T.C. Maliye Bakanlığı
Başhukuk Müşavirliği ve Muhakemat Genel Müdürlüğü

T.R.

MINISTRY OF FINANCE

CHIEF LEGAL ADVISORY AND 

DIRECTORATE GENERAL OF PROCEEDINGS

        Duties and competences of Chief Legal Advisory and Directorate General of Proceedings (BAHUM) were stated by provisions of the Code numbered 4353 and dated January 8, 1943 and also by the Statutory Decree dated December 14,1983 and numbered 543 about the Organization and Duties of Ministry of Finance which was changed by the Statutory Decrees numbered 178.

         As stated in the Article 1 of the above mentioned Code, duties of Ministry of Finance, BAHUM, have been carried out by Legal Advisors, Directors of Legal Affairs, Advisor Lawyers of Treasury and Lawyers of Treasury who are working under control and supervision of Chief Legal Advisor.           

         Pursuant to the Code, carrying out the services of legal advisory and juridical affairs are under responsibility of the Chief Legal Advisory and Directorate General of Proceedings. Chief Legal Advisor and Director General of Juridical Affairs and Legal Advisors, Advisor Lawyers of Treasury and Lawyers of Treasury have been representing the public institutions and establishments in general budget as counsels before every juridical, executive and administrative authorities and arbitrators. Advising and stating opinions as legal advisors on regulatory acts, agreements, protocols and code drafts, transmitting civil and criminal suits and executive transactions to the relevant juridical authorities, and making their legal proceedings and defense, after their examination made by the lawyers of Treasury of BAHUM, are carried out by legal advisors and if needed, with participation of Director General. When the activities and transactions of the administrations in general budget are the subject of litigation and related to the Treasury (for monetary cases), lawyers of Treasury are also in charge of the prosecutive and defensive obligations before State Council, Military Supreme Administrative Tribunal, Administrative and Tax Courts. In addition, on behalf of the Ministry or the departments of Ministry, BAHUM accepts the notifications sent by general and administrative courts, arbitrators, executive offices and notary publics to the Ministry or the departments of Ministry and communicate necessary notifications about the legal requirements to the relevant departments. 

         Pursuant to the Code, inspecting and supervising of activities of the organizations at center and in provinces affiliated with our department by legal advisors, directors of juridical affairs, advisor lawyers and lawyers are under responsibility of Chief Legal Advisory Office. Where the Treasury lawyers do not state positive opinion on litigation or executive proceedings because of real or legal reasons, no suit will be filed and no proceedings will be executed. In this context, in order to prevent the decrees of breach which could cause the loss of prestige of the Republic of Turkey on international platform during the trial period of the suits filed against Turkey before the European Court of Human Rights which was established on the basis of the provisions of European Human Rights Act and Juridical that was accepted by Turkey, BAHUM attends by its lawyers of Treasury to ¨friendly settlement¨ works that are being realized under coordination of the Ministry of Foreign Affairs and with participation of the representatives of other public institutions. One of the most important powers of BAHUM can be seen at friendly settlements of the disputes which are not subject to trial or execution. Within the scope of the Code, BAHUM has the power to waive the right of appeal against  the verdicts (Acquittal decrees in the criminal law) taken in lawsuits and executive proceedings and thus eliminates unnecessary time-losses in justice. BAHUM, who has a special Code numbered 4353, is a country-wide organization with a history of more than a half century is the main legal institution that defends government’s interests in Turkey.