The administrative process of judging the civil servants in accordance to the legislation number 4483

AKKAN, Tahir Murat. The Administrative Process of Judging The Civil Servants in Accordance to The Legislation Number 4483, Master Dissertation, Ankara, 2009.Some systems about doing crime prosecution on civil sevants about the offences that they were accused with are introduced.These systems are divided under two branches: judicial assurance and administrative assurance. The Legislation Number 4483 on the Judging of the Civil Servants and Other Public Officers adopts allowence system among the assurance systems.The Legislation Number 4483, which defines the scope on the topic and persons, is adopted in principle for the purpose of being used on the committed offences due to their duties of the civil servants and public officers who are practicing their principle and continuous duties according to the general administrative foundations of the State or the corporate bodies.For the initiation of the administrative process according to the legislation number 4483, the competent authority must be informed about the offence, included in the scope of this legislation, that was committed by a civil servant or a public officer.Upon being informed about an offence which falls in the scope of this Legislation, the authority which holds the power to give allowence starts a preliminary inqury. The preliminary inquiry could be done first hand by the the authority which holds the power to give allowence, or could be done by either a few inspection personnel or by the hands of the civil servants or publicofficers who are the immediate superiors of the one being inspected. The ones who are charged with the duty of preliminary inquiry hold the authorisation of the inspectors of the ministy and the authority which gave the duty to them; they can take action according to The Legislation of Punishment Adjudication upon the matters that are not covered in the Legislation number 4483; they can take the testimonies of the inspected person and other public officers and collect all the information and documents within their scope of authority, write a report which includes their own views and present it to competent authorities. Upon their report, the competent authority decides whether to give allowence for official investigation or not. The administrative process is completed upon the announcement of their choice to the parties concerned by the competent authority.With this study, the summary of which briefly touches upon this subject, it is aimed to define how new approaches could be taken in practice towards the that took place in the legislation of punishment and the exercise of juristiction which is closely related with the administrative process.Key Words:1- The Judging Of The Civil Servants2- Preliminary Inquiry3- Competent Authority4- The Legislation of Punishment Adjudication5- Allowence of Investigation