YÜRÜTMENİN DURDURULMASI KURUMUNDA TELAFİSİ GÜÇ YA DA İMKÂNSIZ ZARAR KAVRAMI VE UYGULANMAKLA ETKİSİ TÜKENEN İDARİ İŞLEMLER

The stay of execution is regulated in the article 27/2 of the Administrative Judicial Procedure Law and article 125/5 of the Constitution. In this respect, the stay of execution is both a legal and constitutional term. In the aforementioned regulations, two conditions were stipulated in order to make a decision to stay the execution. The first of these conditions is that the administrative process is clearly unlawful; the other is that if the administrative process is carried out, irreparable or impossible losses will arise. In order to make a decision to stay the execution, the two conditions must be fulfilled together. It is seen that the concept of “difficult or impossible damage to compensate”, which is one of the essential conditions of the consept of stay of execution, has not been subject to a separate study before. In this respect, it is important to frame the consept of “difficult or impossible damage to compensate in the stay of execution” with its theoretical and practical dimensions. We will try to address the concept of “difficult or impossible damage to compensate”, inclusion of the concept to our law, its interpretation in the Turkish administrative law doctrine and the understanding of the administrative judicial authorities. Administrative actions that end of effect by implementing in the concept of difficult or impossible damage to compensate will be tackled in the light of the opinions in the doctrine and judicial decisions.