Property declarations are required at certain times of the year and upon taking public office. The property declaration for civil servants is an important obligation. Civil servants must complete their declarations at specified times, and failure to do so can result in penalties.
A property declaration is the presentation to authorities of lists detailing movable and immovable assets owned by an individual. In some cases, people acquire assets by improper means, resulting in unjust enrichment. When the origin of such assets cannot be explained, it raises concerns about illicit gain. For this reason, timely and accurate property declarations are essential.
Matters related to property declarations are regulated by Law No. 3628. This law defines the scope of declarations, who must file them, and which types of assets must be disclosed.
Under Law No. 3628, the following persons are required to submit property declarations:
- Public officials—that is, civil servants—and members of the Council of Ministers appointed from outside the civil service are required to file property declarations.
- Notaries are required to submit property declarations.
- Individuals serving in the general administration of the Turkish Aeronautical Association, members of its audit board, and officials working within the General Directorate of the Turkish Red Crescent Society are required to file declarations.
- Officials working for provincial special administrations, municipalities, and other institutions that provide public services—as well as public servants who are not considered workers and members of audit boards—must submit property declarations.
- Personnel working for institutions with the status of public institutions are required to declare their assets.
- Leaders of political parties must submit property declarations.
- Sworn financial advisors are required to file declarations.
The individuals listed above must submit their property declarations within the specified deadlines. Civil servants, in particular, have several important considerations when completing their declarations. Key aspects include the required submission dates, the method of submission, and the institutions to which declaration documents must be provided. Incorrect declarations or missed deadlines can cause negative consequences.
Civil servants must submit their completed property declaration forms to designated institutions. The authorities or offices that can receive property declarations include the following:
- Grand National Assembly of Turkey.
- Personnel or human resources units responsible for personnel affairs.
- Relevant ministries.
- Presidents of courts.
- Ministry of Justice.
- Authorities empowered to make appointments.
- Turkish Aeronautical Association and Turkish Red Crescent Society.
- Office of the Chief Public Prosecutor at the Court of Cassation (Yargıtay).
- Ministry of Finance and Customs.
- Ministry of Interior.
- General Directorate of Foundations.
Where applicable, officials may submit declarations to the locations designated by their institutions. Civil servants working in public institutions and organizations should submit their property declarations to the personnel affairs units within their organizations.
What Do Civil Servants Declare?
Another important aspect of property declarations is determining which assets must be reported. Civil servants must declare assets that belong to themselves, their spouses, and their children under their custody, including the following:
- Immovable property (real estate) must be declared.
- Movable assets—including cash and cash equivalents, securities, gold, livestock, household goods, and other movable property—when their value exceeds five times the family’s monthly net income; as well as debts, receivables, rights, and income streams.
Certain circumstances affect how declarations are handled. If both spouses are civil servants, each spouse must submit a separate declaration. In such cases, assets of children under custody must also be included in the declarations.
When Must Civil Servants Submit Declarations?
Timing for submitting property declarations is another crucial matter. Civil servants are required to file declarations when they enter public service, when their service ends, and whenever there is a significant change in their assets.