| 4. In which ways is the initiative creative and innovative?
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The complaints and recommendations in this regard were assessed, a SWOT analysis was performed and the feasibility studies were started in early 2010. The legislation amendment work was started in parallel. The amended legislation was published in July 2012.
Software development started after necessary analysis and design work. As the law requires the deposit of a security of 20% of the estimated value of the asset in question to become eligible for bidding, potential bidders should be able to deposit this security online before the auction. For this purpose, an integration with Vakıfbank was created and the necessary webservice was developed. As a result, an individual who is willing to bid for an asset can connect to the bank via E-Sales Portal, deposit the security using online banking and bid for the asset. The system automatically calculates the amount of security based on the estimated value of the asset. With the exception of the highest bidder, participants who wish to abandon prior to the auction may reclaim their deposits with the same procedure. The bidders who lost the auction are reimbursed the security they have paid electronically by enforcement and bankruptcy officers.
The software development phase was completed in 2012 and the software was piloted in three enforcement and bankruptcy offices for almost two months. After a smooth piloting period, the practice was extended to all enforcement and bankruptcy offices in 2013. Also, digital cameras were distributed to all enforcement and bankruptcy offices.
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| 5. Who implemented the initiative and what is the size of the population affected by this initiative?
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The project has been developed and launched by the Head of IT Department of the Ministry of Justice; deputy heads, rapporteur judges and field experts of IT Department, enforcement and bankruptcy officers and software engineers. The integration for the deposit and reimbursement of securities was performed in cooperation with Vakıfbank. The legislation amendments were drafted by the Directorate General of Legislation Affairs of the Ministry of Justice and adopted by the Grand National Assembly of Turkey.
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| 6. How was the strategy implemented and what resources were mobilized?
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No additional budget was allocated for the implementation of the project. The project was developed together with the field experts and software developers of the IT Department of the Ministry of Justice.
The computers, servers and network infrastructure provided by UYAP, the e-justice system of Turkey, were used. Therefore, no additional technical infrastructure was required for the project. As a consequence, maximum benefit was made using minimal resources without bringing any burden on the public budget.
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| 7. Who were the stakeholders involved in the design of the initiative and in its implementation?
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1-Transparency:
This portal provides a transparent setting where auctions are open to anyone, everyone can freely bid without any concern for pressure and bid amounts are posted publicly. The project has considerably facilitated the sales process of seized property and reduced redtape. The transparency in practice is furthered by the possibility of joining the auctions online globally. The transparency of the whole sales process of seized property has improved the effectiveness and efficiency of transactions.
2) Preventing corruption:
Before this system, the sales process of seized property was challenged by several abuses and improprieties. For example, participation in auctions was low in many instances since announcements were not widely accessible, almost the same individuals joined all the auctions and these individuals prevented others from taking part. Therefore, assets were ultimately sold at prices much lower than the real value. This system has prevented abuse by ensuring participation of any willing party in the auctions.
3- Competition:
The system has put an end to unfair competition among bidders. Because, the process is transparent and competitive in that bidders cannot threaten one another at the phase of bidding or they cannot obtain insider information on the auctioned asset to gain advantage upon others. This public service is equally accessible to all citizens. This includes the disabled, elderly or challenged who normally have difficulty in access to public service. The system protects the anonymity of bidders, which prevents inappropriate influence and allows everyone to bid as they wish. This is a very enabling environment for free competition.
4- No time or space constraints:
The system which allows individuals to take part in auction irrespective of time and space is an effective, efficient, modern and service-oriented public service. Citizens do not need to go to the physical auction room and they are not bound by working hours when they wish to join an auction or offer a bid.
5- Equity:
In the system, sales take place in a transparent and competitive environment and assets find their real value or are sold at even higher prices; therefore, debtors can pay their debts in shorter times and claimants have to spend less on costs. This makes the system fair and equitable for the parties.
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| 8. What were the most successful outputs and why was the initiative effective?
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Prior to implementation of the project, necessary legal arrangements were made to urge all users to use the system. A lengthy testing stage was put in place in order to prevent potential troubles in implementation. The project was then piloted in three sites in real environment. After the law became effective, the system was launched in all enforcement and bankruptcy offices.
The Undersecretariat issued a General Instruction to all enforcement and bankruptcy offices to open bank accounts at the integrated bank in order to ensure smooth performance of transactions and prevent losses of right on the side of citizens. Furthermore, digital cameras were sent to enforcement and bankruptcy offices to take pictures of assets and upload to the system.
Enforcement and bankruptcy offices have to use the system now that the project is to implemented by the law. Therefore, the major factor ensuring implementation is the Law. The legislation process started parallel to project development. All units must implement the project. Enforcement and bankruptcy directors must carry out all enforcement proceedings in accordance with the Execution and Bankruptcy Law. When they fail to do so, citizens can appeal to Execution Courts. The decisions of enforcement courts are subject to appellate review by the Court of Cassation. Moreover, citizens who incur material and moral damages as a consequence of the misconduct of enforcement and bankruptcy officers can file an action for damages against the State. Enforcement and bankruptcy officers also have criminal liability for criminal acts and transactions. Therefore, all their transactions must be in line with the law. So, they must carry out all e-sales related transactions on time and properly at all stages. Failure to do so is subject to judicial supervision.
The UYAP IT System which has been used for all judicial and administrative transactions in the Turkish judiciary over the past five years requires keeping of all judicial data electronically. With the monitoring and statistical functionality of UYAP, it is possible to monitor all regional and national usage rates and produce numerous statistical reports in detail.
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| 9. What were the main obstacles encountered and how were they overcome?
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There were concerns about the technology literacy of people in rural areas; therefore, the legislation process was challenging. It was recommended to start from developed regions. However, this obstacle was overcome after explaining the benefits of the system in detail and its uses in solving several problems in the enforcement and bankruptcy system; a consensus was reached ultimately. Initially, the plan was to conduct all sales electronically. But it was later agreed to announce online, collect bids and auctions physically as a first stage and dematerialize the whole process after a period of implementation at a later stage against the fact that not all citizens may be capable of using technology effectively.
Another challenge was the resistance of practitioners, i.e. enforcement and bankruptcy personnel. They were worried about further increase in their already heavy workload. After the law became effective, awareness-raising meetings were organized to address these concerns. At the system improvement stage, a regular and smooth communication strategy was used to exchange with directors and personnel of enforcement and bankruptcy officers and the system was constantly refined based on their recommendations.
The work with the bank took 8 months to enable the deposit of securities online via the bank; this was necessary for bidding electronically. Ultimately, the process of security deposit and reimbursement online was set up. So, the system was developed in partnership and cooperation between the public sector, civil society and private sector from the design to implementation. Moreover, suggestions of citizens were taken into account at the development phase for enhanced user satisfaction.
The media covered the project at various levels and the system which is well received by the citizens is running smoothly.
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