WHAT IS AN ADMINISTRATIVE FINE?
An administrative fine is a fine imposed by administrative agencies of the state. Some of the main institutions that can issue administrative fines are as follows:
Ministries, municipalities, security, prefectural administration, governorship, social security institution,
General Directorates (For example, the General Directorate of Civil Aviation).
Fines issued by the courts, on the other hand, are penalties of the nature of Judicial Fines, the legal consequences of which are completely different.
Administrative fines are penalties imposed against actions of a citizen of a misdemeanor nature that he has committed. As such, if an administrative fine is not paid, it will not be converted into a prison sentence. Therefore, in case of non-payment of an administrative fine, only enforcement actions can be taken against the debtor person for the collection of the fine. As a result of this enforcement proceedings, real estate registered in the name of the debtor and car or bank accounts are foreclosed on.
Administrative fines, traffic fines, SSI be approved by the employer, polling leakage, pollution due to zoning law military criminal penalties, issued by the Municipal Council, fines, etc are examples of.
WHAT IS THE DIFFERENCE BETWEEN AN ADMINISTRATIVE FINE AND A JUDICIAL FINE? WHAT HAPPENS IF AN ADMINISTRATIVE FINE IS NOT PAID?
A judicial fine is different from an administrative fine and is only penalties imposed by the courts as a response to an offense. The judicial fine is decided by the courts, the administrative fine is decided by the administrative institutions of the state. Fines issued by the courts are converted into prison sentences when they are not paid, and only enforcement-foreclosure actions can be performed when administrative fines are not paid. There can be no such situation as the fact that the debtor goes to prison when the administrative fine is not paid.
THE PERIOD OF APPEAL OF AN ADMINISTRATIVE FINE
The period for appealing an administrative fine is defined in Article 27 of the Code of Misdemeanors No. 5326 in general. according to the article, it is 15 days. The duration of the appeal against the punishment in question starts from the notification of the administrative fine to the person concerned, that is, from the moment the sanction decision on the fine reaches the person’s hands.
When an administrative fine is sent to a citizen who is the addressee of the punishment, the duration of the appeal against this punishment and the appeal authority must be specified. But in practice, from time to time it seems that fines are irregularly communicated to their interlocutors, the duration of the appeal and the authority to be appealed are not specified. It is important that the duration of the appeal and its authority must be indicated in the notification. Because in the special laws of some administrative institutions, there is a separate appeal period separate from the general appeal period of 15 days.
According to the decisions of the Council of State, if the appeal period is not notified to the addressee in administrative proceedings, the appeal period to be applied for is 60 days (Council of State 14. Department – decision of 2013/697). Administrative sanctions organized by the decision of the state administrative agencies administrative sanction against the decision of the administrative authority that will be contested, which is to go to court or any other administrative authorities and the applicant’s demonstration of the time it is a legal requirement, this requirement is at the discretion of the relevant authorities, but not an obligatory consequence of Binding of the Constitution is the highest legal norm.
WHERE TO APPEAL AN ADMINISTRATIVE FINE?
27 of the Code of Misdemeanors No. 5326. according to the article, the place to appeal against administrative fines is the Magistrates’ Court. If, along with an administrative fine, another sanction decision has also been made, the court in charge in this case is the Administrative Court. In such cases, it is necessary to file a lawsuit with the administrative court for the cancellation of the transaction. Again, if there is another administrative sanction decision issued alone other than an administrative fine, a lawsuit should be filed in the Administrative Court for this again.
According to the provisions of the special laws against penalties imposed by some administrative institutions, it is necessary to file a cancellation case with the administrative court. For example, administrative fines imposed by the SSI.
