Öz
The retrial is a legal remedy that aims to provide the principle of legal security by ending the existing court decision with serious legal errors and rehearing. All codes regulating the administrative judicial procedure in the Republican period involve the foundation of the retrial. Articles 53 and 55 of the Administrative Judicial Procedure Code No. 2577 also contain provisions regarding the legal regime of the retrial. In the doctrine, the retrial in the distinction between the ordinary and extraordinary legal remedy that is made on the basis of the decisive –indecisive court decision distinction is considered in the category of extraordinary legal remedy. It is accepted that the retrial as an extraordinary legal remedy can only be made against the decisive court decisions; since it is possible to apply for ordinary remedies against an indecisive court decision, applications for the retrial against uncertain court decisions are rejected by administrative jurisdictions.It is accepted that the application for the retrial will be made to the court that decides at the end of the trial, due to the legal provision that the requests for the retrial will be decided by the court that decides judgement on the merits. However, because the term “judgement on the merits” is used in the legal provision, it is accepted that it will not be requested for the retrial against court decisions made by administrative jurisdictions but not as “judgement on the merits”. In this study, the current legal regime of the application for the retrial will be examined. Later, attention will be drawn to the problem posed by special judicial procedures - leaving the general judicial procedure- in the application for the retrial.