Principles dominating the discipline law
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Abstract (EN)
Disciplinary law procedures exist as an administrative act and administrative sanction in the field of law. Disciplinary law procedures, which are established for the purpose of ensuring the internal order, discipline and ultimately the public interest and which contain sanctions that interfere with the fundamental rights and freedoms of the person, must be carried out in accordance with a number of procedures and principles. In the study, firstly, the administrative act (I) and administrative sanctions (II) have been examined to the extent that they are related to disciplinary law. Subsequently, the definitions related to disciplinary law have been made (III), disciplinary regime and disciplinary sanctions in comparative law and Turkish law were evaluated (IV) and finally, the principles of criminal law (V) and administrative procedural principles (VI) were evaluated in terms of disciplinary law in the light of universal law principles and judicial decisions and the principles that dominate the disciplinary law were determined. Some of the rights of the individuals can be violated with the penalties applied within the scope of disciplinary law and unlawful decisions can be taken. Or, the person can cancel his or her deserved punishment due to a mistake and some crimes can go unpunished. To prevent such situations and in order to be granted lawful and equitable decisions; a general disciplinary law, in which the main framework for disciplinary law is drawn, the rules of the law and the principles that dominate disciplinary law are determined and all public institutions and organizations and private sector organizations that are authorized to implement disciplinary action are included, is needed. In addition to this, additional assurance measures are needed for the disciplinary punishment of dismissal, which has heavy and irreparable consequences.
Author
Burç Volkan Zor
How to Cite
Burç Volkan Zor (Master Thesis). Principles dominating the discipline law, 2020, Dicle University.
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