The cancellation of an administrative fine is an important process that enables individuals to appeal unlawful penalties through legal means and have such fines lifted. It also requires detailed knowledge of how citizens can protect their rights in these situations. Today, one of the most commonly encountered legal issues for citizens is administrative fines. These fines cover a wide range—from traffic and environmental regulations to rules on opening and operating businesses and social security obligations—and can directly affect individuals’ daily lives. However, not every administrative fine is lawful or valid. Administrative actions must comply with the law and be evaluated within the framework of the Constitution's fundamental rights and freedoms.
In this article, we will explain the appeal process for administrative fines, the steps to follow for cancellation, and the important points to consider during the process.
What Is an Administrative Fine?
An administrative fine is a monetary penalty imposed by government administrative bodies, generally for acts considered misdemeanors.
In our legal system, sanctions imposed by administrative authorities and stipulated by law are referred to as “administrative sanctions.” Acts classified as misdemeanors are sanctioned either by administrative fines or by other administrative measures.
Administrative fines are penalties imposed directly by administrative authorities without judicial intervention. These penalties are typically applied when regulations are violated, and their aim is to preserve administrative order. When the government delegates authority to administrative bodies, it also determines the behaviors that disrupt public order and the applicable sanctions. The general provisions regarding administrative fines are found in Law No. 5326 on Misdemeanors, which lays out the fundamental principles for all administrative fines.
These sanctions are crucial for maintaining administrative order. Administrative fines are commonly issued for traffic violations, environmental infractions, and similar offenses. Failure to pay them may result in enforcement proceedings.
What Situations Require an Administrative Fine?
Situations requiring administrative fines are usually defined by the need to maintain public order and protect the administrative system. Administrative fines are imposed in cases outlined in various laws and regulations. Examples include:
Traffic Violations: Exceeding speed limits, running red lights, failing to wear a seatbelt, and other actions that violate traffic rules.
Violations of the Environmental Law: Polluting the environment, creating noise, failing to follow waste management regulations, and other breaches of environmental protection laws.
Violations of Municipal Regulations: Actions such as aggressive behavior, begging, and posting unauthorized advertisements, which contravene local municipal rules.
Social Security Institution (SGK) Violations: Failing to submit entry declarations, providing false or incomplete information, and other offenses against SGK regulations.
Violations of the Misdemeanors Law: Activities like making noise, causing disturbances, and consuming tobacco in prohibited areas, as outlined in the Misdemeanors Law.
These are only some examples. Many other situations may require administrative fines, each governed by the specific amounts and procedures defined in applicable laws and regulations.
Which Public Authorities Can Issue Administrative Fines?
The following public authorities within the state legal personality are authorized to issue administrative fines:
Senior Administrative Officers (Mülki Amirler): The authorities authorized to issue administrative fines are the senior officials of relevant public institutions or organizations, as per Article 22, paragraph 2 of Law No. 5326 on Misdemeanors. In the area where the misdemeanor is committed, the highest-ranking local administrative officer—typically a governor or district governor—is authorized to issue the fine.
Law Enforcement (Kolluk): Under specific provisions of Law No. 5326, law enforcement officers are authorized to impose administrative fines directly when misdemeanors occur. These provisions provide the legal framework for officers to enforce public order. For example, in cases involving traffic order, environmental protection, or general public peace, law enforcement may issue fines in amounts determined by applicable laws.
Law enforcement’s authority to issue fines is generally regulated under Law No. 5326 as well as other special laws and regulations. These powers are used to uphold public order and the rule of law.
Municipal Police Officers (Zabıta Görevlileri): Municipal officers responsible for maintaining public discipline are authorized to impose administrative fines under specific provisions of Law No. 5326. Municipal regulations and Articles 4/b and 4/f of the Misdemeanors Law grant them this authority. For example, they may fine individuals for unauthorized street vending or begging.
Public Prosecutors (Cumhuriyet Savcıları): According to Article 23, paragraph 1 of Law No. 5326, public prosecutors are authorized to issue administrative sanctions in specific cases defined by the law. These sanctions must fall within the scope of authority legally granted to prosecutors.
Boards and Authorities Defined by Special Laws: Article 22, paragraph 1 of Law No. 5326 refers to public boards or officials granted sanctioning authority under special laws. For example:
Ministry of Treasury for private security services under Article 21 of Law No. 5188
Banking Regulation and Supervision Agency under Article 10 of the Financial Leasing Law No. 3226
Municipalities or top-level local authorities under Article 42 of the Zoning Law No. 3194
What Is The Difference Between an Administrative Fine and a Judicial Fine?
There are important distinctions between judicial fines and administrative fines under Turkish law. Judicial fines are imposed by criminal courts as part of a criminal proceeding, whereas administrative fines are issued directly by public authorities—such as police, municipalities, or regulatory bodies—without a court decision. In terms of objection procedures, judicial fines can be appealed to a higher court, while administrative fines must be contested before the Criminal Judgeship of Peace (Sulh Ceza Hakimliği). Failure to pay a judicial fine may result in conversion into a prison sentence, whereas unpaid administrative fines lead only to enforcement proceedings and cannot result in imprisonment. Judicial fines affect a person’s criminal record, while administrative fines do not. Lastly, when a judicial fine is challenged, the execution is suspended until the appeal concludes; however, in the case of administrative fines, the objection does not suspend execution unless a separate request is made and granted.
Who Receives Payment For Administrative Fines?
According to Article 17 of Law No. 5326 on Misdemeanors, administrative fines are paid to the state treasury.
Generally, administrative fines are collected by relevant administrative authorities. For example, traffic fines are collected by the General Directorate of Security; SGK-related fines are collected by the Social Security Institution. In some cases, fines may be paid directly to local revenue offices. The fine notification document will specify the place of payment. If no such document is received, the person must go to the appropriate revenue office in their district or province.
What Happens If an Administrative Fine Is Not Paid?
If an administrative fine is not paid, enforcement proceedings may be initiated against the debtor.
In such a case, the individual’s assets or bank accounts may be seized. However, unpaid administrative fines cannot be converted into prison sentences, and they do not appear on the criminal record since they are not criminal penalties. If the fine is not paid and the person is facing financial hardship, the fine can be paid in four equal installments over a year—but only if the first installment is paid upfront. If installments are not paid on time, the remaining balance becomes immediately due.
Can an Administrative Fine Be Appealed?
Yes, administrative fines can be appealed. Generally, to annul an administrative fine, an appeal must be filed within 15 days from the date of notification to the Criminal Court of Peace (Sulh Ceza Hakimliği).
However, in some cases, the time limit and competent authority for the appeal may differ. The petition of objection should include legal justifications and explanations as to why the fine is considered unfair.
Where Should an Administrative Fine Objection Be Filed?
If an administrative sanction results in an administrative fine, the appeal must be filed with the Criminal Court of Peace within 15 days from the date of notification.
If, along with the administrative fine, another administrative sanction is imposed (e.g., closure of a business), the objection must be submitted to the competent Administrative Court.
In such a situation, the lawsuit for annulment of the administrative fine must be filed before the Administrative Court. Some administrative bodies may impose fines based on their special laws, in which case the annulment of the fine would also require filing a lawsuit in the Administrative Court. For example, fines issued by the Social Security Institution (SGK) fall into this category.
What Is The Procedure For Objecting To an Administrative Fine?
To object to an administrative fine, a petition must be submitted within 15 days from the date of notification. Objections are generally filed with the Criminal Court of Peace. However, in special cases or when the fine is based on special laws, the case must be filed in the Administrative Court.
The objection petition must be written and properly formatted. It should clearly state the reasons for the objection and the legal basis supporting the claim. After submission, the court will evaluate the petition and may either accept or reject the objection—or set a hearing date.
What Is The Time Limit For Objecting To an Administrative Fine?
The time limit for objecting to an administrative fine is 15 days, according to Article 27 of Law No. 5326 on Misdemeanors.
The 15-day period begins from the date the administrative fine is officially notified to the individual concerned.
Grounds For Annulment Of an Administrative Fine
To file a lawsuit for the annulment of an administrative fine, there must be specific legal reasons justifying the invalidity of the fine. Common reasons include:
Lack of Jurisdiction or Procedural Error: The fine was issued by an unauthorized entity or not in accordance with proper legal procedures.
Violation of Legality Principle: The fine was imposed under regulations not properly enacted or inconsistent with the law.
Incorrect Application of Fixed or Proportional Penalties: The amount of the fine was miscalculated or exceeded legal limits.
Statute of Limitations: The time limit to impose the fine had expired before the fine was issued.
Legal Grounds for Appealing an Administrative Fine in Türkiye
Errors in Authority and Procedure:
The administrative authority that issued the fine may not have had jurisdiction, or the procedure followed might be improper.
Violation of the Principle of Legality:
The fine was imposed in a situation not clearly stipulated by law.
Incorrect Application of Fixed and Relative Fines:
Disregarding the upper and lower limits set by law.
Statute of Limitations:
The expiration of the time limit for imposing the fine.
Incorrect Determination of the Act:
The violation may have been incorrectly identified or evaluated.
Force Majeure:
Extraordinary circumstances such as severe illness or natural disaster may have prevented timely objection.
In such cases, individuals who believe the fine is unlawful can appeal to the Criminal Court of Peace within 15 days of notification. However, certain special laws may designate other appeal authorities and periods, requiring evaluation on a case-by-case basis.
Appealing SGK (Social Security Institution) Fines
There’s a special appeal procedure for fines imposed by SGK:
The fined individual or entity must first appeal to the Administrative Fine Objection Commission within SGK, within 15 days of receiving the notice.
This can be done personally or via registered mail.
If the commission rejects the appeal, a lawsuit may be filed at the Administrative Court within 30 days of the rejection notice.
For unregistered workers or underreporting, employers may appeal to the Unit Premium Accrual Objection Commission within 1 month of notice.
Traffic Fines and Vehicle Impoundment
To appeal a traffic fine, you must apply to the Criminal Court of Peace in the relevant district within 15 days of receiving the fine. The petition must include justifications and legal grounds, along with documents like:
Copy of ID, driver's license, vehicle registration
Traffic fine notice and notification document
If the vehicle is impounded, an appeal must be filed with the Administrative Court within 60 days.
Online Administrative Fine Inquiry
You can check your fines online through:
e-Devlet (Turkish Government Portal)
Navigate to: Trafik Para Cezası Borcu Sorgulama ve ÖdemeDigital Tax Office (Dijital Vergi Dairesi)
Go to the MTV ve Trafik Para Cezası Ödeme section.
These platforms allow you to view and pay fines electronically.
Bayraktar Attorneys’ Services for Fine Cancellation
Bayraktar Attorneys offers comprehensive legal services for cancellation of administrative fines, including:
Objection Process Management:
Preparing and filing objections within legal deadlines.Legal Consultancy:
Guidance on objection rights and representation in legal challenges.Litigation:
Filing lawsuits in administrative courts and managing all legal procedures to protect your rights.
Frequently Asked Questions (FAQs)
1. Are administrative fines recorded in criminal records?
No. These are not court-imposed and do not appear in the criminal record. Non-payment doesn’t result in imprisonment.
2. How much is a 1-day administrative fine?
Administrative fines are not calculated daily.
Fixed fines are predetermined amounts for specific violations.
Relative fines vary depending on the severity and nature of the offense (e.g., a percentage of a company’s revenue).
3. Are administrative fines inherited by heirs?
No. Under Turkish law, penalties are personal and do not transfer to heirs.
4. Can an administrative fine be cancelled?
Yes, by appealing within the time limits specified in law (typically 15 days for general offenses under the Misdemeanors Law).
5. Is there an amnesty for administrative fines?
Yes, periodically the Turkish Parliament (TBMM) may pass laws offering restructuring or amnesty for certain fines.
6. Where should I submit an objection petition?
Generally, to the Criminal Court of Peace. In some cases, the competent court is the Administrative Court, depending on the law under which the fine was issued.
7. Is there a discount for early payment?
Yes. A minimum of 25% discount applies if paid within 15 days. Some agencies like SGK may offer up to 75% under certain conditions.
8. Does filing an objection suspend payment?
Yes, temporarily. But if the appeal is rejected, collection resumes. You may need to request a stay of execution to prevent enforcement actions like account seizures.
9. Where should the lawsuit be filed for cancellation?
Depending on the nature of the fine, either at the Criminal Court of Peace or Administrative Court. Legal evaluation of each case is required.
10. Is interest charged if the fine is unpaid?
No. But enforcement actions (like property liens) may begin. There’s no automatic imprisonment for unpaid administrative fines in Türkiye.
Need Legal Help Objecting to an Administrative Fine in Türkiye?
If you've received an administrative fine in Türkiye and believe it was unfair or unlawful, don't wait until it's too late. At Bayraktar Attorneys, we specialize in challenging fines from all public authorities—whether traffic-related, SGK, environmental, or municipal. Our expert legal team will assess your case, prepare the strongest possible objection, and represent you before the competent courts. Contact us today to protect your rights and explore your legal options before the objection deadline expires.
