A research on the amendments to the public procurement law up to the latest of the acceptance

Public tender can be defined as a key management resource in terms of ensuring transparency as well as effective and efficient use of public resources. The legalization of a management resource in an open, transparent and accountable manner is important in terms of order. The Public Procurement Law no. 4734 has been enacted in order to reach the target in accordance with these principles and the procurement laws that were in effect until 2002 have been aimed to be improved in accordance with the basic principles and aim. However, due to the changing circumstances of today, it was needed to be revised in the Law. It has not been tied to basic principles, but has evolved to evolve in the direction of the European Union Harmonization Process. The purpose of this study is to examine the changes and changes made to the current law on the works related to the works in the aim / practice origin with the help of expert opinions. For this reason, the Law refers to the issues of the European Commission's Annual Progress Reports 20082016, which are important for the process of harmonization with the European Union, and how they adapt to the European Acquis. In addition, public tendering systems of some of the Member States of the European Union were examined and comparisons were made regarding the Turkish public procurement system. On the basis of the amendments made in the Law, examples of the Council of State Decisions were given in relation to the work that emerged from the disputes related to the works and reflected in the judiciary. As a main material of the study, a questionnaire form was prepared by administrative and technical staff working in the public institutions that implement and enforce the Law No. 4734 by using the statements that question the correctness of the reasons for the changes made related to the construction works in the application. Sixty-six of the questionnaires were prepared to be published as yes / no, plus three open-ended questions and applied to technical and administrative staff. Survey application The technical and administrative personnel working in some public institutions having construction works in Samsun, Bolu, Düzce and Sakarya were applied. Scope of work; Tables were created for the first reasons of the articles of the law, the changes made to the articles in their own texts and above, the reasons for these changes and the changes in the works.In addition, the responses given to the applied questionnaire were evaluated and a separate evaluation chart was prepared for each item that changed regarding the works. In the lower parts of the tables created for each item, the literature was cited as a result of the statements put forward, and comments were made on transparency principle and compliance with European Union (EU) regulations in most cases. In the lower part of the questionnaire, it is discussed how the applicants reflected the reasons for the changes made in the direction of the answers given to the questions.In the results of working; That the application area and exemptions of the law are still largely controversial, that objections to implementation can not be reduced to the desired level, that criticisms continue to be made on the efficient use of public resources and that a high level of confidence can not yet be established in the public, And that the desired level of accession to the EU acquis is still not reached. But; Dissemination of prequalification evaluation, introduction of EKAP in tenders, dissemination of electronic documents and dissemination of electronic applications, differentiation of tendering announcement periods according to tender prices and types can be regarded as positive results of the changes made.