THE IMPACT OF STRUCTURAL CHANGES IN TRADE COMPANIES ON DECISIONS OF BLACKLISTING IN PUBLIC PROCUREMENTS
TİCARET ŞİRKETLERİNDEKİ YAPISAL DEĞİŞİMLERİN KAMU İHALELERİNE KATILMAKTAN YASAKLAMA KARARLARI ÜZERİNE ETKİSİ

Author : Ömer Tuğrul ZOR
Number of pages : 547-571

Abstract

There is no rule in either the Public Procurement Law (referred to as PPL) or the Public Procurement Contracts Law (PPCL) on how structural changes such as merger, division and type change in trade companies, will affect the decision of blacklisting in public procurements which is also an administrative sanction. Therefore, due to the lack of clear regulations, the principles of criminal law such as legality and personality of crimes, dominating administrative sanction law should be used. On the other hand, if structural changes of trading companies are used to avoid the blacklisting, the article 11 of the PPL shall also be applied.

Keywords

Trade companies, structural changes, merger, division, type change, decision of blacklisting, administrative sanctions, criminal law principles.

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