LEGAL EXAMINATION OF THE FAILURE OF THE CHOICE OF THE GENERAL MANAGER IN THE EXAMINATION OF EXPERT CORPORATE

1- In order to become a specialist sergeant, it is necessary to be willing and to have the qualifications specified in the specialist sergeant's regulation, as specified in the Specialist Officers Law No. 3269. According to Article 4 of the Specialist Private Sergeant Law No. 3269, "The positions of the expert sergeants to be recruited every year according to the expert corporal and expert sergeant cadres prepared by the Force Commands, Gendarmerie General Command and the Coast Guard Command and approved by the Ministries of National Defense or Interior, are published and announced. Those who are willing and have the qualifications specified in the regulation; (...)'' was referred to the expert sergeant's regulation.

2- In the 6th article of the expert sergeant regulation, it is stated which qualifications are sought in the specialist sergeant recruitment. These attributes are as follows:

-Being a citizen of the Republic of Turkey,

-To be at least primary school graduate or equivalent (In classes, branches and specializations that will be needed by the General Staff, those who have received a very high achievement certificate from primary school graduates can be recruited as specialist non-commissioned officers with the decisions of the General Commander of the Gendarmerie or the Coast Guard Commander. High school graduates are not required for their promotion to sergeant.)

- To have expertise in the determined place of duty,

-To prove that his health status is suitable for a specialist sergeant, with a report from military hospitals,

-To have obtained an appropriate qualification certificate for those who apply while performing their military service,

- Provided that he/she has not completed the age of twenty-five during his/her probation service or within three years from his discharge and as of the first day of January of the year in which the application is made; to apply to the units assigned for procurement by the force commands or the Gendarmerie General Command or the Coast Guard Command.

-To be willing

- To be eligible for a security investigation from those who successfully complete the basic military training, or to be eligible for a security investigation for specialist non-commissioned officers whose first appointments are made directly to the troops or troops.

-Not to be dismissed from military studentship,

- Not having been employed as an officer, non-commissioned officer, expert gendarmerie or expert non-commissioned officer in the Turkish Armed Forces,

-Moreover;

a) Even if the sentence given is postponed, if the alternative is turned into sanctions, if it is decided to postpone the announcement of the verdict or if it is pardoned; Crimes against the personality of the state and simple and qualified embezzlement, embezzlement, slander, bribery, theft, fraud, forgery, abuse of faith, perjury, perjury, felony classification, rape, molestation, kidnapping a girl, woman or man, Disgraceful or degrading crimes such as incitement to prostitution, unnatural oppression, fraudulent bankruptcy, smuggling, smuggling except for exploitation and consumption smuggling, collusion in official tenders and purchases and sales, revealing state secrets, desertion, assault on a superior or superior, insistence on disobeying orders Not to be convicted of insulting superiors, conspiracy to resist, rebellion, or the crimes set forth in Article 148 of the Military Penal Code No. 1632 dated 22/5/1930,

b) Not to be convicted of other crimes, with the exception of negligent crimes, by judicial or military courts, with a sentence of more than thirty days, which will restrict freedom,

c) Not to be sentenced to a prison sentence of six months or more due to negligent offenses.

-Security investigations of the personnel who have applied to become a specialist sergeant both during their duty as a regular officer and after their discharge and are deemed appropriate to be recruited; It is made by force commands or the Gendarmerie General Command or the Coast Guard Command. The training of those whose security investigation is not concluded during the basic military training continues. Those who have positive security investigations are started to work, and those with negative results are dismissed from the Turkish Armed Forces, Gendarmerie General Command and Coast Guard Command. Those who cast a shadow on the moral personality of the Turkish Armed Forces or who act incompatible with the honor and dignity of the military, and those who adopt illegal political, destructive, divisive ideological views with their attitudes and behaviors are not employed as specialist non-commissioned officers. For those who are deemed worthy of being an expert non-commissioned officer by the unit commands, the "specialization code number" section of the demobilization charts of at least primary school or equivalent school graduates, for those who will become expert non-commissioned officers, taking into account the qualifications in the qualification certificate (Annex-A), "Deserve to be an expert sergeant". "" is written and the relevant persons are informed before their discharge. Of these, the specialization code numbers of those who are employed in another duty other than their own class or branch are written as the number of the duty in which they actually do their regular military service.

3-Candidates who have these qualifications and are successful in the exam can also be called "Expert Erba".