Disciplinary procedures of Turkish Armed Forces personnel within the context of the Turkish Armed Forces Disciplinary Law no. 6413

The effective, rapid and orderly execution of military activities carried out by the Turkish Armed Forces against both external and internal threats is only possible with a personnel structure that has adopted discipline, a high sense of duty and responsibility. Knowing the importance of this situation, the Legislator reorganized the scattered disciplinary legislation, under the Turkish Armed Forces Disciplinary Law Number 6413, based on ensuring absolute obedience to orders and respecting the rights of superiors and subordinates. In this context, the class of military personnel covered by the Law, the actions that constitute indiscipline, and the penalties involved have been concretely defined. The disciplinary penalty of room confinement, which had certain drawbacks according to the jurisprudence of the European Court of Human Rights, has been redefined. Civil servants have been granted independence from Law No. 657 regarding disciplinary liability, and administrative sanctions and measures other than disciplinary punishment have been legally established. The regulation of the disciplinary penalty of separation from the Turkish Armed Forces and its clarification in the Law are particularly important for the protection of fundamental rights and freedoms and the implementation of the principle of lawful and orderly administration. The regulation of the disciplinary penalty of separation from the Turkish Armed Forces and the clarification of its conditions are particularly important in terms of protecting fundamental rights and freedoms and implementing the principle of legal and orderly administration. In this study, by examining the current decisions of the abolished Military Supreme Administrative Court and the Council of State, the scope and elements of indiscipline acts included in Law No. 6413 were detailed, the compatibility with the ECHR and the Constitution, which are among the sources of disciplinary law, was discussed in the context of the principle of the rule of law, the points of similarity and difference between disciplinary responsibility and judicial responsibility were emphasized, the institutions, rules, persons and disciplinary powers included in the Law were explained with a holistic approach, thus; it was aimed to provide doctrinal depth and to present a study that has a guiding feature for practice.