Misdemeanours in turkish petroleum market and punitive sanctions against them

Although renewable energy sources are becoming increasingly available today, fossil-based energy sources, especially petroleum, are still the main raw material of total energy consumption and remain the main input of the oil industry. Even though it is being said that oilwas a limited resource, oil explorations continue uninterruptedly in our country as in every part of the world, and industrial branches, which rely on oil, continue their weight in economies. When this is the case, the stability of the oil markets and the safe supply of oil continue to be an indispensable, strategic issue for the policies and economies of the world and the countries. These reasons compel the lawyers to consider oil as a strategic product and to follow the oil market closely and very carefully. Hereupon in our thesis, we chose the misdemeanors and their administrative sanctions which are indispensable for the good governance and management of the oil market, to be applied to those who do not comply with the market rules. In our thesis those misdemeanors and sanctions which are encountered in the supply section of the petroleum market were discussed in general. These misdemeanors such as smuggling petroleum, poor quality oil not often given importance in both doctrine and practice. That has a negative impact on the economic size of our country. Again, up the where sanctions and misdemeanorsare harmonious with the general principles of misdemeanor lawin the oil market was assessed and the changes made under the 5015 Act with regard to misdemeanors were examined and implementation of the court decisions within the scope of the oil market and the existing problems were tried to be explained. In summary, we can articulate that it cannot be said that it could be observed the certainty of law and the lawfulness of misdemeanors principles were taken in care in so far as necessary by the legislator and the practitioner'sas generally experienced in the field of law. Again, in our opinion there are problems in practice and doctrine in terms of the principle of imperfection which is the basis of criminal lawand the proportionality of the offenses and penalties is not taken into account in many places; and this was reflected in the high court's decisions.