Özet:

Depending upon the increase in public services, public procurement consisting of public goods, services and works contracts is also increasing. This increase requiring further use of public funds demonstrates the importance of public procurements in the economy. Public procurements which possess a certain share in the GDP can be used as a political means in economic, financial and social fields. The system in public procurements which have a big importance in the economic field, is provided via the Public Procurement Law numbered 4734 and the secondary legislation. Public contracts realized within the framework of procurement legislation which is a part of financial legislation and exceeding a certain amount, are finalized with the approval of the contract officer and are subject to pre fiscal control according to the Law of Public Financial Management and Control numbered 5018. The exposure of public contracts exceeding a certain amount to pre fiscal control causes the abolition of certain provisions’ implementation fields within the procurement legislation and constitutes a conflict situation between the two Law provisions. This article mentions about this conflict and the problem is intended to be solved with various proposed solutions

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