DETERMINING THE SETBACKING OF MUNICIPALITY SERVICES WITHIN THE LAW NUMBERED 5393

A sui generis power of administrative tutelage has been vested to the central administration about going bad of municipalitiy‟s services by the article 57 of Law of Municipality numbered 5393. The prior condition of being used the subject power by central adminisration is giving a declaratory judgment by the court of peace. In this study; qualifiation, necessity, compliance with laws and legitimated of subject administrative tutelage and the judgment of the court of peace has been evaluated within the frame of constitutional provisions, judicial precedents and European Charter of Local Self Governments.