Legal Function of the Public Budget

Authors : Yeliz Neslihan AKIN BASA

Pages : 1-29

Doi:10.26650/mcd2022-1260326

View : 68 | Download : 61

Publication Date : 2023-05-29

Article Type : Research Paper

Abstract :In Turkish Budget Law, the rules regarding the procedure of budgets have always been determined primarily at the Constitutional level. In fact, the fundamental principles of enactment and compulsion of the public budget are included in the Constitution of the Republic of Turkey dated 1982. The detailed rules of the public budget, are regulated in the Public Fiscal Management and Control Law No. 5018. In this way, the legality in the preparation, implementation, and control of the budget within the scope of the legal function of the budget have been ensured. In addition, budget principles are also regulated in the aforementioned Law and have become a rule. Budget laws, on the other hand, contain the most detailed regulations regarding the provisions to be applied in the fiscal year. The legal nature of the public budget, which obliges its implementers to be complied with the budget, constitutes the legal function. For this reason, unless the legal function of the public budget is fulfilled, other functions cannot be made functional. The legal function of the public budget creates an area of judicial control also. In this way, fiscal actions are subject to legal compliance control and legal accountability can be made effective.
Keywords : Mali hukuk, kamu bütçesi, Türk bütçe hukuku, bütçe hakkı, kamu bütçesinin hukukî fonksiyonu