Evaluation of article 11 of act no. 6271 on Presidential Election in Respect to right to be elected

2012 yılında kabul edilmiş olan 6271 sayılı Cumhurbaşkanı Seçimi Kanunu’nun 11. maddesi Cumhurbaşkanı adaylığının kesinleşmesi ile görevden ayrılmış sayılacak kişileri ve bu kişilerden hangilerinin seçilememeleri halinde görevlerine dönemeyeceklerini düzenlemektedir. Anayasa’nın 101. maddesinin sadece milletvekili seçilme yeterliliğine atıfta bulunması nedeniyle CBSK’nın 11. maddesinin görevden ayrılmayı düzenleyen 76. maddenin 3. fıkrasına dayanması mümkün değildir. Eğer bu fıkraya dayanıyor olsa bile fıkrada yer alan sınırlı sayıdaki listeyi fıkrayla çelişir biçimde genişletmiştir. 11. maddedeki sınırlandırmalar Anayasa’nın 67. maddesine dayanarak kanunla yapılmış olsa dahi, özel sınırlama sebeplerine dayanmaması, pratik uyuşum ilkesiyle açıklanamaması ve ölçülü olmaması nedeniyle Anayasa’ya aykırıdır. Göreve dönmeyi düzenleyen ikinci fıkra hükmü ise dar anlamda kamu görevlilerine dair hükümler içermekte, dar anlamda kamu görevlisi sayılmayan kişileri ise düzenlememektedir. Bu durumda dar anlamda kamu görevlisi olmayan kişilerin seçilememeleri durumunda görevlerine dönmesi gerekir. Hem sonraki tarihli hem de özel kanun olması nedeniyle diğer kanunlarda Cumhurbaşkanı adayı olup seçilemeyen kişilerin göreve dönmesini engelleyen hükümler 11. maddenin ikinci fıkrasıyla zımnen ilga edilmiştir. Ne var ki, Anayasa Mahkemesi ve Yüksek Seçim Kurulu’nun yerleşik içtihatları karşısında 11. maddeye karşı başvurulabilecek bir iç hukuk yolu bulunmamaktadır.Article 11 of the Act no.6271 on Presidential Election adopted in 2012 lists public servants which will be automatically resigned from their Office at the time of approval of their candidacy at presidential elections; and determines which of these can not be reinstated. Since article 101 of the Constitution does not refer to article 76 as a whole but instead to the first two paragraphs which regulate candidacy criteria for parliamentary elections, article 11 of act no.6271 cannot be based on the third paragraph. Even if the reference of article 101 is accepted to cover paragraph 3 of article 76, the list determined by the article 11 of act no.6271 contains persons that are not included in the numerus clasus list given therei n. Article 11 cannot be justified by article 67 of the Constitution since there is not any specific reasons in article 67, it does not conform to the balancing test and it is unproportional. Second paragraph of the article 11 contains regulations on reinst atement of public servants in the narrowest sense but creates a legal lacuna for the rest of the list. We propose that persons that are not public servants in the narrow sense shall be reinstated.No sponso

Continuous wavelet transform methods for the simultaneous determinations and dissolution profiles of valsartan and hydrochlorothiazide in tablets

Continuous wavelet transform (CWT) was proposed for the simultaneous determination and dissolution profiles of valsartan (VAL) and hydrochlorothiazide (HCT) in tablets, without the use of a chemical separation procedure. The CWT approach was applied to the original UV spectra and their ratio spectra in the optimal wavelength ranges. After testing several wavelet families, Mexican hat function-CWT and Daubechies7-CWT (mexh-CWT and db7-CWT, respectively) were found to be suitable for the transformation of the original UV spectra. In the following procedure, mexh-CWT and Coiflets3-CWT (coif3-CWT) were found to be appropriate for the signal analysis of ratio spectra (RS) of VAL/HCT and HCT/VAL. Calibration graphs for VAL and HCT were obtained by measuring db7-CWT and mexh-CWT amplitudes in the transformation of the original absorption spectra and RS-coif-CWT and RS-mexh-CWT amplitudes in the transformation of the ratio spectra. The validity and applicability of the proposed CWT methods were evaluated through the analysis of an independent set of synthetic binary mixtures consisting of VAL and HCT. The proposed signal processing methods were then successfully applied to the simultaneous quantitative evaluation and simultaneous dissolution profiles of the related drugs in commercial tablets, with good agreement reported for the experimental results

Non-Penetrating Wounds of the Chest

The heart may be seriously injured by compression of the chest by a steering wheel in automobile accidents or in other injuries by non-penetrating blows to the chest. These injuries vary from a simple bruise of the heart to actual laceration of heart muscle and heart valves. The changes may be identified by electrocardiograph and changes in heart rhythm. Attorneys should make certain that any injury by a blow to the chest is studied by a cardiologist, using not one but a series of electrocardiographs, as even seemingly harmless blows to the chest may result in injuries equivalent to heart attacks

Novel SNARE Complex Polymorphisms Associated with Multiple Sclerosis: Signs of Synaptopathy in Multiple Sclerosis

Background: It is well known that axonal degeneration plays a role in disability in patients with multiple sclerosis, and synaptopathy has recently become an important issue.Aims: To investigate the possible roles of selected synaptic and presynaptic membrane protein genetic polymorphisms (VAMP2, SNAP-25, synaptotagmin, and syntaxin 1A) in patients with multiple sclerosis.Study Design: Case-control study.Methods: A total of 123 patients with multiple sclerosis and 192 healthy controls were included. The functional polymorphisms of specific SNARE complex proteins (VAMP2, synaptotagmin XI, syntaxin 1A, and SNAP-25) were analyzed by polymerase chain reaction.Results: Significant differences were detected in the genotype and allele distribution of 26-bp Ins/Del polymorphisms of VAMP2 between patients with multiple sclerosis and control subjects; Del/Del genotype and Del allele of VAMP2 were more frequent in patients with multiple sclerosis (p=0.011 and p=0.004, respectively). Similarly, Ddel polymorphism of SNAP-25 gene C/C genotype (p=0.059), syntaxin 1A T/C and C/C genotypes (p=0.005), and synaptotagmin XI gene C allele (p=0.001) were observed more frequently in patients with multiple sclerosis. CC, syntaxin rs1569061 1A gene for 33-bp promoter region TC haplotypes, and synaptotagmin XI gene were found to be associated with an increased risk for multiple sclerosis (p=0.012). Similarly, GC haplotype for rs3746544 of SNAP-25 gene and rs1051312 of SNAP-25 gene were associated with an increased risk for multiple sclerosis (p=0.022).Conclusion: Genetic polymorphisms of SNARE complex proteins, which have critical roles in synaptic structure and communication, may play a role in the development of multiple sclerosis

Orthopedic Treatment of Skeletal Class III Malocclusions With Maxillary Deficiency

Objective:The purpose of this study was to compare the treatment effects of a double-plate appliance (DPA) and a double-plate appliance and facemask combination (DPA-FM) in correcting Class III malocclusions.Materials and Methods:The material consisted of lateral cephalometric radiographs of 40 children with skeletal and dental Class III malocclusion. In the first treatment group, 13 patients (mean age: 10 years 3 months) were treated with DPA. In the second treatment group, 15 patients (mean age: 10 years 9 months) were treated with DPA-FM. In the third group, 12 patients (mean age: 10 years 6 months) were observed without treatment for 9 months. Statistical evaluation was made by ANOVA, Duncan, and paired t tests.Results:The increases in SNA and ANB angles were significantly greater in the DPA-FM group than in the DPA group. The proclination of upper incisors (U1/NA) and retroclination of lower incisors (L1/NB) were significantly greater in the DPA group than in the DPA-FM group. The retroclination of lower incisors (L1/NB) in the DPA group showed a significant difference compared with the control group. The increase in ANS-Me length was significantly greater in the DPA-FM group than in the control group.Conclusion:The DPA-FM treatment was more effective in sagittal correction of the maxilla than the DPA treatment. The dental contribution to Class III treatment seemed to be greater in the DPA group, but in this group vertical skeletal changes were more satisfying

Atorvastatin pretreatment diminishes the levels of myocardial ischemia markers early after CABG operation: an observational study

<p>Abstract</p> <p>Background</p> <p>Statin pretreatment has been associated with a decrease in myocardial ischemia markers after various procedures and cardiovascular events. This study examined the potential beneficial effects of preoperative atorvastatin treatment among patients undergoing on-pump CABG operation.</p> <p>Methods</p> <p>Twenty patients that had received atorvastatin treatment for at least 15 days prior to the operation and 20 patients who had not received any antihyperlipidemic agent prior to surgery were included in this study. CK-MB and troponin I levels were measured at baseline and 24 hours after the operation. Perioperative variables were also recorded.</p> <p>Results</p> <p>Twenty-four hours after the operation, troponin I and CK-MB levels were significantly lower in the atorvastatin group: for CK-MB levels, 12.9 ± 4.3 versus 18.7 ± 7.4 ng/ml, p = 0.004; for troponin I levels, 1.7 ± 0.3 versus 2.7 ± 0.7 ng/ml, p < 0.001. In addition, atorvastatin use was associated with a decrease in the duration of ICU stay.</p> <p>Conclusions</p> <p>Preoperative atorvastatin treatment results in significant reductions in the levels of myocardial injury markers early after on-pump CABG operation, suggesting a reduction in perioperative ischemia in this group of patients. Further studies are needed to elucidate the mechanisms of these potential benefits of statin pretreatment.</p

Continuous wavelet transform methods for the simultaneous determinations and dissolution profiles of valsartan and hydrochlorothiazide in tablets

ABSTRACT Continuous wavelet transform (CWT) was proposed for the simultaneous determination and dissolution profiles of valsartan (VAL) and hydrochlorothiazide (HCT) in tablets, without the use of a chemical separation procedure. The CWT approach was applied to the original UV spectra and their ratio spectra in the optimal wavelength ranges. After testing several wavelet families, Mexican hat function-CWT and Daubechies7-CWT (mexh-CWT and db7-CWT, respectively) were found to be suitable for the transformation of the original UV spectra. In the following procedure, mexh-CWT and Coiflets3-CWT (coif3-CWT) were found to be appropriate for the signal analysis of ratio spectra (RS) of VAL/HCT and HCT/VAL. Calibration graphs for VAL and HCT were obtained by measuring db7-CWT and mexh-CWT amplitudes in the transformation of the original absorption spectra and RS-coif-CWT and RS-mexh-CWT amplitudes in the transformation of the ratio spectra. The validity and applicability of the proposed CWT methods were evaluated through the analysis of an independent set of synthetic binary mixtures consisting of VAL and HCT. The proposed signal processing methods were then successfully applied to the simultaneous quantitative evaluation and simultaneous dissolution profiles of the related drugs in commercial tablets, with good agreement reported for the experimental results

Diagnosis of comorbid migraine without aura in patients with idiopathic/genetic epilepsy based on the gray zone approach to the International Classification of Headache Disorders 3 criteria

BackgroundMigraine without aura (MwoA) is a very frequent and remarkable comorbidity in patients with idiopathic/genetic epilepsy (I/GE). Frequently in clinical practice, diagnosis of MwoA may be challenging despite the guidance of current diagnostic criteria of the International Classification of Headache Disorders 3 (ICHD-3). In this study, we aimed to disclose the diagnostic gaps in the diagnosis of comorbid MwoA, using a zone concept, in patients with I/GEs with headaches who were diagnosed by an experienced headache expert.MethodsIn this multicenter study including 809 consecutive patients with a diagnosis of I/GE with or without headache, 163 patients who were diagnosed by an experienced headache expert as having a comorbid MwoA were reevaluated. Eligible patients were divided into three subgroups, namely, full diagnosis, zone I, and zone II according to their status of fulfilling the ICHD-3 criteria. A Classification and Regression Tree (CART) analysis was performed to bring out the meaningful predictors when evaluating patients with I/GEs for MwoA comorbidity, using the variables that were significant in the univariate analysis.ResultsLonger headache duration (&lt;4 h) followed by throbbing pain, higher visual analog scale (VAS) scores, increase of pain by physical activity, nausea/vomiting, and photophobia and/or phonophobia are the main distinguishing clinical characteristics of comorbid MwoA in patients with I/GE, for being classified in the full diagnosis group. Despite being not a part of the main ICHD-3 criteria, the presence of associated symptoms mainly osmophobia and also vertigo/dizziness had the distinguishing capability of being classified into zone subgroups. The most common epilepsy syndromes fulfilling full diagnosis criteria (n = 62) in the CART analysis were 48.39% Juvenile myoclonic epilepsy followed by 25.81% epilepsy with generalized tonic-clonic seizures alone.ConclusionLonger headache duration, throbbing pain, increase of pain by physical activity, photophobia and/or phonophobia, presence of vertigo/dizziness, osmophobia, and higher VAS scores are the main supportive associated factors when applying the ICHD-3 criteria for the comorbid MwoA diagnosis in patients with I/GEs. Evaluating these characteristics could be helpful to close the diagnostic gaps in everyday clinical practice and fasten the diagnostic process of comorbid MwoA in patients with I/GEs

İnsan kaynakları yönetimi ve türk iş hukuku açısından eşit davranma ilkesi

İNSAN KAYNAKLARI YÖNETİMİ VE TÜRK İŞ HUKUKU AÇISINDAN EŞİT DAVRANMA İLKESİ Türk İş Hukuku’nda Anayasa’nın 10. maddesinin ruhuna uygun olarak 4857 sayılı İş Kanunu’nun 5, 12, 13 ve 2821 sayılı Sendikalar Kanunu’nun 31. maddesinde yer alan eşitlik kavramı, çalışma ilişkilerinde işverenin işçiler arasında ayrım yapmamasını ve onlara eşit davranmasını öngörmektedir. Dil, din, etnik köken, politik görüş gibi nedenler ve sözleşme türleri veya cinsiyet nedeniyle ayrımcılık yasakları düzenlemeye kavuşmuştur. Başka bir deyişle, işveren haklı bir neden olmadıkça, iş ilişkilerinin kurulmasında, işin sevk ve yönetiminde, çalışma koşullarının düzenlenmesinde ve iş ilişkilerinin sona ermesinde aynı durumda işçiler arasında ayrım yapamaz. Yapılan bu çalışma sonucunda, hukukumuza yeni giren bu normların uygulanmasındaki hukuki güvenliğin sağlanması normun yapısından kaynaklanan bu tip farklılıkların dikkate alınması ile mümkün olacaktır. Bu anlamda etkin İnsan Kaynakları Yönetimi uygulamalarının önemi açığa çıkmaktadır. ABSTRACT THE NON-DISCRIMINATION PRINCIPLE IN HUMAN RESOURCES MANAGEMENT AND TURKISH LABOR LAW PERSPECTIVE Under the spirit of Article 10 of Constitution, in Articles 5, 12 and 13 of the Labor Law Act No. 4857 and Article 31 of the Trade Union Law Act No. 2821, non-discrimination principle obliges an employer to treat equally among employees, the discrimination on the grounds of language, religion, ethnical origin, political opinion and so on, as well as discrimination based on sex and the nature of the employment contract are prohibited. In other words, the employer can not discriminate among the employees who are in the same position while establishing personnel relations, managing the work life, distributing the job responsibilities and especially finishing the work contract and the relationship if the employer do not have a fair and an eligible reason to do that. According to this thesis, to ensure legal security in practice, the differences resulting from the nature of the norm should be taken into consideration. Therefore, the importance of effective Human Resources Management functions come to the daylight