Master'sOpen Access

Protection of public property in Turkish Administrative Law

2019
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Advisor: Doç. Dr. Ahmet Kürşat Ersöz

Abstract (EN)

It is an important requirement to introduce procedures for the protection of public property as intermediaries for the public service. The main purpose of this thesis is to explain the principles of the protection of public property in Turkish Administrative Law. In order to determine the scope of protection, the concept of public property was defined with the opinions of academia and case law. In addition, public property were classified according to their allocation and the basic principles regarding the regime of public goods were explained. Having determined the scope of the concept, the need to protect public property was explained in terms of public interest, continuity of public service, equality principle and public order. Then, the procedures of protection were classified and examples were given. Principles on measures which are explained as properties of public property in academia and case law and which are the determinants of regime of public property and procedures formed by measures based on protective rules have now been handled with a perspective of protection. Constitutional provisions which have a superior position in terms of normative values were covered under the title of constitutional protection. The judicial protection of public property is divided into two as civil law protection which aims to maintenance of legal status and criminal law protection which provides for the and the protection of material integrity. Finally, the of public power procedures which public legal entities have and strengthened administrative protection, was mentioned. As another reflection of the protection of public property, the maintenance and repair principles, registration and inventory system, which are the obligations of the administration, were examined. Consequently, after the compilation of the existing protection methods specific to the public property, proposals for solutions to make the protection more effective were presented. As a result, it has been observed that public property is not systematically protected and protection is weakening day by day in Turkish Administrative Law. The most urgent need for the solution of the problems is that the specific legislation on public property, which will go effect without any delay. It is anticipated that more effective protection will be provided for public property with other proposed solution methods. Key Words: Public property, protection procedures, effective protection, sanctions, deterrence.

Author

Dr. Cemil Sarı

How to Cite

Cemil Sarı (Master Thesis). Protection of public property in Turkish Administrative Law, 2019, Akdeniz University.

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