Analysis of the disciplinary Law Rules within the scope of Turkish Armed Forces Disciplinary Law No. 6413

The purposes of this study are to compile and analyze the disciplinary law rules set forth by positive regulations, jurisprudence, and doctrine; to present different views on the application of these rules; to consider the interaction of these rules with each other from a holistic perspective; to examine their visibility and deficiencies within the scope of the Turkish Armed Forces Disciplinary Law No. 6413 in comparison with similar disciplinary legislation; and, finally, to propose solutions to the identified insufficiencies. The identified rules are categorized into two different groupings: rules of principle and rules of procedure. The rules are examined from the perspectives of the legislature, judicial bodies, and administration and are classified according to their effectiveness before, during, and after the disciplinary investigation. In this context, it is concluded that although the progress made in terms of compliance with the European Convention on Human Rights compared to the period before 2013 is remarkable, the changes to be made in the Law within the scope of the rules of legality, independence of criminal procedure and disciplinary investigation, and the application of analogy will bring military disciplinary law even more in line with the ideal of the rule of law. Compared to previous studies in this field, this work represents an opportunity to assess the latest jurisprudence of the Constitutional Court and the Council of State on similar disciplinary legislation, together with the recent changes introduced into Law No. 6413.