Public loss in public auditing law

While the origin of audit is taken back as far as 3000 BC by some, the birth of public audit is concurrent with the birth of democracy. This is because the birth of democracy goes way back to the fight that was put up by the landowners first in England and then in Western Europe with the purpose of limiting the authorities of the absolute power which collected and spent taxes at will. As a result of this fight, parliaments came into being with the participation of the representatives of the landowners as well. The audit of the revenue collection and spending authorities of the absolute power by these parliaments was the beginning of public audit. The parliaments, which originally came into being to limit the absolute power that collected and spent taxes at will, constituted the political power in time and also the scope of budget expanded, and these led to the formation of entities that perform audits on behalf of the parliaments. This was the birth of the SAIs, which are today the supreme audit and the external audit institutions. It should be noted that public audit is not composed of parliaments and the audits performed by SAIs on their behalf. It is possible to classify public audit according to the legal connection between the auditor and auditee, according to the period it is performed, according to its subject matter and according to the quality of the auditing institution. Public audit has gone through a change in our country as it did in many countries because the management mentality in the world has shifted towards a transparent, democratic and accountable one. The audit mentality, which focused on finding errors at the beginning, has evolved into the mentality of guiding management and assisting its accountability. In this context, Law no.5018 on Public Financial Management and Control, TCA Law no.6085 and the secondary legislation enacted in refer to these laws have made significant arrangements regarding public audit. To begin with, audit was legally divided into two as internal and external audits, and the scope and quality of external audit changed. Another novelty introduced by Law no.5018 into our financial system is the arrangements regarding public loss. Public loss is defined as "preventing an increase or causing a decrease in public resources as a result of the illegitimate decisions, transactions or actions that derive from the intentions, defects or neglects of public officers". This definition is problematic because the presence of public loss is linked to the presence of certain conditions. This is because the absence of one of the conditions in the definition causes the presence of loss, which exists in reality but cannot be qualified as public loss. However, the loss is the decrease in the asset. There is no need to link it to another condition. This study examines public loss in public audit law. Therefore, it first explains public audit, then the concept of public loss, its detection, follow-up, collection, responsible parties, deficiencies and complexities in legal arrangements. Keywords: Public Audit, Internal and External Audit, SAI, Public Loss, Those Responsible for Public Loss, Collection of Public Loss, Revocation,