The concept of public loss and legal consequences

In this thesis, the Concept of Public Loss and its Legal Consequences are studied on. The relationship between administrative liability and the liability of public officials, and the inspection of public expenditures and indemnification of public losses within the same context have occupied a unique place in the history of Turkish public administration. This area of law that had been regulated by the abolished General Accounting Law No. 1050, finally replaced in 2003 by the Public Financial Management and Control Law No. 5018, and the concepts such as "state loss" and "treasury loss" derived from the French fiscal legislation have also given way to the concept of "public loss", as defined in Article 71. That the concept of "Public Loss" has only recently entered into the Turkish legal lexicon, it has never been subjected to a study outlining the historical evolution of its constitutional and statuary foundations, in private as well as public law it has been construed by such institutions commissioned with administrative inspections (constitutional institutions i.e. Turkish Court of Accounts, Turkish Council of State, High Military Administrative Court), in-house as well as external units to mean that "the public servants should be held liable even in cases when they cannot be charged with fault" all came together to mean that a thesis at PhD level was a must. The reasons explained the primary objective of this study is to draw out, delineate propose solutions; how the concept of public loss has come about (within particularly the context of liability law), the interpretation and application of the concept by such institutions and authorities which had been assigned with the very same responsibility, finally, the evaluation identified issues are to do with the direction in which the concept could be further developed through restricted and to produce solutions.