Occupation and evacuation of public property and determination of the criminal fee within the scope of court decisions

In this study, which deals with the Occupation, Evacuation of Public Property and Ecrimisil in the Turkish Legal System within the Scope of Judicial Decisions, firstly the definition and historical development of ecrimisil are mentioned. Since remuneration receivables are not regulated in any legal legislation in the Turkish Private Law System, there is no consensus in doctrine regarding their legal nature. Some authors have opinions that base the source of the debt on unjust enrichment, tort or rent-like. In practice; Finally, by the Supreme Court of Appeals, the penalty for retaliation was based on tort. In Turkish Public Law; Contrary to private law, in order to determine the legal nature of ecrimisil, arrangements have been made in both the Law and the Regulation and Communiqué, which are regulatory procedures, and in case it is determined that the immovable properties under the private ownership of the public or under the control and disposal of the state are occupied without any legal reason, the compensation requested from the occupier (undue) has been described. In order to claim compensation, it is not important whether the unnecessary person is at fault or not, and it is not required that the administration suffer any damage. The authority to manage and supervise immovable properties that are privately owned by the public or under the rule and disposition of the state belongs to the National Real Estate Directorate of the Ministry of Finance and, in the provinces, to the National Real Estate Services, which is the provincial organization of the said Directorate. In our study, after the legal qualification of ecrimisil compensation in the Turkish Judicial System, it was stated that the ecrimisil institution should have a deterrent nature, not a form of management. In addition, by examining the judicial decisions given in the cases filed against the penalty notices established by the relevant administrations for the purpose of collecting the penalty fee, recommendations were made to the relevant administrations on the legality of the current penalty notices to be issued.