Browsing by Author "Ulusoy, Ali"

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    Bağımsız idari otoritelerde idari usul ve yargısal denetimi
    (Sosyal Bilimler Enstitüsü, 2007) Güzel, Oğuzkan; Ulusoy, Ali; Hukuk
    The term ?independence? on IRA means not to have superior authority while being in administrative system and taking decisions independently without any influence. The necessity of making a model act to arrange number of members of the boards, nomination and time limitations of duty, determining administrative and financial independence, staff regime for having uniformity, is a truth for harmonization of IRA?s.Because of the fact that IRA?s decisions have much importance for public benefits and have effects on private interest, especially in economic regulation?s era, necessity of adhesion of individuals in administrative decisions process and respect to rights of defenses had been added in APA. Use of the principle of ?separation of powers? was brought to administrative agencies as much as possible for having more impartial decisions. Also in the historical perspective, an administrative process which is more effective and respectful to individual rights had been established by amendment of acts with some principles such as, ?paperwork reduction?, ?freedom of information? and ?government in sunshine?,? transparency and openness?. The same ?separation of powers? principles on IRA?s decision process must be added into proposed Turkish uniform IRA?s act.In the judicial review of IRA?s decision, judiciary generally has a policy of ?maximum review? on administrative process, ?minimum review? on facts and conclusions. In Turkey, the ?Council of State? has shown how the judiciary can be effective on judicial review of administrative process by its decisions which have been taken as an artist regarding to decisions of Turkish Competition Authority which is an example of IRA. Problems of implementation which arise after judiciary review would be solved by amendments of the laws. The best solution for IRA?s administrative decisions process is to add a reform of amendment about uniform administrative process on proposed uniform IRA?s act.
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    Bilgi edinme hakkı ve Türkiye uygulaması
    (Sosyal Bilimler Enstitüsü, 2008) Güni, Yusuf; Ulusoy, Ali; Hukuk
    With this study, from the different dimensions, it has been tried to analyse the obtain information rights, which is the main requirement of democratic, transparent and explicable management. In this sense, in the first part it has been tried to draw the conceptual frame of obtain information rights; because of being a right it has been analysed from the dimension of human right, and from the aspect of comperative law the applications of the other countries, except Turkey, about the knowledge acquiring has been analysed and the first part has ended by this.In the second part of the study, it has been analysed the development and arrangement of obtain information rights, in this sense, by relying on the 4982 numbered obtain information rights law, it has been highlightened the problemeatic areas in applying this law. So, the relationship between managerial method and obtain information rights, limitations which exist in the law and judgmental controlling subjects have been tried to analyse by the means of Knowledge Acquiring Evalation Board and verdicts; and from the aspect of getting the aims, some solution proposals for the necessities that should be done have been tried to be made.
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    Danıştay kararları ışığında Türk idari yargısının manevi tazminata yaklaşımı
    (Sosyal Bilimler Enstitüsü, 2021) Kılıç, Hilal Tuğçe; Ulusoy, Ali; Other
    Being a corollary and necessity of the state of law, the civil liability of administration signifies a fiscal responsibility and means compensation of damages caused by the actions and procedures of the administration by transaction of certain assets of its own to the injured party within the framework of principles and rules of public law. Within this scope, the administration is liable for compensation of pecuniary and non-pecuniary damages caused by decease, corporal damage and attack on personal rights. The fact that the non-pecuniary compensation to be paid for non-pecuniary damage is assessed by judge/court at both ordinary justice and administrative justice organs renders it closely related to notions and institutions such as principles state of law (equality before judiciary, justice and equity), fundamental rights and freedoms, particularly right to a fair trial and right of property; confidence in judiciary and rule of law. In its decisions concerning disputes related to neglect of duty, the Council of State specifies that non-pecuniary compensation should inseparably include and observe the following three elements which are adequacy in terms of relieving albeit partially the pain and sorrow of the injured party; being able to expose the graveness of defect of administration in the case and not giving rise to unjust enrichment. The Council of State describes non-pecuniary compensation as a means of moral satisfaction of the person whose moral values and joy of life decreased, not as a means of compensation of the decline in the assets of the related person. Besides the basic elements of non-pecuniary compensation such as defect and damage some other elements related to procedure affect the amount of non-pecuniary compensation to be paid.
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    Enerji Piyasası Düzenleme Kurumu'nun denetim ve yaptırım uygulama yetkileri
    (Sosyal Bilimler Enstitüsü, 2008) Ayaydın, Dilhun; Ulusoy, Ali; Hukuk
    This thesis covers the Energy Market Regulatory Authority?s powers of supervision and imposition of sanctions. It has been explained how the related markets works in the context of basic legislation regulating the electricity, natural gas, petroleum and LPG markets. The execution of supervision functions in markets by the Authority and as a result of this; how the Authority executes its sanction power has been discussed.While discussing the powers of supervision and imposition of sanctions, concepts and subjects like independent administrative authorities have been analyzed together with the subject of the thesis. Energy Market Regulatory Authority?s powers of supervision and imposition of sanctions have been studied within the context of basic principles of administrative law. In this context, the administration?s internal auditing and activities relevant to the powers of supervision and imposition of sanctions has been analyzed. The place of the Authority?s powers of supervision and imposition of sanctions in the area of administrative law has been determined. Following the evaluations pertinent to the subject, it has been concluded with the section of conclusion.