Legal character of municipal economic enterprises

In this study, the legal characters of economic enterprises established or associated by the municipalities is tried to be examined from various perspectives. Municipalities, which are one of the local government units established to satisfy the local common needs, can use alternative service delivery methods while fulfilling the duties assigned to them by the law. One of these service delivery methods is to establish a company. These companies established by municipalities are called municipal economic enterprises in practice. Therefore, municipal economic enterprises are also referred to as municipal companies. In this study, in order to determine the legal quality of municipal economic enterprises, historical development and reasons of emergence are firstly discussed on the basis of economic activities of the state. Then the legal nature of the legal character owned by economic enterprises, the procedures and methods to be followed in the establishment of economic enterprises, action tools and the auditing are explained in separate sections. Thus, the legal character of the municipal economic enterprises has been examined in terms of all the elements of a legal character and has been tried to be explained by evaluating the results of each section with the inductive method. In the first chapter of the study, municipal economic enterprises which have existed since the first years of the Republic are examined on the basis of economic activities of the state. In this section, the reasons for the establishment of municipal economic enterprises are also mentioned. In the second chapter, an examination is made on the quality of legal character owned by municipal economic enterprises. In the third chapter the establishment procedure and methods of municipal economic enterprises are examined, in this examination, it is concluded that there are some contradictions between the current legislation and the implementation of the legislation and misinterpretations of the legislation regarding the establishment of the companies. In the fourth chapter, the legal characters of the transactions established by the municipal economic enterprises, the personnel who conduct these transactions and the goods they used in the service were separately examined. In the examination, it was seen that municipal economic enterprises were able to constitute administrative action if there was a clear authority granted to them by law. When the legal nature of the personnel working in economic enterprises is examined, it is understood that the status of these personnel is not different from the personnel employed in any trading company other than working in a publicly owned company. It was also observed that these companies used the public goods frequently while conducting their activities. Finally, in the last chapter, the inspection of the municipal companies both in extrajudicial and judicial ways were examined and it was seen that, in addition to being inspected as a trading company, municipal companies are also subject to other audits as they are a public company. Judicial inspections of these companies were examined in terms of both private and administrative law and it was understood that judicial review of these companies was carried out according to private law. As a result, the legal nature of the municipal companies has been tried to be explained by making evaluations within the framework of the information obtained in the light of all the headings examined. Keywords: (Enterprise, Company, Public Economic Enterprise, Administrative Transaction, Personnel, Public Good, Inspection, Liability)