Administrative fines are financial sanctions imposed by administrative authorities for acts considered misdemeanors. Situations such as traffic violations, underpayment of social security premiums, or environmental zoning violations are examples where administrative fines may be applied.
Administrative fines are imposed directly by administrative bodies and are enforced without the need to apply to judicial authorities. However, the administration does not have the right to exercise this authority arbitrarily or without limits. This power must be used within clearly defined legal boundaries and based on a legal framework. When there are doubts about the legality of the application, there are available procedures for appealing or annulling the administrative fine.
What is an Administrative Fine?
An administrative fine is a monetary penalty imposed by administrative authorities on an individual or institution for failing to fulfill obligations prescribed by specific laws and regulations. Unlike judicial fines, administrative fines are applied to actions that do not constitute a criminal offense but disrupt public order and cause social harm.
Examples of acts that may result in an administrative fine include gambling, begging, polluting the environment, and disobeying a lawful order, among others.
What Is the Legal Basis of an Administrative Fine?
Administrative fines are imposed based on various laws and regulations. The specific law under which a fine is issued depends on the type of fine and the nature of the offense. For example:
Social Security Law: Individuals who underpay social security contributions or fail to fulfill workplace social security obligations may be penalized under this law.
Misdemeanors Law (Law No. 5326): This law contains the fundamental regulations concerning administrative fines. Offenses such as traffic violations, noise pollution, and breaches of environmental regulations are addressed under this law.
Highways Traffic Law (Law No. 2918): Individuals who violate traffic rules may receive administrative fines based on this law.
Environmental Law (Law No. 2872): Activities that cause environmental pollution or actions contrary to environmental regulations may result in administrative fines under this law.
AUTHORITIES EMPOWERED TO IMPOSE ADMINISTRATIVE FINES
The authorities authorized to impose administrative fines are various administrative bodies of the state and organs affiliated with local governments. Which body is authorized to impose a fine depends on the nature of the act requiring the fine and the authority granted by law. These authorities are empowered within the framework of legal regulations. For example:
Social Security Violations: The Social Security Institution (SGK) may impose fines on employers and insured individuals who fail to pay premiums.
Traffic Violations: Traffic police or municipal officers may impose fines on drivers who commit traffic violations based on the Highway Traffic Law.
Environmental Pollution: Inspectors of the Ministry of Environment and Urbanization may impose administrative fines on individuals or organizations causing environmental pollution.
TO WHOM IS AN ADMINISTRATIVE FINE PAID?
Administrative fines are paid to the state treasury in accordance with Article 17 of the Misdemeanor Law. The payment location is specified in the notice delivered to the individual. In case of non-payment, enforcement proceedings may be initiated to collect the fine from the debtor.
Differences Between Administrative Fines and Judicial Fines
Administrative fines are imposed for offenses of a minor nature, and the authority issuing the fine is the administrative authorities. On the other hand, judicial fines are penalties imposed by courts as a consequence of a crime. If a judicial fine is not paid, it can be converted into a prison sentence, whereas this is not the case for administrative fines. If an administrative fine is not paid, only enforcement procedures can be initiated. Unlike judicial fines, administrative fines are not recorded in the criminal record.
The Appeal Process Against Administrative Fines
The implementation of administrative fines is the imposition of a penalty by administrative authorities under the supervision of a specific law. However, these fines may not always be applied in accordance with the law. For example, a person or institution may claim that they did not commit the action that led to the penalty or may find the fine amount unjust. There is a right to appeal against administrative fines.
An appeal against an administrative fine must be based on a reason that the action taken by the administrative authority is contrary to the law. For example, if a person receives a fine for a traffic violation that does not comply with traffic regulations, the fine is excessive, or the action that led to the fine was not performed by the person, an appeal can be made. Similarly, if the fine violates specific regulations, it can also form the basis for an appeal.
Appeal Authorities and Deadlines
Generally, appeals against administrative fines are made to the Magistrate Court (Sulh Ceza Hakimliği) within 15 days from the notification or explanation of the administrative fine to the concerned person, in accordance with Article 27 of the Misdemeanors Law. However, in some laws, the appeal authority is regulated separately. Therefore, it is necessary to evaluate each administrative fine based on the specific circumstances of the case.
If an appeal is not made within the legal period, the fine becomes final. However, if an application cannot be made within the 15-day period due to force majeure, an application can be made within 7 days at the latest from the date the force majeure situation is eliminated. The application will not prevent the decision from becoming final, but the court may suspend the execution of the decision. In such cases, the force majeure preventing the timely application must be explicitly stated in the application petition, and supporting documents proving this situation must be attached.
Additionally, it should be noted that, in some cases, an appeal against administrative fines imposed by certain administrative bodies may require filing a lawsuit directly at the Administrative Court under specific laws. For example, for administrative fines imposed by institutions such as the Competition Authority, Public Procurement Authority, or Information and Communication Technologies Authority (BTK), the appeal process is determined according to the specific legal provisions governing the respective institution. Therefore, it is of great importance to evaluate each administrative fine based on the applicable legislation, considering the appeal deadline, competent authority, and procedures to be followed in each specific case.
Evaluation of the Appeal and Decision
The appeal application will be evaluated by the relevant court or administrative body. The administrative court will assess whether the action taken by the administrative unit that imposed the fine is in compliance with the law. If the court determines that the administrative fine is unlawful, the fine will be canceled. Otherwise, the fine remains valid and the payment obligation continues.
Administrative fines are financial penalties imposed by administrative authorities based on specific legal frameworks. However, these fines may not always be in accordance with the law. Appealing administrative fines is crucial for protecting your rights and ensuring that an unlawful fine is canceled. The time for appeal, the places for application, and the necessary procedures are detailed in each law. Therefore, before making an appeal against an administrative fine, it is important to determine which law the fine is based on and to identify the correct authority for the application.
Lawyer. Gökhan AKGÜL & Lawyer Yasemin ERAK
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