İdari yaptırımların hukuki rejimi
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Date
2007
Authors
Karabulut, Mustafa
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Publisher
Sosyal Bilimler Enstitüsü
Abstract
Administrative sanctions are sanctions of the administration which is applied by an act on the explicit power derived from law. It is possible to apply an administrative sanction without a verdict. An administrative act is the main element of an administrative sanction. However, that one of the aim of the administrative sanction is to penalize the person who commits an administrative offence separates the administrative sanction from other administrative acts. European Court of Human Rights (The Court) consider due process of the right to a fair trial in administrative sanctions. Decisions of the Court effect the principles of administrative sanctions which the administration shall obey. Also, judicial control of them in our country are effected by the Court. So we can say that the principles of administrative and criminal law are valid in the field of administrative sanctions. But it is not correct to claim that all of the principles of criminal law are valid in this field. A system of law which includes common principles is necessary in this field. Common principles can ensure important guarantees to persons who are applied administrative sanctions. The principles are stated generally right to defense, reason, impartiality, right to apply to a court, legality, fault, individuality of penal responsibility, proportionality and ne bis in idem. Law No. 5326 of Administrative Offences Law brought a new system in this field. According to me, the most important characteristic of the Law is its impact on other laws. Because Law No. 5326 is a general law
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Keywords
İdari yaptırımlar, hukuki rejim