Occupational risk principle within the context of strict liability of administration

In this study, which deals with the strict liability of the administration and the occupational risk principle, the occupational risk principle is discussed in general terms. In this respect, the responsibility of the administration for the damages caused to individuals due to its actions and transactions, the conditions under which this responsibility will be valid, and the limits and criteria of the administration's responsibility have been conveyed within the framework of the provisions of the legal legislation. The definition and legal basis of the occupational risk principle, which is the main subject of our study, the historical development process, the application conditions of the principle, and the issues of damage and compensation have been extensively examined. Although the occupational risk principle is regulated in some special laws, it is not included in the legislation as a concept. For this reason, opinions and decisions in doctrine and judicial jurisprudence have been examined and evaluated. Faulty and strict liability cases are also examined, and their relationship with professional risk and its counterpart in private law are discussed. In addition, due to its current impact and intensity, the relationship between Covıd-19 and the occupational risk principle, its importance and nature, especially in the field of health, has been tried to be conveyed within the framework of legal regulations and judicial jurisprudence. The fact that the strict liability of the administration and the principle of a professional risk take place in our legal system mostly through judicial precedents makes it difficult to determine the strict liability of the administration within certain limits. Since it is a requirement of the rule of law to determine which public duty or service poses a risk due to its nature, this type of responsibility has been examined as a whole in our study and the aforementioned ambiguity has been tried to be resolved. In this sense, the determination and determination of the legal framework of the occupational risk principle with the necessary legal regulations is of great importance.