workers and psychologists. A specific provision on compliance with the Personal Data Protection Law (KVKK, Law No. 6698) was also added.
Lawyers handling guardianship orders, care facility contract disputes or medical negligence claims involving elderly residents will find this regulation to be the primary reference text going forward.
Nuclear Facilities Must Now Have Annual Cybersecurity Plans
The Regulation on Cybersecurity at Nuclear Facilities entered into force on 5 May 2026 (Official Gazette No. 33244).
Previous position: No dedicated legal framework existed for cybersecurity at nuclear installations in Turkey.
New obligations:
- Primary responsibility for cybersecurity rests with the organisation that constructs, operates or decommissions the facility
- A cybersecurity plan must be prepared and submitted to the Nuclear Regulatory Authority
- The plan must be reviewed at least once a year and updated whenever there is a change in risk profile, organisational structure, or the threat-based design document
Entry into force: 5 May 2026 (Official Gazette No. 33244)
This regulation directly intersects with the construction and commissioning of the Akkuyu Nuclear Power Plant. The threat of cyber attacks on critical infrastructure is a growing focus of international nuclear safety standards.
Senior Appointments at TÜİK, SPK, Forensic Medicine Institute and Central Bank
Presidential decrees published in the Official Gazette effected the following senior appointments:
- Turkish Statistical Institute (TÜİK) Presidency: Mehmet Arabacı
- Capital Markets Board (SPK) Presidency: Mahmut Sütçü
- Council of Forensic Medicine Presidency: Hızır Aslıyüksek
- Central Bank Deputy Governorship: Yusuf Emre Akgündüz
The TÜİK appointment is of relevance to legal disputes that rely on official statistics — including inflation-linked rent increase calculations and compensation claims. The Forensic Medicine Institute appointment matters to criminal practitioners: the Institute's capacity and priorities under new leadership may influence the pace and content of expert reports in medically complex criminal cases.
Parliament
SGK Debt Instalment Period to Double from 36 to 72 Months
Labour and Social Security Minister Vedat Işıkhan announced that a bill submitted to Parliament would extend the maximum instalment and deferment period for SGK (Social Security Institution) debts from 36 months to 72 months.
Current position: The maximum restructuring period for SGK premium debts stands at 36 months (3 years) — insufficient for companies carrying large liabilities.
Proposed change: A 72-month (6-year) repayment plan would give debt-laden businesses significantly more breathing room.
For employment lawyers and insolvency practitioners advising clients facing SGK enforcement proceedings, this extension — once enacted — could be used to stay enforcement and preserve business continuity while structured repayments are made.
Manufacturers May Get 12.5% Corporate Tax Rate Under Pending Bill
An amendment proposed to the Parliamentary Budget and Planning Committee inserted a new provision into the omnibus bill known as the "Foreign Investors Law": manufacturers' income derived from production activities would be taxed at a corporate tax rate of 12.5%.
Current position: The standard corporate income tax rate in Turkey is 25%. Various exemptions and incentives exist, but no specific reduced rate for the manufacturing sector had previously been legislated.
Practical impact: For eligible manufacturers this represents a roughly 50% reduction in corporate tax. Tax-planning lawyers and foreign investment advisers should monitor the bill's progress closely, as the provision has not yet been enacted.
Constitutional Court & Court Rulings
Constitutional Court Upholds Public Official Defamation Rules Without Complaint Requirement
The Constitutional Court ruled that Art. 125(3)(a) of the Turkish Penal Code (TCK) — which provides for an aggravated penalty where the offence of insult is committed against a public official in connection with their duties — and the phrase in Art. 131(1) ("except where committed against a public official in connection with their duties…") — which removes the complaint requirement for prosecution in such cases — are not unconstitutional. The challenge was dismissed.
Legal context: As a general rule, the offence of insult under Turkish law is a complaint-driven offence. The carve-out for public officials means that prosecutors may investigate and charge without any complaint by the victim. The Constitutional Court's dismissal confirms this asymmetry is constitutionally sound.
Practical significance: Statements directed at judges, prosecutors, civil servants or other public officials in connection with their functions may be prosecuted ex officio. Lawyers advising clients on freedom of expression and defamation risk must account for this confirmed rule.
Court of Cassation Grand Assembly Bars New Claims via Islah — 69 to 29
The Court of Cassation Grand Unification Assembly (YİBBGK) held that in civil proceedings, a claim that does not appear in the original statement of claim cannot be introduced — even partially — through an islah (procedural amendment). The decision was reached with 69 members voting "Cannot be Introduced" against 29 voting "Can be Introduced."
Previous state of law: A deep division existed among Court of Cassation chambers. Some chambers accepted that a wholly new claim absent from the original petition could be added by islah; others rejected this approach.
The new rule: A claim not present in the statement of claim must be pursued in a separate action and cannot be smuggled in through an islah filing.
Practical significance: Civil Procedure Code (HMK) Arts. 176–182 allow islah for corrections such as increasing the amount claimed or reclassifying the legal basis, but not for introducing entirely new claims. This Grand Assembly decision makes careful petition drafting at the outset far more critical. Lawyers filing partial claims (kısmi dava) must explicitly preserve the right to expand those claims in the original petition.
Court of Cassation HGK: Naming a Witness in the Petition Is Enough — No Separate List Required
Court of Cassation General Assembly of Civil Chambers (File No. E. 2023/2-1143, K. 2025/416, 02.07.2025): Where a petition names a witness, this satisfies the timely-notification requirement under CPC Art. 240 even if no separate formal witness list is filed. A witness statement cannot be excluded solely on the basis of a procedural formality.
Context: Some courts had been rejecting witness evidence where parties failed to submit a standalone "witness list" document, even though the witness's name appeared clearly in the petition.
Impact: The naming of a witness in the petition is legally sufficient. This ruling closes a technicality that had previously cost parties the right to call their witnesses, and provides a reliable precedent for future civil proceedings.
Court of Cassation 1st Chamber: Physician Liability for Missed Down Syndrome Diagnosis Requires Causation
Court of Cassation 1st Civil Chamber (File No. E. 2024/5979, K. 2025/3897, 02.06.2025): A physician who conducts prenatal check-ups only during weeks 9–11 of a pregnancy cannot be held liable for a missed Down syndrome diagnosis unless the required causal link is established and a breach of the duty to inform the patient is proved.
Legal context: Medical negligence (malpractis) liability in Turkish Law requires four concurrent elements: fault, damage, causation, and unlawfulness. This decision places causation — specifically, whether the missed diagnostic window could, on the balance of probabilities, have led to a correct diagnosis — at the centre of the analysis in prenatal screening cases.
Practical significance: Lawyers bringing or defending prenatal diagnosis claims must build a detailed evidentiary case on the causal question and the adequacy of informed consent documentation. A technically precise and current authority in Turkish medical law.
Court of Cassation 6th Criminal: Summary Procedure Conviction Cannot Found Recidivism
Court of Cassation 6th Criminal Chamber (File No. E. 2025/4862, K. 2025/11678, 18.12.2025): A judgment issued under the summary procedure (CMK Art. 250/A) cannot serve as the basis for recidivism (tekerrür) in subsequent proceedings.
Legal context: The summary procedure allows a conviction to be entered on the prosecutor's recommendation and the suspect's acceptance, without a full trial. Recidivism under TCK Art. 58 would otherwise permit a prior conviction to aggravate future sentencing.
Ruling: Because the accused accepted the summary procedure without presenting a defence or evidence at trial, using such a judgment to trigger recidivism penalties in later proceedings was found to be unlawful.
Practical significance: Criminal lawyers advising clients on whether to accept a summary procedure offer can now confirm that the resulting conviction will not expose the client to enhanced sentences in any future proceedings on other matters.
Court of Cassation 5th Chamber: Highest Public Interest Rate Mandatory in Unlawful Expropriation Claims
Court of Cassation 5th Civil Chamber (File No. E. 2025/10697, K. 2026/3312, 25.02.2026): In unlawful expropriation (kamulaştırmasız el atma) cases, where the claimant so requests, interest must be applied to the awarded amount at the highest rate applicable to public receivables.
Legal context: Unlawful expropriation arises where the state or a public authority takes de facto possession of private property without following the statutory procedure. Landowners sue to recover both the market value of the property and damages. The highest public receivables rate under Art. 51 of Law No. 6183 (AATUHK) frequently exceeds prevailing commercial interest rates.
Practical significance: This ruling gives landowners a more powerful financial tool when pursuing unlawful expropriation claims. In cases that have remained unresolved for years, the difference in interest accrual can be substantial. Administrative law and expropriation practitioners should reflect this precedent in both the computation of claims and the drafting of relief sought.