Challenging an Administrative Fine in Turkey: 15-Day Period, Competent Court and Early Payment Discount

Administrative fines may be imposed on individuals and companies in many areas, including traffic, municipal and environmental matters. The general remedy and time limit for challenging these fines are set out in Misdemeanours Law No. 5326. Because the period is short, it is very important to note the date on which the fine report or decision was served.

1. Time limit and competent authority

Under Article 27 of the Misdemeanours Law, an application against an administrative fine or a decision transferring property to the state may be made to the criminal judgeship of peace within 15 days at the latest from the date of service or notification of the decision. If no application is made within this period, the decision becomes final.

If the period was missed due to force majeure, an application may be made within seven days of the force majeure ceasing. However, this application does not prevent the decision from becoming final; the court may only stay its enforcement.

2. The application petition

The application is made by the person concerned, their legal representative or their lawyer, by a petition in two copies submitted to the criminal judgeship of peace. The petition must clearly state the details of the administrative sanction and the evidence relied on against it. Where force majeure is relied on after the period has expired, the reason and its supporting evidence must also be stated.

3. How the proceedings unfold

• The judgeship first examines whether the application was made in time and whether it has jurisdiction; if the conditions are met, it admits the application.
• The petition is served on the authority that imposed the fine, which responds within 15 days and submits a copy of the case file.
• The judgeship may hear the parties on request or of its own motion, and may hear witnesses, order an expert examination or conduct an on-site inspection.
• Finally, if the decision is lawful, the application is rejected; if unlawful, the administrative sanction is annulled. For fines with a statutory minimum and maximum, the judgeship may also change the amount.

Decisions on administrative fines up to a certain amount are final; for fines above that amount, a further legal remedy is available.

4. Does early payment affect the right to challenge?

Under Article 17/6 of the Misdemeanours Law, administrative fines for which no payment period is set in their own law are payable within one month of service, and a 25 percent discount applies if paid within that period. The law expressly provides that payment does not affect the right to apply for a legal remedy. Paying with the discount therefore does not prevent a challenge. Some special laws may provide different payment periods and discounts.

For persons whose financial situation does not permit full payment, payment in four equal instalments within one year may be allowed, provided that the first instalment is paid upfront (Art. 17/3).

5. Cases that go to the administrative courts instead

Not every administrative fine is challenged before the criminal judgeship of peace. In particular:

• tax penalties are heard by tax courts;
• fines imposed in the same act as decisions falling within the jurisdiction of the administrative courts, such as fines for zoning violations imposed together with a demolition order, are heard by administrative courts under Article 27/8 of the Law;
• fines for which a special law provides another remedy are heard by the authority designated in that law.

Since applying to the wrong authority may cause delay and time-limit problems, the correct remedy must be identified according to the law on which the fine is based.

Conclusion

The most critical point with administrative fines is not to miss the 15-day period running from service. If a challenge is to be made, the law on which the fine is based and the competent authority should be identified correctly, and evidence of procedural irregularities in the report, defects in service or that the act did not occur should be submitted with the petition.

This article is provided for general information purposes only and does not constitute legal advice. Legal support is recommended for specific disputes.