The discussion of official competent system that is authoritative to permit the investigation in the Law about trials of officials and other civil servants numbered 4483

Today, given the understanding of democratic legal state in which the principle ofseparation of powers is adopted, the operations and activities of officials cannot be consideredto be out judicial control. In spite of this fact, in judging officials and the other civil sevants,unlike the current judging, with the effects of historical development, the different judicialproceeding and investigaion have been in force. In the justifying the regulation, it is statedlike this: To make sure that the state should carry on its primary tasks regularly, to remove theshortcomings which prevent public services and to maintain the services the officials conduct.In Turkish Legal System, the trials of officials who misconduct are subjected toprivate provision. The fırst legal regulation about this issue is ?The Regulaton About Trials ofOfficials ?- Memurin Muhakematına Dair Nizamname, that was put into effect in 1872.afterward, this regulation was subsituted by ?Provisional Rues About Trials of Officials?-Memurin Muhakematı Hakkında Kanunu Muvakkat in 1913 (1329). This law, which requiresthe inquiry should underwent by administratoin, was put ineffective by replacig ?The Law atthe state of Officials and other civil cervants- numbered 4483? which published at the StateOffical Newspaper- numbered 23896, on December 4, 1999. According to the Law-numbered 4483. the permission of administration is mandatory. n case the officials should beinquired and trialed due to misconduction related with their official position. Excludingoffences during pratice which are not related with their mission. Except this law it is seen thatthere is provision concerning special procedures of trials in too many laws like Law of theCouncil of state, Law Of Judges an Public Prosecutors those have special characteristics.Herein, in this study the functioning of the system. Brought by the law of ?Provisional RulesAbout Trials of Officials? is validated, also together with the Law-numbered 4483. Thepurpose of studying this system is to bring out how much that the justifications relying on theadvocacy of special trial system about officials are compatible of with contemporary lawstate.In this study. First of all it is touched on the reasons of subjection of special trialprocedures of officials and the systems related with this, and broadly speaking the proceduresof criminal prosecution about officials. Then , the purpose, application conditions and inquiryprocedures of ?Provisional Rules About Trials of Officials? is handled and tried to explain inthe frame of interpretations of Constitutional Court. Court of Appeal and the Council of State,and of discussion in the doctrine. In addition ?Law About Trials of Officials and Other CivilServants numbered 4483? has investigated and it is dwelt on that ?Permission System? putforward by this Law and ?Inquiry System? put forward by Provisional Rules About Trials ofOfficials is whether compatible with the requirements of he principles of any contemporarylaw state.As a result although a special procedure for public officials was adapted, with the Act4483 the administration was made highly ineffective and the Regional Administative Courtsand the Council of State which is a high court were bought to the position of administrativeorganisations working under public prosecutors. For this reason, as it was the case during therealm of the Temporary Law on the Procedure of Public Offiicals, the decisions taken byRegional Administrative Courts and those of the Council of State must be regarded as thepreliminary investigation. In addition to this, if the mentioned Courts decide that the relatedpublic official must be prosecuted these decision must be regarded as the premilinaryinvestigütion. f those Courts decide that the related public offical must be prosecuted, tshould be regarded that the suit is opened and the necessary legal regulations should be made.Otherwise, the hew system should be abondened.