Administrative sanction to be applied in the terms of time
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Abstract (EN)
In time, developments in the field of social life and economy have revealed the concept of administrative sanctions. This concept, which came to the fore with the depenalization movement, essentially points to the change of legal rules over time. Administrative sanctions that have a punitive nature are called administrative punishments. Each of the administrative penalties is in the nature of an administrative act, and the administration can use this authority within the limits drawn by the law. It is inevitable that laws containing administrative offenses and punishments will change over time, just like other laws. There are various principles for the implementation of laws in terms of time. However, the principles of application in terms of time are clearly shown in the Constitution and the Turkish Penal Code for laws containing crime and punishment. The punitive nature of administrative penalties necessitates the application of basic criminal law safeguards, including the principles of timely application to administrative penalties. Therefore, core criminal law principles that affect the implementation in terms of time, such as the principle of legality, the prohibition of retrospective application, and the retroactive application of the provision in favor, are the mainstays in the application of administrative penalties in terms of time. In this context, the implementation of administrative penalties in terms of time is an issue where the concepts of administrative law and criminal law are intertwined. It is possible that an incorrect assessment to be made on this subject will cause irreparable loss of rights. This issue becomes even more important when considering the recent changes in laws and regulations and the diversity of sanctions. It is critically important in terms of implementation in terms of time; Judicial decisions have a special importance in determining and concretizing the content of the principles of determining the time when the administrative offense was committed, the prohibition of retroactive application, the principle of legality, and the retroactive application of the provision in favor. In this context, the study has been shaped within the framework of judicial decisions together with the theoretical foundations of the aforementioned principles.
Author
Fatih Bilge Fodul
How to Cite
Fatih Bilge Fodul (Master Thesis). Administrative sanction to be applied in the terms of time, 2023, Ankara University.
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