Duties of the Directorate of Enforcement Offices

Duties of the Enforcement Offices Directorate – İzmir Lawyer

Published in the Official Gazette on November 8, 2022.“Regulation on the Establishment and Duties of Enforcement Offices and Their Working Procedures and Principles”The regulation, prepared based on the Enforcement and Bankruptcy Law No. 2004, established the institution and duties of the Enforcement Offices Directorate.

Establishment and Jurisdiction of the Enforcement Offices Directorate

Article 4 of the regulation stipulates that in provinces where the annual number of incoming files exceeds one hundred thousand, one or more enforcement office directorates may be established under the Enforcement Affairs Directorate, upon the proposal of the Enforcement Affairs Directorate and with the approval of the Minister of Justice, with their jurisdiction also determined.

How are the Head and Deputy Head of Enforcement Offices Appointed?

Also, within the scope of the regulations, in order to be appointed to the position of Head of Enforcement Offices;

• Becoming a judge or public prosecutor in the judicial system,
• First class for presidents, and assignment to first class for deputy heads of executive departments,
• The consent of the relevant candidates,
• An appointment decision from the ministry is required.

It has been stated that, in cases where there are no provisions in the Enforcement and Bankruptcy Law regarding the heads and deputy heads of enforcement offices, the provisions of the Judges and Prosecutors Law concerning judges working in the central organization of the Ministry shall apply.

What are the responsibilities of the Enforcement Offices Directorate?

Article 7 of the regulation outlines the duties of the heads of enforcement offices, which are as follows:

• To keep enforcement and bankruptcy offices under constant supervision and control.
• To handle the administrative affairs of enforcement and bankruptcy offices.
• To ensure that enforcement and bankruptcy offices operate efficiently, harmoniously, and in an orderly manner.
• To supervise the office.
• To take necessary measures to correct and prevent the recurrence of deficiencies, errors, and incorrect practices identified in audit reports prepared by justice inspectors and public prosecutors as a result of audits conducted in enforcement and bankruptcy offices.
• To approve the division of labor among enforcement and bankruptcy offices.
• To propose to the Presidency the opening or closing of an enforcement and bankruptcy office, or the consolidation of enforcement and bankruptcy cases into a single office.
• In localities where there is no bankruptcy office, to identify the enforcement office that will handle bankruptcy cases when needed and submit it to the Presidency for approval.
• To ensure the equal and fair distribution of enforcement and bankruptcy cases among the offices, to improve quality, and to create an effective, fast, and efficient work environment, the offices are responsible for implementing the distribution criteria determined by the Ministry and submitting their recommendations regarding these criteria to the Presidency.
• In locations where there is more than one enforcement and bankruptcy office, the decision on which office the enforcement personnel and other staff will work in must be made, and inter-office assignments exceeding one month must be reported to the Presidency within seven days of the decision date.
• To decide who will act as deputy for the enforcement directorate from the same locality in case the chief enforcement director and the enforcement director are unable to perform their duties for any reason, and to notify the Presidency within seven days of the date of the decision.
• In cases where there is no enforcement director, deputy enforcement director, or enforcement clerk in the enforcement and bankruptcy offices, temporary appointments shall be made from among the enforcement clerks within the jurisdiction, and the Presidency shall be notified within seven days of the decision.
• To determine which office other personnel assigned to work in enforcement and bankruptcy offices will serve in.
• To evaluate and process the annual leave requests of the chief director of the enforcement and bankruptcy office, or the enforcement director in places where there is no chief director, as well as the requests for excused leave of all enforcement personnel in accordance with Article 104, paragraph (C) of the Civil Servants Law.
• To examine whether the sick leave reports of enforcement personnel comply with the provisions of the Regulation on Procedures and Principles Regarding Sick Leave Reports and Sick and Companion Leave to be Granted to Civil Servants, and to take necessary actions and procedures regarding this matter.
• To carry out the necessary tasks and procedures regarding the probationary training and appointment to permanent civil service positions of candidate civil servants appointed by the Ministry upon the proposal of the Presidency.
• To sign contracts with personnel employed under Article 4, paragraph (B) of the Civil Servants Law, in accordance with the Principles Regarding the Employment of Contract Personnel, and to submit proposals for the termination or non-renewal of these contracts.
• To improve the effectiveness and efficiency of enforcement and bankruptcy offices, an activity report is prepared and submitted to the Presidency every January and July.
• To inspect licensed custodian warehouses in accordance with the provisions of the Licensed Custodian Warehouses Regulation.
• To perform other duties assigned by the ministry.
• To perform other duties arising from legislation.

What are the duties of the Head of Enforcement Offices?

The duties of the head of the enforcement offices are specified in Article 8 of the regulation and are as follows:

• To manage and represent the heads of enforcement offices.
• To provide permanent supervision and control of enforcement and bankruptcy offices.
• To handle the administrative affairs of enforcement and bankruptcy offices.
• To ensure the harmonious, efficient, and orderly functioning of enforcement and bankruptcy offices, and to take the necessary measures in this regard.
• To ensure coordination and planning between enforcement and bankruptcy offices.
• To carry out or ensure the carrying out of the tasks and procedures related to the matters regulated in Article 7 by the enforcement offices.
• To divide the workload of the enforcement offices.
• To ensure the office operates in a harmonious, efficient, and organized manner.
• To ensure accurate and reliable forensic statistics, the system must be equipped with and monitored to ensure that data is entered correctly, completely, and on time.
• To perform other duties assigned by the ministry.
• To perform other duties arising from legislation.

How is the Enforcement Offices Directorate audited?

The Directorate of Enforcement Offices is subject to audits by inspectors from the Ministry of Justice.

How are Enforcement and Bankruptcy Offices Supervised?

The regulation stipulates that enforcement and bankruptcy offices are under the constant supervision and control of the enforcement office directorates. The enforcement office directorates can perform their duties both physically and through the UYAP system.

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Here are some similar works that might interest you:;

Address: Nergis Neighborhood, Girne Boulevard No: 83, Floor 2, Apartment 2, Karşıyaka, İzmir

E-mail: info@efeshukuk.com

Phone: +90 534 415 52 56