Search for new methods in public procurement harmonization of the Turkish public procurement system with international regulations

The concept of public procurement refers to the purchase of goods, services and construction works that states procure from the market using their own financial resources. Considering the public services that any state must provide, it is easily understood that public procurement can appear in many different forms, from a simple purchase of goods to a complex construction work. Public procurement occupies an important place in the world economy due to its wide application area. However, the effects of public procurement are not limited to the economic field. Public procurement can also have effects on tax and development policies, socioeconomic and environmental objectives, and even on the legal order in the context of concluding contracts with the state administration. In the first part of this study, which consists of three parts, the reasons for regulating public procurement, the purposes of public procurement systems and the basic principles of public procurement are explained. Within the scope of this chapter, it is explained why there is a need to regulate public procurement and what goals can be achieved by establishing a good public procurement system. In the second part, the UNCITRAL Model Law, European Union Public Procurement Directives and Government Procurement Agreement (GPA), which are the basic international regulations for public procurement in Continental Europe, are examined. In the international regulations listed in this review; the scope, exception provisions, procurement procedures and execution of the process were analyzed. In the last section, the Turkish Public Procurement System is explained and a comparative analysis with international regulations is made. This analysis was carried out by taking the Public Procurement Law No. 4734 into the center of the study. By emphasizing the differences between the Public Procurement Law No. 4734 and international regulations, suggestions for changes to be made to harmonize the Turkish Public Procurement System with international norms have been made. Keywords: Public Procurement, Public Tender, UNCITRAL Model Law, European Union Public Procurement Directives, Government Procurement Agreement (GPA), Public Procurement Law.