Administrative Fine And Appeal
What is an Administrative Fine?
Administrative fines are fines imposed by administrative institutions of the state. Some of the main institutions that can impose administrative fines are as follows:
Ministries, municipalities, police, district governorship, governorship, social security institution,
General Directorates (e.g. Directorate General of Civil Aviation).
The fines imposed by the courts are judicial fines with completely different legal consequences.
Administrative fines are fines imposed for misdemeanor acts committed by citizens. Consequently, if an administrative fine is not paid, it cannot be converted into a prison sentence. Therefore, if the administrative fine is not paid, only enforcement proceedings can be taken against the debtor for the collection of the fine. As a result of the enforcement proceedings in question, immovable property, cars or bank accounts registered in the name of the debtor are seized.
As administrative fines; traffic fines, fines imposed on the employer by the SSI, absenteeism, fines imposed in accordance with the Military Penal Code, fines imposed by the municipal council due to zoning pollution, etc. examples can be given.
How does an administrative fine differ from a judicial fine? What happens if the administrative fine is not paid?
Judicial fines are different from administrative fines and are penalties imposed only by the courts in response to a crime. Judicial fines are decided by the courts and administrative fines are decided by the administrative institutions of the state. Fines imposed by the courts are converted into imprisonment when they are not paid, while administrative fines can only be enforced by execution and seizure when they are not paid. If the administrative fine is not paid, the debtor cannot be imprisoned.
Duration of Objection to Administrative Fine
The objection period for administrative fines is generally 15 days according to Article 27 of the Misdemeanor Law No. 5326. The period of objection to the fine in question starts from the notification of the administrative fine to the person concerned, that is, from the receipt of the sanction decision regarding the fine.
When the administrative fine is sent to the citizen who is the addressee of the fine, it is necessary to specify the objection period and the objection authority. However, in practice, it is observed that fines are sometimes improperly notified to the addressees, and the objection period and the authority to be appealed are not specified. It is important that the objection period and the objection authority must be indicated in the notification. This is because some administrative institutions have an objection period separate from the general objection period of 15 days in their special laws.
According to the decisions of the Council of State, the objection period to be applied in case the objection period is not notified to the addressee in administrative proceedings is 60 days (14th Chamber of the Council of State – 2013/697 decision). It is a legal requirement that the administrative sanction decisions issued by the administrative institutions of the state indicate the court to which the administrative sanction decision will be appealed or, if any, the other administrative authority to which the administrative sanction decision will be appealed, this administrative administrative authority and the application periods, and this requirement is not at the discretion of the relevant authorities, but is a mandatory result of the binding nature of the Constitution, which is the highest legal norm.
Where to Appeal an Administrative Fine?
According to Article 27 of the Misdemeanor Law No. 5326, the place to appeal against administrative fines is the Criminal Judgeships of Peace. If another sanction is imposed along with the administrative fine, then the competent court is the Administrative Court. In such cases, a lawsuit must be filed with the Administrative Court for the annulment of the transaction. Again, if there is another administrative sanction decision other than an administrative fine, a lawsuit should also be filed before the Administrative Court.
In accordance with the provisions of special laws, it is necessary to file an annulment lawsuit to the administrative court against the fines imposed by some administrative institutions. For example, administrative fines imposed by the SSI.