T.C.
Adana
5. MAGISTRATE JUDGE
AMENDED LABOR DECISIONS
AMENDED LABOR NO: 2021/1183
judge:
CLERK:
THE APPLICANT:
attorney:
APPLICATION FOR THE DECISION: Cukurova District Administration
SUBJECT OF APPLICATION: Appeal against an Administrative Fine
DATE OF APPLICATION: 09/02/2021
DATE OF DECISION: 24/02/2021
The petition submitted by the applicant and its october were examined.
IT WAS CONSIDERED NECESSARY:
I- APPLICATION
In his petition dated 09/02/2021, the applicant: applied against the administrative fine of 3,150.00 Turkish lira dated 13/01/2021 and decision number 2021/176 issued by the Cukurova District Administration and requested that the decision be made to cancel the fine.
II-ANSWER
The District Governor of Çukurova dated 22/02/2021 and ……………………. in the article: The applicant has been informed that there is no violation of the law in the administrative procedures applied against him and the rejection of the application has been requested.
III- EVALUATION OF THE APPLICATION
282 of the Public Health Law No. 1593. for an act of violation of the article ………………….decision date and number of Çukurova governorship of Applied administrative sanctions 13/01/2021 about 2021/176 3.150,00 Turkish Liras administrative monetary penalty of the law against the path that is referenced, although the nature of the decision the applicant and the application based on the content of the petition and the date of the decision with the No. 5326 the reasons for the denial of the application of the law on Misdemeanors in accordance 28/1 because it does not exist, the application was passed with the adoption of procedures on the basics.
When looking at this scope and context in a concrete case, 1593 23 of the law on assembly and provincial public health within the framework of the ingredients created by the decision of Adana 30.072020 2020/91 30.07.2020 day clock date and 00: 00 from the outbreak poses to be able to manage the risk of corona virus public health, social mobility and social isolation by reducing contact between people in order to ensure citizens within the borders of the province to cover the mouth and nose medical / 1593 use of cloth masks and 72 became compulsory under the provisions of Article 27 of the law when it became clear in the Supreme Court 19. The Criminal Department has a Criminal Code dated 09/11/2020 and dated 2020/4554-2020/14250, dated 14.12.2020 and dated 2020/5699-2020/19579 E.K and E dated 14.12.2020 and dated 2020/5700-2020/19580.K. according to the decision of No. 66/1 removed by the governor under the provisions of the provincial administration law of 5542 and duly advertised (communiqué or ref) declared or violating the commandments and prohibitions in case of failure to comply with the obligations of Article 32 of the law on Misdemeanors will be applied to No. 5326, 5326 No. 32 of the law on Misdemeanors under the provisions of Article 66 of the Provincial Administration Law No. 5442 administrative sanctions, however, can be applied by issuing the warrant, Clearly organized in the form of a curfew law in 1593 do not have an obligation as a violation of the law of these measures is not listed prohibition or obligation; 1593 due to the action on the implementation of curfew violation of the Law No. 5326 are not legally possible, since the application of Article 282 of the law on Misdemeanors 28/8-b had to decide upon the adoption in accordance.
IV- DECISION
1- Acceptance of the application in accordance with Article 28/8-b of the Misdemeanor Code No. 5326 due to the illegality of the administrative sanction decision,
Omar Thompson from about 1593 Code Article 282 of the governorship of violation action decision date and number of administrative sanctions applied with Karan Çukurova 13/01/2021 2021/176 3.150,00 Turkish Liras abolition of the administrative sanctions,
2- 31/2 of the Misdemeanor Code No. 5326 /. 168 of the Law No. 1136 on Advocacy and 14 of the Minimum Wage Tariff for Advocacy in force at the date of the decision. article 5. since the applicant is represented by a proxy in accordance with paragraph 910,00 Turkish Lira, the decision of the victim’s proxy fee is taken from the institution applied for and paid to the application,
3- The expense caused by the institution whose decision was applied for is less than the required amount numbered 6183 as of the date of the decision, so that it is left on the treasury in accordance with Article 324/4 of the CMK,
4- Notification of the decision to the parties,
According to Articles 268/1 of the Criminal Procedure Code No. 28/10, 29/1 and 5271 of the Misdemeanor Law No. 5326, the Department will be submitted to our Judge within seven days from the date of notification of the decision by a petition or provided that it is submitted to the clerk of records and approved by the Judge of the statement and signature determined by the record 6. The appeal before the Magistrate’s Office was decided with the legal path clear.
24/02/2021
Abandonment of Article 106 of the Law on the Procedure of Collection of Public Receivables
