Because the Press Advertisement Agency has public legal personality, its officials are also responsible as public officials. Article 50 expressly provides for this.
The Full Text of the Provision — Art. 50
The members of the General Assembly and of the Board of Directors of the Press Advertisement Agency and all of its officials and employees are punished, for the offences they commit by reason of the application of this Law, according to the nature and degree of their acts, under the provisions of the Turkish Criminal Code relating to State officials.
Criminal prosecution does not prevent disciplinary measures from also being applied.
| Element | Content |
|---|---|
| Who | The members of the General Assembly, the members of the Board of Directors, all officials and employees |
| Which offences | Offences committed by reason of the application of this Law |
| How they are punished | According to the nature and degree of their acts, under the provisions of the Turkish Criminal Code relating to State officials |
| Discipline | Criminal prosecution does not prevent disciplinary measures from also being applied |
Those Responsible in Public Administrations and Bodies — Art. 49/c
Upon notification by the Directorate General of the Agency, disciplinary measures are applied in respect of those responsible in public administrations and bodies and in partnerships, according to their own statutes. Where there is no such statute, the Ministry to which that body is attached for supervision purposes or within whose field of activity it falls applies the disciplinary measure it considers appropriate. Compliance with the notice to be given by the Ministry concerned is compulsory.
The result of the disciplinary measures taken is notified to the Agency. The Agency has the right to object against disciplinary measures to the competent authorities or to the Ministry.
| Step | Content |
|---|---|
| 1 | The Directorate General of the Agency gives notification |
| 2 | Disciplinary measures are applied in respect of those responsible according to their own statutes |
| 3 | Where there is no statute, the Ministry to which it is attached or within whose field of activity it falls applies the disciplinary measure it considers appropriate |
| 4 | Compliance with the notice of the Ministry concerned is compulsory |
| 5 | The result is notified to the Agency |
| 6 | The Agency has the right to object — to the competent authorities or to the Ministry |
The Additional Prohibition for Board Members — Art. 10
Those elected to the Board of Directors may not act as advertising brokers, nor may they take any post in any brokerage undertaking or participate in one in any way.
Government Supervision and Irregularities — Art. 14
Transactions that do not comply with the Law, Presidential Decrees, the regulation and the decisions of the General Assembly are corrected upon notice from the Government, and irregularities are referred to the competent authorities. We covered the detail in government supervision over the Agency.
Internal Audit: The Auditors — Art. 9
The Agency is audited by three auditors to be elected by the General Assembly from among its own members. The report of the auditors is examined and accepted by the General Assembly (Art. 8/1); if the General Assembly does not approve the activity, it elects the Board of Directors anew.
Transparency of the Accounts — Art. 26
The year-end results of the accounts of the Agency, its allocation balance sheets and its profit and loss account are published in the Official Gazette and in other newspapers within two months at the latest of the end of the business year.
Service of Notice — Art. 51
Service of notice by the Press Advertisement Agency is subject to the provisions of the Service of Notices Law No. 7201.
Conclusion
The members of the General Assembly and of the Board of Directors of the Press Advertisement Agency and all of its officials and employees are punished, for the offences they commit by reason of the application of the Law, according to the nature and degree of their acts, under the provisions of the Turkish Criminal Code relating to State officials, and criminal prosecution does not prevent disciplinary measures. As regards those responsible in public administrations and bodies, disciplinary measures are applied, upon notification by the Directorate General, according to their own statutes, or by the Ministry concerned where there is no statute.