International Academic Research Congress
Vergi Konulu Anayasa Mahkemesine Bireysel Başvuru Yolunda Son Durum

Yayın Yılı:
2018
Yayıncı:
Çizgi Kitapevi Yayınları
Dil:
Türkçe
Disipline:
Kültür ve Medya Çalışmaları
Konu:
Asian Cinema and TV
Özet:
Tarihsel süreç içerisinde, insanların sırf insan oldukları için bazı haklara sahip oldukları ve bu hakların korunması gerektiği tüm Dünya'da kabul görmüş bir gerçektir. İşte bu hakları koruma noktasında devlet kavramı ön plana çıkmıştır. Devlet, var oluşu gereği bazı amaçlar üstlenmiştir. Devletin asli amaçlarından biri "temel hak ve özgürlükleri" sosyal hukuk devleti ve adalet ilkeleri çerçevesinde; sosyal, siyasal ve ekonomik engelleri ortadan kaldıracak şekilde belirlemektir. Dolayısıyla bu özgürlüklerin öncelikle kamu gücü tarafından ihlal edilmesini önlemek ve oluşabilecek temel hak ve özgürlük ihlallerini ortadan kaldırmak amacıyla Anayasa Mahkemesi'ne bireysel başvuru yolu uygulaması geliştirilmiştir. Temel hak ve özgürlüklerin anayasalarda yer alması ve bu haklarla ilgili yasaların anayasaya uygunluğunun anayasa yargısı yoluyla sağlanması insan hakları bakımından önemlidir. Ayrıca temel hak ve özgürlüklerin yargısal uygulamalar ile yargı yolu öngörülmeyen veya yargı yolunun etkili olmadığı durumlar karşısında da korunmaları gerekir. İşte bu rolü üstlenmekte olan bireysel başvuru yolu, temel hak ve özgürlükleri kamu gücünün işlem, eylem ya da ihmali sebebiyle ihlal edilen bireylerin diğer başvuru yollarını tükettikten sonra başvurulan bir hak arama yoludur. Bireysel başvuru yolunun kullanabilmek için, Anayasa'da ve Avrupa İnsan Hakları Sözleşmesi ve buna ekli protokollerde ortak olarak bulunan temel hak ve özgürlüklerin kamu gücü tarafından ihlal edilmiş ve iç hukukumuzdaki diğer başvuru yollarının tüketilmiş olması gereklidir. Nitekim vergi ile ilgili konularda da bireysel başvuru yoluna gidilebilmektedir. Vergi işlemleri ve davalarında, adil yargılanma hakkı, mülkiyet hakkı, etkili başvuru hakkı, eşitlik ilkesi ve ayrımcılık yasağı, aynı suçtan iki kez yargılanmama/cezalandırılmama, suç ve cezaların kanuniliği, özel hayatın gizliliği ve konut dokunulmazlığı gibi haklarda ihlal söz konusu olabilir. 6216 sayılı kanunla 23 Eylül 2012 tarihinden yürürlüğe giren bireysel başvuru yoluna 30 Haziran 2018 tarihi itibariyle 191371 başvuru yapılmıştır. Bu başvurulardan 149613 tanesi karara bağlanmıştır. Bunlardan 2853 tanesi hakkında ihlal kararı verilmiştir. Günümüze kadar, vergilendirme ile ilgili 66 adet karar bulunmaktadır. Bazı başvurular birden fazla hak ile ilgili olmakla birlikte 33 başvuru da ihlal olduğuna yönelik karar bulunmaktadır. Kabul edilemezlik kararları ise zaman, konu, kişi bakımından yetkisizlik, açıkça dayanaktan yoksun bulunma, olağan kanun yollarının tüketilmemesi gibi sebeplere dayanılarak verilmiştir.
Anahtar Kelime (AI):

International Academic Research Congress (AI)
The Constitutional Court Of The Republic Of Lithuania, The Final Case

Yayın Yılı:
2018
Yayıncı:
Çizgi Kitapevi Yayınları
Dil:
Turkish
Disiplin:
Asian Cinema and TV
Konu:
Asian Cinema and TV
Anahtar Kelimeler:
(AI):
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