Arslan Law Firm

By using public power, all procedures and actions of administration which has authority to make changes in their legal status without the need for will of individuals, can be judicially reviewed.

In accordance with article 125/1 of the constitution, “Recourse to judicial review shall be open against all actions and acts of the administration”.

Types of administrative cases are;

  1. Annulment actions concerning administrative acts that are brought by a person whose interest were violated by the act with the claim that the act is illegal due to a mistake made in one of the elements competence, form, reason, subject and aim,
  2. Full remedy actions brought by those whose personal rights have been directly affected by the administrative acts or actions,

iii. Actions relating to disputes arising from administrative contracts signed to carry out public services except disputes arising from conditions and contracts under which concessions are granted and for which arbitration is suggested. 

As Arslan Law Firm, we provide legal consultancy services to our clients in all kinds of relations with the administration, public service concession agreements, joint consignment agreements, farming contracts, build-operate-assign contracts and administrative service contracts.

Also, in administrative fines which against our clients, permission and permit requests and annulment actions against administrative transactions; we present our clients in full remedy actions for damages arising from administrative transactions.

Our lawyer colleagues who specialized about expropriations, confiscations without expropriating, determination of the expropriation value and lawsuit to be filed for registration on behalf of the administration are, giving professional legal service to our clients.

Tax cases occur when the legal disputes between the tax administration and taxpayers are referred to the tax court. The subject of tax cases is tax related financial liabilities such as; taxes, duties, fees, penalties which is related to these. Even though the prescription period is 5 years in tax cases, tax offices usually notify the order of payment to the taxpayers after this 5 years of prescription period and most of the notifications made by tax offices are irregular notifications. The notifications made by tax offices, which are violating the Notification Law, are irregular and do not have legal consequences.

The absence of one or more of the competence, subject, form and reason in taxation process brings out an illegal situation and a legal occurs this point.

Taxes are collected on the basis of taxpayer’s declares. Administration investigates whether this declarations are true or not with using tax inspections. After this investigations if it is realized that the paid taxes are not veridical, tax office makes assessment over tax investigation reports or tax assessment difference. On the other hand, taxpayers claim that tax assessments or tax assessment differences are not veridical. A legal disputes arises as a result of this process.