Military Penal Code Published in the Official Gazette

Military Penal Code Published in the Official Gazette
Military Penal Code Published in the Official Gazette

The 'Law on the Amendment of the Military Penal Code and Some Laws', which includes the regulation regarding paid military service, was published in the Official Gazette and entered into force.

According to this, obligatory persons who are absent from attendance, concealed or otherwise and cannot benefit from paid military service will be able to benefit from this service.

Here is the full resolution published in the Official Gazette:

“ARTICLE 1- The following paragraph has been added to the additional article 22 of the Military Penal Code dated 5/1930/1632 and numbered 15, following the eighth paragraph.

“The statement of the person concerned is not taken in compulsory situations, such as desertion and violation of permission, which make it impossible to take a statement due to the inability to find the person on whom a preliminary investigation has been made.”

ARTICLE 2- The following sentence has been added to Article 4 of the Turkish Armed Forces Internal Service Law dated 1/1961/211 and numbered 42.

“However, the obligated non-commissioned officers and privates who are assigned to use military vehicles are not liable for compensation for the damage caused by the use of the vehicle, unless they are convicted of damaging the war material due to a vehicle accident due to intent or gross negligence.”

ARTICLE 3- The following sentence has been added to the subparagraph (h) of the first paragraph of Article 27 of the Turkish Armed Forces Personnel Law dated 7/1967/926 and numbered 49, following the first sentence.

"The age limit of the Chief of the General Staff may be extended by the President for a period of one year, up to the age of 72."

ARTICLE 4- The phrase “in the table no. Annex-VIII” in the clause (b) of the first paragraph of the article 926 of the Law No. 93 has been changed as “in the tables numbered Annex-VIII/A and Annex-VIII/C” The phrase "in Annex-VIII numbered table" has been changed to "Annex-VIII/A and Annex-VIII/C tables".

ARTICLE 5- The first sentence of the fourth paragraph of Article 926 of the Law No. 109 has been repealed.

ARTICLE 6- In the first paragraph of subparagraph (c) of the fourth paragraph of Article 926 of the Law No. 137, the phrase "Annex-VIII No. The phrase "and rank ranks" has been added after the phrase "later ranks", the third paragraph has been changed as follows and the following paragraph has been added to me.

“The graduates of non-commissioned officer vocational school and those who have completed their own or on behalf of the Ministry of National Defense and succeeded in basic military training by completing the faculty, college or vocational high school and were assigned to the sergeant position, can be admitted to the initial stages according to the tables numbered Annex-VIII/A and Annex-VIII/C. They start their duty from the second level of the 9th degree by adding a level. If they have completed undergraduate completion training or have completed a faculty or higher school for at least four years or more while they are on duty, they will be adjusted by adding two levels to their degrees and levels on the date of application, by submitting the official document showing their graduation. More than one faculty or college education is not taken into account. The first ranks of the next ranks and rank ranks of the non-commissioned officers who are adjusted in this way are as much as the amount of rank given through the adjustment.

"Those who are in the third level of their salary degrees among the non-commissioned officers who are in higher education adjustment, although they are not during rank promotion or rank promotion, are promoted to the first level of the next higher salary degree."

ARTICLE 7- The following provisional article has been added to the Law No. 926.

“PROVISIONAL ARTICLE 49- One grade is added to the rank and rank of non-commissioned officers who have completed their higher education for at least two years or more on the effective date of this article.

For those who have graduated from high school and its equivalent, and who have completed at least two years of higher education after the effective date of this article, their adjustment is made by adding one level to the degree and level they are in.

In this context, the first ranks of the next ranks and rank ranks of the non-commissioned officers who are given an additional rank are as high as the amount of additional rank given.

The first paragraph of this article is also applied to non-commissioned officers who have completed at least two years or more of higher education, on the basis of their educational status at the date of their retirement, and those who receive retirement, ordinary disability or duty disability pension, and widow and orphan's pension through these duties.

Adjustment and related payments to be made pursuant to this article are finalized within three months. In this context, the amount of difference in employee and employer shares in pension deductions or corporate provision or insurance premium (including universal health insurance premium); payment to the Social Security Institution by the relevant institutions within three months from the effective date of this article, without any delay penalty, delay increase or interest.

Those who are in the third level of their salary degrees at the date of entry into force of this article, can be transferred to the first level of the next higher salary level with the adjustments made within the scope of the article; Those who are in the third rank of the first degree are promoted to the fourth rank of the first degree.

No retroactive payment will be made due to the implementation of this article.

ARTICLE 8- The following sentence has been added to paragraph (6) of article 1/C of the Administrative Judgment Procedure Law dated 1982/2577/20 and numbered 1.

“The administrative court of the place where the regional administrative court of the place of duty is affiliated in terms of administrative jurisdiction is authorized for the resolution of these disputes.”

ARTICLE 9- The name of the Law on the Establishment and Operation of Revolving Funds in the Ministry of National Defense, Institutions Affiliated to the Land, Naval and Air Force Commands, and Military Hospitals, dated 10/6/1985 and numbered 3225, has been changed to "The Law on Revolving Funds of the Ministry of National Defense".

ARTICLE 10- The phrase "capacity and the capacity in military hospitals" in the first paragraph of Article 3225 of the Law No. 1 has been changed to "capacities".

ARTICLE 11- Article 3225 of the Law No. 2 has been amended as follows.

“ARTICLE 2- The institution mentioned in this Law; General Directorate of Maps, Department of Navigation, Hydrography and Oceanography, Personnel Supply Department, Department of Archives and Military History, and those operating in hospitals, factories, shipyards, workshops, sewing shops, supply and maintenance centers, printing houses, laboratories, museums, military bands and bands. and military establishments such as schools and universities.

ARTICLE 12- Article 3225 of the Law No. 3 has been amended as follows.

“ARTICLE 3- A total of one hundred million Turkish liras of capital has been allocated to businesses covered by this Law.

The amount of capital allocated can be increased up to five times by the decision of the President.

The allocation of the revolving fund to the enterprises and the reduction or increase of the allocated amounts are made by the Ministry of National Defense.

ARTICLE 13- The following paragraph has been added to Article 3225 of the Law No. 10.

“Not exceeding the amount to be found by multiplying the (750) indicator and the maximum (12.000) indicator per month with the civil servant monthly coefficient for the personnel of other public institutions and organizations serving in the commissions established for personnel and military student recruitment activities carried out by the Ministry of National Defense. Fees may be paid from the revolving fund incomes. The fee payable is not subject to any tax or deduction, except for stamp duty.”

ARTICLE 14- The following additional article has been added to the Law No. 3225.

“ADDITIONAL ARTICLE 2- About the deductions to be made from the revenues of the National Defense University Revolving Fund, the taxes to be collected, the distribution and allocation of the revenues, and the payments to be made from these revenues to the academic administrators and general secretary of the University, including the rector, and to civil and military academic staff, (c) and (h) ) clauses, the provisions of Article 4 of the Higher Education Law dated 11/1981/2547 and numbered 58 are applied.

In the determination of the additional payment base according to Article 27 of the Law No. 7, those who receive their pensions in accordance with the Turkish Armed Forces Personnel Law No. 1967 dated 926/2547/58, the civilians of the same academic title and degree who receive their pensions according to the Higher Education Personnel Law No. 11 of 10/1983/2914. The financial rights of the instructors are taken into consideration.

The net amount of the payment to be made according to the second sentence of the first paragraph of Article 9 of the Law No. 11 dated 2016/6756/8 is deducted from the net payment amount to be made for the same month in accordance with this article.”

ARTICLE 15- The following provisional article has been added to the Law No. 3225.

“PROVISIONAL ARTICLE 2- The capital amount increased to one hundred million Turkish liras shall be covered by the profits to be obtained from the operation of the existing capital.”

ARTICLE 16- The following provisional article has been added to the Specialist Private Law No. 18 dated 3/1986/3269.

“PROVISIONAL ARTICLE 6- While having the necessary application conditions to pass from specialist sergeant to non-commissioned officer in accordance with subparagraph (a) of the first paragraph of Article 15 of this Law, due to operational or overseas operational duties carried out in the period from 1/1/2019 to the effective date of this article. Those who are willing to make an application or attend the selection exam; Provided that they meet the other conditions specified in the same clause, excluding the service year, they can use their right to take the exam, starting with the first selection exam to be held after the end of the right to take the exam, and after the effective date of this article, for those who still have the right to take the exam, and not exceeding the period of time they cannot take the exam.

ARTICLE 17- In the first paragraph of Article 25 of the Recruitment Law dated 6/2019/7179 and numbered 9, the phrase "and suitable for military service" is followed by the phrase "willing to serve", and the phrase "valid on the day the payment is made" comes after the phrase "240.000 indicator number" was added, the third sentence of the second paragraph was repealed, the last sentence of the second paragraph and the sixth paragraph of the article were amended as follows, the following paragraph was added to the article to come after the sixth paragraph and the other paragraph was continued accordingly.

“Those who gain the right to benefit from military service after the election but give up, are not given a new right.”

“(6) From paid military service;

a) Those who have started their actual military service,

b) Among those who are absent from the attendance, hidden or other until the application date, those who apply for military service with payment but give up before the election, or those who do not make their payments within two months from the date of application,

They can't take advantage of it."

“(7) An additional fee is charged in addition to the amount in the first paragraph of this article, for each month of the period from the date of absenteeism, concealed or neglected to the date of application, for those who are absent, hidden or otherwise, until the date of application. The additional fee is calculated by multiplying the indicator figure of 3.500 with the monthly coefficient of the civil servant valid on the day the payment is made, and each month of the total period of absentee attendance, hidden and remaining time excluding valid excuses. In the calculation of the period based on the additional fee specified in this paragraph, 1 to 30 days are considered a month. Days exceeding one month are calculated by adding them to the following month.

ARTICLE 18- The following provisional article has been added to the Law No. 7179.

“The procedures and principles regarding the counting of those who are excluded from the scope of military service in foreign currency pursuant to the abolished Law No. 1111, have done their military service.

PROVISIONAL ARTICLE 2- (1) Among those excluded from the scope of military service with foreign currency in accordance with the repealed Law No. 1111; Those who are excluded from the scope of military service in foreign currency because they have not paid the foreign country money they have to pay or have been in the country for a total of 184 days or more in any calendar year, should apply to the foreign representative offices or military branches by themselves, their proxies or guardians until 31/12/2025. and the amount to be found by multiplying the indicator number of 40.000 with the monthly coefficient of civil servants, in case of additional payments within 10 working days from the date of application in Euros or equivalent foreign currency, according to the foreign exchange buying rate determined by the Central Bank of the Republic of Turkey;

a) Those whose amount of foreign currency they have paid in advance is less than the amount stipulated in the first paragraph of Article 39 on the application date, shall be deemed to have fulfilled their military service if they pay the missing amount within 10 working days from the application date.

b) If the amount of foreign currency they have paid in advance is equal to or more than the amount stipulated in the first paragraph of Article 39 on the application date, they are deemed to have fulfilled their military service. However, the foreign currency paid by them is not refunded.

(2) Foreign currency payments to be made under this article; Foreign representative offices abroad are collected by the Central Bank of the Republic of Turkey within the scope of the provisions of the seventh and eighth paragraphs of the article 39 and recorded as revenue in the budget.”

ARTICLE 19- This Law enters into force on the date of its publication.

ARTICLE 20- The President of the Republic executes the provisions of this Law.”

Günceleme: 13/07/2022 12:36

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