Crimes that prevail civil service

Civil service, which is considered extremely popular in our country, is a professional group to which citizens can only be assigned if they meet certain conditions. Its difference from other professions comes from the relationship with the state. Namely; While professions other than the civil service establish a contractual relationship between the parties, a legal relationship is established in the civil service. In other words, the basis of the civil service profession is the law.

Civil service is defined in Article 4/A of the Civil Servants Law No. 657 as follows:

Regardless of the current form of establishment, those who are assigned to perform essential and permanent public services carried out by the State and other public legal entities in accordance with general administrative principles are considered civil servants in the implementation of this Law.

Article 48 of the same law includes the conditions for becoming a civil servant. After making our explanations on a general level first, we will customize them in terms of subject heading.

WHAT ARE THE CONDITIONS TO BECOME A CIVIL SERVANT?

In the 48th article of the Civil Servants Law No. 657, the "General Conditions" to be sought for those who will be employed as civil servants are regulated in detail, while a framework for the "Special Conditions" is drawn and it is stipulated that the class to be served must have received a diploma from one of the education and training institutions specified in the 36th and 41st articles and must meet the conditions sought in the special laws and other legislation of the institutions.

Civil Service Special Conditions

To have received a diploma from one of the education and training institutions specified in Articles 36 and 41 for the class to be served,

To meet the conditions required by the institutions' special laws or other legislation.

General Conditions

1- Citizenship Condition

The first requirement required by the law is Turkish citizenship.

2- Education Requirement

According to the law, it is necessary to meet certain educational requirements in order to become a civil servant. According to Article 41 of the Law:

"Generally, those who have completed secondary school can become civil servants. If there are no secondary school graduates willing, it is also permissible to employ those who have completed primary school."

The education level must be at least secondary school graduate level. However, in some professions, a more advanced level of education is required. Because according to the Law:

In order to be appointed to certain positions in a class or to be promoted to certain positions in these positions, conditions such as higher education degrees or having completed certain faculties, schools or branches of education, or vocational or vocational training programs, or knowing a foreign language may be imposed by the establishment laws or the regulations to be issued based on this law, Presidential decrees and establishment laws, depending on the requirements of the job.

3- Age Requirement

According to Article 40 of the Civil Servants Law:

"Generally, those who are 18 years of age can become civil servants.

Those who have graduated from a vocational or art school can be appointed to civil servants, provided that they are at least 15 years old and have reached the age of majority according to Article 12 of the Turkish Civil Code."

4- Military Service Condition

To become a civil servant:

In terms of military service;

a) Not having any interest in military service,

b) Not being of military age,

c) If the person is of military age, he must have completed his active military service or been postponed or transferred to the reserve class.

"In Article 48 of Law No. 657, it is possible for those who meet one of the three conditions in subparagraph (6) of paragraph (A) to enter the civil service, in terms of their military service status. It is clear that the plaintiff, who is understood to be doing his military service within the period in which he is supposed to apply to the institution where he is placed, cannot start his duty due to his excuse arising from his military service, and therefore can only apply after completing the mentioned duty. The plaintiff is obliged to do military service. He started his duty on 17/12/2013, he applied for his appointment on 23/01/2014 with the 1st Term First Time and Re-Open Appointment Lottery of 2014, and since he was still doing his military service on the date of application, if his application for appointment is accepted by the administration, it is not possible for him to actually start his duty until 31/10/2014, which is the discharge date, and the text of the announcement based on the process is "General Principles". In paragraph (10) of the section titled: "Applications of candidates who do not meet the conditions required to be appointed as civil servants and the conditions specified in the announcement text will not be accepted; their appointments will be canceled if their applications are accepted by mistake and they are appointed by lottery." "There was no unlawfulness in the action in question regarding the plaintiff's non-appointment, and no legal accuracy was found in the Court's decision to annul the action in question." D.12.D. K. 2022/3112

5- Health Condition

In order to become a civil servant, one must not have a mental illness that prevents the continuous performance of the duty. As stated in Article 53 of the Law, this condition is not required for disabled people in this group.

6- Condition of Not Being Deprived of Public Rights

As a security measure, the measure of deprivation of the use of certain rights regulated in Article 53 of the Turkish Penal Code is an obstacle to civil service. Because this condition is also regulated in the law. According to Article 53 of the Turkish Penal Code:

(1) As a legal consequence of being sentenced to imprisonment for a crime he committed intentionally;

a) Undertaking a permanent, temporary or temporary public duty; In this context, being a member of the Grand National Assembly of Turkey or being employed in all civil servants and services subject to appointment or election given by the State, province, municipality, village or institutions and organizations under their control and supervision,

b) The capacity to vote and be elected,

c) From the right of custody; Providing a service related to guardianship or trusteeship,

d) Being a manager or auditor of foundations, associations, unions, companies, cooperatives and political parties,

e) He/she is deprived of practicing a profession or art as a freelancer or trader under his/her own responsibility, which is subject to the permission of a public institution or a professional organization in the nature of a public institution.

(2) The person cannot use these rights until the execution of the prison sentence he was sentenced to for the crime he committed is completed

The administration has been granted discretionary power over the recruitment of those whose rights have been restored to civil service. A Council of State decision on the subject is as follows:

"From the examination of the above-mentioned legislative provisions and the information and documents in the file together, it has been concluded that the deprivation of rights due to the plaintiff's said conviction has been eliminated with the decision to reinstate the illegal rights taken before the date of the establishment of the transaction in question, and therefore, since the defendant administration must make an evaluation according to the newly formed conditions within the framework of its discretion, there is no lawfulness in the action in question regarding the termination of the plaintiff's contract on the grounds that he has a conviction that prevents him from serving as a civil servant." D.12.D. 2022/2565 K.

7- Condition of Not Being Convicted of Certain Crimes

In order to be appointed as a civil servant, one must not have been punished for crimes against the security of the state, crimes against the constitutional order, as well as other crimes specified by law. In terms of our subject of examination, we will examine this condition under a separate heading and list the types of crimes one by one.

WHAT ARE THE CRIMES THAT PREVAIL OFFICER?

According to Article 48/A 5 of Law No. 657:

Even if the periods specified in Article 53 of the Turkish Penal Code have passed; Those who are convicted of crimes against the security of the state, crimes against the Constitutional order and the functioning of this order, crimes against the constitutional order and the functioning of this order, embezzlement, extortion, bribery, theft, fraud, forgery, abuse of trust, fraudulent bankruptcy, bid rigging, tampering with the performance of an act, laundering of assets arising from crime or smuggling cannot be civil servants, even if they have been sentenced to imprisonment for one year or more or pardoned for a crime committed intentionally.

We feel the need to make the following statement here:

In case of a conviction of 1 year or more, regardless of the crime, provided that it is intentional, the conditions for becoming a civil servant are deemed not to have been met. In addition, regardless of the penalty, committing the following crimes prevents civil service:

• Violating the unity and territorial integrity of the state,
• Cooperating with the enemy,
• Instigation to war against the state,
• Taking advantage to act against fundamental national interests,
• Collecting soldiers against a foreign state,
• Agreement to destroy military facilities and benefit enemy military movements,
• Material and financial aid to the enemy state,
• Violating the Constitution,
• Assassination and actual attack on the President,
• Crime against the legislature,
• Crime against the government,
• Armed rebellion against the Government of the Republic of Türkiye,
• Armed organization,
• Providing weapons,
• The crime of agreement for a crime,
• Embezzlement,
• Extortion,
• Bribery
• Theft,
• Fraud,
• Forgery,
• Abuse of trust,
• Fraudulent bankruptcy,
• Tender rigging,
• Do not interfere with the performance of the act,
• Laundering of assets resulting from crime,
• Smuggling.

WHAT ARE THE CRIMES THAT DO NOT OBSTACLE OFFICER?

Crimes committed negligently do not prevent civil service, regardless of the penalty.

Crimes requiring a prison sentence of less than 1 year do not prevent civil service. However, the crimes we have listed above, listed one by one, are outside this scope. Because, regardless of the amount of punishment received for the above crimes, those who commit these crimes cannot become civil servants.

Conviction of less than one year for different crimes does not prevent you from becoming a civil servant.

Being tried for a crime does not prevent you from becoming a civil servant. However, if the decision remains within the scope of the decision once it is finalized, an evaluation will be made.

HAGB decision is not an obstacle to becoming a civil servant.