Abstract:

The durations specified in the laws are considered to be important both in terms of being regulatory for the procedures to be carried out by the administrations and in terms of gaining or losing certain rights for those concerned. While the rules regarding on time limits are an administrative and legal requirement for administrations, they should also be considered as a tool that ensures the realization of the right to legal remedies and the rule of law principle. In the preliminary examinations conducted within the scope of the Law on the Prosecution of Civil Servants and Other Public Officials, it is important that the durations set for the decision to authorize an investigation and the objection against this decision are interpreted within the framework of these principles and implemented in the most correct way. This study examines and evaluates the provisions on durations in Law No. 4483, which regulates the basic procedures and principles regarding the prosecution of crimes committed by civil servants due to their duties. The provisions of the Law on durations have been analyzed in terms of court decisions, doctrine and administrative practices, thereby contributing to the understanding of the theory and practice of the provisions on durations for practitioners and investigators in public institutions and to the establishment of a unity of practice in this regard.

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