The Offense of Unauthorized Engagement in Activities such as System Operator, Payment Institution, or Electronic Money Institution

Türkiye’s Law on Payment and Securities Settlement Systems, Payment Services, and Electronic Money Institutions No. 6493 was prepared to fill the legal gap in the fields of payment and security settlement systems, payment services, and electronic money institutions and suit the competence of the Eur...

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Main Author: Özge Ceren Yavuz Kılıç
Format: Article
Language:English
Published: Istanbul University Press 2023-03-01
Series:İstanbul Hukuk Mecmuası
Subjects:
Online Access:https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/F8A8308CFCA7449FB1809FB73AAB7B44
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author Özge Ceren Yavuz Kılıç
author_facet Özge Ceren Yavuz Kılıç
author_sort Özge Ceren Yavuz Kılıç
collection DOAJ
description Türkiye’s Law on Payment and Securities Settlement Systems, Payment Services, and Electronic Money Institutions No. 6493 was prepared to fill the legal gap in the fields of payment and security settlement systems, payment services, and electronic money institutions and suit the competence of the European Union in the relevant field and enacted on June 27, 2013 upon being published in the Official Gazette No. 28690. Law No. 6493 defines the main concepts and states the rights, obligations, and sanctions regarding the relevant topics. Also, engaging in activities such as being an unauthorized system operator, payment institution, or electronic money institution and leaving the impression of being a system operator, payment institution, or electronic money institution without proper authorization are punishable offenses according to Article 28 of this law. As such, these acts may pose a significant threat in terms of safety and stability of the financial system, thus endangering financial coordination. Such a scenario could lead to the victimization of everyone who forms society. Therefore, research on these offenses is quite important. Based on these expressed preambles, the topic of the study has been determined as the academic examination and evaluation of the crimes specified under Article 28 of Law No. 6493. In this context, the study will first state collective information about these crime types, then explain the legal value that is preserved by punishing relevant crimes and the elements of these crimes and evaluate the terms of faultiness, attempt, complicity, and concurrence in the context of relevant crimes.
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spelling doaj-art-0aaa50d1b3824c56b8354797ea985ca62025-08-20T01:51:16ZengIstanbul University Pressİstanbul Hukuk Mecmuası2667-69742023-03-0181113316310.26650/mecmua.2023.81.1.0002123456The Offense of Unauthorized Engagement in Activities such as System Operator, Payment Institution, or Electronic Money InstitutionÖzge Ceren Yavuz Kılıç0https://orcid.org/0000-0002-0139-3999Necmettin Erbakan Üniversitesi, Konya, TurkiyeTürkiye’s Law on Payment and Securities Settlement Systems, Payment Services, and Electronic Money Institutions No. 6493 was prepared to fill the legal gap in the fields of payment and security settlement systems, payment services, and electronic money institutions and suit the competence of the European Union in the relevant field and enacted on June 27, 2013 upon being published in the Official Gazette No. 28690. Law No. 6493 defines the main concepts and states the rights, obligations, and sanctions regarding the relevant topics. Also, engaging in activities such as being an unauthorized system operator, payment institution, or electronic money institution and leaving the impression of being a system operator, payment institution, or electronic money institution without proper authorization are punishable offenses according to Article 28 of this law. As such, these acts may pose a significant threat in terms of safety and stability of the financial system, thus endangering financial coordination. Such a scenario could lead to the victimization of everyone who forms society. Therefore, research on these offenses is quite important. Based on these expressed preambles, the topic of the study has been determined as the academic examination and evaluation of the crimes specified under Article 28 of Law No. 6493. In this context, the study will first state collective information about these crime types, then explain the legal value that is preserved by punishing relevant crimes and the elements of these crimes and evaluate the terms of faultiness, attempt, complicity, and concurrence in the context of relevant crimes.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/F8A8308CFCA7449FB1809FB73AAB7B44system operatorpayment institutionelectronic money institutionunauthorized engagement in an activitysanction
spellingShingle Özge Ceren Yavuz Kılıç
The Offense of Unauthorized Engagement in Activities such as System Operator, Payment Institution, or Electronic Money Institution
İstanbul Hukuk Mecmuası
system operator
payment institution
electronic money institution
unauthorized engagement in an activity
sanction
title The Offense of Unauthorized Engagement in Activities such as System Operator, Payment Institution, or Electronic Money Institution
title_full The Offense of Unauthorized Engagement in Activities such as System Operator, Payment Institution, or Electronic Money Institution
title_fullStr The Offense of Unauthorized Engagement in Activities such as System Operator, Payment Institution, or Electronic Money Institution
title_full_unstemmed The Offense of Unauthorized Engagement in Activities such as System Operator, Payment Institution, or Electronic Money Institution
title_short The Offense of Unauthorized Engagement in Activities such as System Operator, Payment Institution, or Electronic Money Institution
title_sort offense of unauthorized engagement in activities such as system operator payment institution or electronic money institution
topic system operator
payment institution
electronic money institution
unauthorized engagement in an activity
sanction
url https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/F8A8308CFCA7449FB1809FB73AAB7B44
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AT ozgecerenyavuzkılıc offenseofunauthorizedengagementinactivitiessuchassystemoperatorpaymentinstitutionorelectronicmoneyinstitution