Administrative fines and the legal obstacles to implementation in the Turkish social security system

An effective social security system is needed for the equal distribution of the political good of social security guaranteed by the Turkish Constitution to all citizens. An effective system distributes social security funds, in a manner that honors human dignity and provides easy accessibility. In Turkey, there are three separate social security institutions: Bağ-Kur, SSK, and Emekli Sandığı, for the self-employed, public and private sectors employees, and civil servants, respectively. In May 2006, in order to promote a more effective social security system in Turkey, these separate systems were merged into one institution, the Sosyal Güvenlik Kurumu (Social Security Institution, SGK). However, more funds are needed to increase the quality and the coverage of the service provided by SGK, which serves nearly 85% of the entire population, according to 2014 data. One way to make more funds available to the system is by preventing unreported employment. The social security system needs to be supported with sanctions in order to decrease unreported employment. The most common sanction is a monetary fine. In the first part of my thesis, the definition and the scope of social security, its historic development, techniques and financing methods are given. In the second part of the study, the theoretical framework is presented in terms of administration, administrative sanctions, and administrative fines in Turkish social security system. In the last part of the thesis, the administrative fines, their implementation method, and the litigation and lawsuit obstacles to implementation are touched upon. Further, a number of ideas for improving the efficiency of the administrative penalty tool are evaluated. In this thesis, the literature and legislation review methods are used and no field research is conducted. KeyWords: Social Security Institution, Administrative Sanctions, Administrative Fines, Litigation against Administrative Fines.