Cancellation of Administrative Fine: 30 Days and Judicial Recourse

Administrative fines imposed by various institutions of the state; It is a part of daily life in matters such as traffic, municipality, environment, KVKK, tax. The appeal method varies depending on the type of law.

Objection Periods

• General rule (Law of Misdemeanors, Art. 27): To the criminal judgeship of peace within 15 days.
• Traffic penalties: 15 days, criminal judgeship of peace.
• Tax penalties (special): 30 days, tax court.
• KVKK penalties: 30 days, administrative court.
• Certain special regulations: 30/60/90 days according to relevant law.

Road to Criminal Judgeship of Peace

• Written petition.
• The judge examines as the sole judge.
• The decision is made within 15 days (usually).
• Objection to the decision: high criminal court.
• Final decision: Constitutional Court individual application.

Administrative Court Road

• According to the special laws of the administrative institutions.
• 30 days petition.
• Request for stay of execution.
• Decision from the administrative court; way of appeal.

Tax Court Route

• Special for taxes and tax penalties.
• 30 days period.
• Opportunity for reconciliation before realization.
• Decision from the tax court; superior court.

Reasons for Objection

• Illegality (contrary to law, regulation).
• Exceeding the authority limit.
• Lack of shape.
• Lack of reason (no concrete evidence).
• Absence of subject (action not crime).
• Exceeding the purpose (abuse of administration).
• Disproportionality (the punishment being disproportionate to the incident).

Stop Execution

• Critical for preventing the execution of the sentence.
• The request is at the beginning of the petition.
• Conditions: unlawfulness + irreparable damage.
• If the decision has not been made, it may be mandatory to pay the penalty; refund later.

Council of State and Supreme Court of Appeals — Established Approach

The Council of State and the Supreme Court chambers meticulously apply the "lawfulness control" in administrative fines; Lack of one of the elements of authority, form, reason, subject and purpose is grounds for cancellation. The principle of "proportionality" has become the prominent criterion in recent years.

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