CASE FOR CASH DAMAGES

ABOUT CASH CLAIMS

1- Those who are in charge of maintaining trust and order in peace, preventing smuggling and investigating, may demand monetary compensation if they die or become disabled as a result of injury or illness they are exposed to immediately or for this reason, due to their duties or even if their duties have ended. The provisions of the Law No. 2330 on Cash Compensation and Pensions are applied to public officials who are entitled to receive assistance within the scope of Law No. 3713.

2- In the 21st article of the Anti-Terror Law No. 3713, "Public officials who are injured as the addressee of terrorist acts while performing their duties at home and abroad or even if their titles have been removed," 6462/1) (CODE 5) The provisions of the Law No. 2330 on Cash Compensation and Pensions are applied to those who became disabled, died or killed. NO: 684/1; ADDITIONAL ARTICLE ORG: 08.03.2018 RG NO: 30354 REPEAT LAW NO: 7074/1) Due to the terrorist act within the scope of subparagraphs (a), (h), (i) and (j) of the first paragraph of Article 21 Those who were injured and did not receive a pension because they were not considered disabled according to the relevant legislation, are subject to the provisions of the Regulation on the Types and Degrees of Duty Disability, which was put into effect with the Council of Ministers Decision dated 13/7/1953 and numbered 4/1053. Those whose grades are determined according to their grades will be paid a monthly salary, starting from the beginning of the month following the date of the cash compensation decision, in an amount to be found by multiplying the below-written indicator figures with the civil servant monthly coefficient based on these grades.

3- In the 1st article of the Law on Cash Compensation and Pension No. 2330, the purpose of the Law is "To maintain trust and order in peace, to prevent and investigate smuggling, and to injure those who are in charge of this duty or as a result of their service, even if their duties have ended, immediately or because of this. It is determined as the determination of the principles and methods of the pension to be paid together with the cash compensation to be paid in case they die or become disabled as a result of illness or illness, and the cash compensation to be paid in case of injury due to this reason.

4-The scope of the law in Article 2 of the same law; It includes the personnel of the Gendarmerie General Command, the General Directorate of Security and the Coast Guard Command, members of the Armed Forces (...) who are assigned to protect internal security and order or to prevent, follow up and investigate smuggling.

5- With Article 3, "From those who fall within the scope of this law; It is 100 times the highest civil servant gross salary (including the Additional indicator) to the legal heirs of the deceased, 200 times to those who are incapable of doing the necessary actions for living and can continue their life with the help and support of someone else." cash compensation shall be paid from 25% to 75% of the amount specified in subparagraph (a) to the other injured persons, and up to 20% to the injured according to the degree of disability and injury.

HOW SHOULD I FOLLOW IN ORDER TO OPEN A CASE FOR CASH DAMAGES?

1- In the event that those who are responsible for maintaining trust and order in peace, preventing smuggling and investigating, die or become disabled as a result of injury or illness they are exposed to immediately or because of their duties even if their duties have ended, according to the Administrative Judgment Procedure Law No. 2577 He has to make the necessary applications to the command he has served.

In the 10th article of the Administrative Procedure Law No. 2-2577, titled Silence of the Administrative Authorities, "1. The persons concerned may apply to the administrative authorities for an action or action that may be the subject of an administrative lawsuit against them. 2. (Amended: 10/6/1994-4001/5 art.) If no response is given within thirty days, the request is deemed to have been rejected. The persons concerned may file a lawsuit with the Council of State, administrative and tax courts, depending on the subject, within the period of filing a lawsuit as of the end of the thirty days. If the answer given by the administration is not final within the thirty-day period, the relevant answer can be considered as the rejection of the request, or he can file a lawsuit or wait for a definitive answer. In this case, the filing period will not run. However, the waiting period cannot exceed four months from the date of application. In cases where a lawsuit is not filed or the lawsuit is rejected from the deadline, if the competent administrative authorities respond after the expiry of the thirty-day period, they can file a lawsuit within sixty days from the notification of the response.

3-As you can see, in order to receive cash compensation, you must first apply to the command that you have served. If the application you have made is not answered by the command within 30 days, a lawsuit can be filed in the administrative court. If the komjtanship you have served has given you a reply within 30 days, if this reply is