Kamu zararı

Abstract

ABSTRACT BULUT, Metin. Public Loss, Ph. D. Dissertation, Ankara, 2024. Public loss is an unlawful act that involves the violation of the state's financial interests and property values. Turkish positive law has made public loss a matter of public law by regulating it within the framework of administrative law and financial law rules that are a part of this law. In addition, the adoption of a procedure in which private law rules are valid in pursuing and suing the damage has necessitated evaluating the public loss together with broader system of rules. In administrative law, the damages caused to state property and the part of the damages suffered by individuals and the administration related to duties subject to public law that are attributed to the personal fault of the public official bring together the sources of public loss. In terms of financial law, public loss consists of decisions, transactions or actions contrary to the legislation, resulting from the intent, fault or negligence of public officials that prevent an increase or decrease in public resources. The specified definitions have a comprehensiveness that indicates certain points of distinction regarding the responsibility of public officials and the areas of responsibility arising from the transactions and actions of the administration. The importance of this distinction is that financial losses due to service defects cannot be included in the public damage category. Although there is no public damage in terms of service defects that express the inadequacy in the performance of administrative functions due to the deficiencies and disorders seen in the establishment, organization and function system, the personal fault of the public official, which arises due to non-compliance with the requirements of duty and the system of administrative functions, has been accepted as the source of public loss. A similar situation also applies to the liability of relevant persons outside the administration. This distribution of responsibility necessitated taking into account the distinctions between the financial responsibility of the administration and the public official in the legal evaluation of public loss. Keywords Public Loss, Public Resource, Administrative and Financial Liability, Service-Connected Fault and Personal Fault, Public Official.