Social Security Institution and it's judicial review in terms of Administrative Law

Within the scope of Social Security Reform realized in Turkey, the legal entities of Social Insurances Institution (SSK), Pension Fund (ES) and Social Security Organization for Artisans and Self-employed (BAĞKUR) were terminated and in order to provide social security services of which scope and limits are defined by social security legislation, administratively and financially autonomous Social Security Institution (SGK) was established in accordance with private law unless otherwise stated in relevant laws, having a legal entity under the tutelage of Ministry of Labour and Social Security. Even though the labor courts are designated as general jurisdiction courts in the judicial review of the Institution's transactions, it is seen that many of the transactions of the Institution are within administrative scope. In this respect, it is not possible to say that there is a complete consensus on the legal nature of transactions carried out by Institution in the fields of private law and public law, both in the doctrine and jurisprudence. In addition to the difficulty in determining the private law and public law qualifications of the transactions of the Institution, the frequent changes in the applicable legislation, lack of systematicity, and not using plain language contradict the legal security principle, and this situation adversely affects the right of individuals to access social security services. Our objective in examining SGK in terms of administrative law; is to fully explain the Institution's place in Turkish administrative system by analysing the administrative structure of the Institution, that provides social security service, which is a public service by its nature, to assess the services provided by the Institution in terms of the principles that dominate the legal security and social security service, and to evaluate the conflicts of the duties of the Institution within judicial audits that arise in terms of the judicial administrative judiciary distinction by revealing the legal characteristics of the Institution transactions.