Customs misdemeanors

As a result of people living in society, the continuity of the social order has brought a number of rules. In case of failure to comply with the legal norms contained in these rules, sanctions are imposed by public power. One of these sanctions is administrative sanctions. The administration has the authority to impose administrative sanctions as a result of the duty of providing public order that embraces the concepts of general security, general health and public welfare. Within the framework of public order, it carries sub-headings such as competition order and zoning scheme. One of these titles is considered as one of the title of the customs order to protect the concept of customs misdemeanors constitute the basis of our study. The administrative sanctions to be applied as a result of the misdemeanors were considered as criminal offenses by the European Court of Human Rights (Judgment of Bendenoun v. France) and it was accepted that the fundamental principles of criminal law would be applied for administrative sanctions. Considering the effects of the administrative sanctions to be applied on fundamental rights and freedoms, the compliance with the law is important for the realization of the principle of the rule of law. The legal compliance of the administrative sanctions established as administrative procedures will be evaluated from the standpoint of administrative action theory in our essay. The general theory of misdemeanors is regulated in Turkish Positive Law by the Turkish Penal Code and the Criminal Law. Although the tendency to decriminalization of misdemeanor offensesshows its effect in our positive law, it has been implemented in full by Law No. 5237. Customs misdemeanors also experienced a similar process. With the anti-trafficking Law No. 5607 smuggling crimes and misdeeds was held, the Customs Law No. 4458 numbered with the misdemeanor 6455 transferred the Customs Act. In our essay, customs misdemeanors are evaluated according to these positive regulations. In the study, it is seen that these regulations are not in harmony in the sense of the customs misdemeanors unlike this; they are in a race and the customs misdemeanors are evaluated in all aspects.