“PRINCIPLE OF GRATUITOUS IN PUBLIC SERVICES”

ABSTRACT

The state produces goods and services with different motives than a firm in the market. While the main aim of a firm in the market is profit maximization, when it comes to administration, the aim is the public interest. In this context, the production of goods and services realized by the state by staying apart from the conditions of the market is called public service. Political bodies decide whether an activity is considered a public service and whether there is a public interest in that activity. The administration has to comply with various principles while performing public services. The first of these principles is the principle of continuity, which manifests itself as the continuity or regularity of public services. Another principle is the principle of equality, which aims to provide public services in an impartial and need-based manner. Another principle is the adaptability (variability) principle, which aims to adapt public services to changing technological conditions, and finally, gratuitous principle of free delivery of public services, which is the subject of this study. Public services performed by the state are financed through taxes collected from citizens. However, citizens can benefit from some public services only by paying a separate price. The legal basis for this situation is Article 65 of the 1982 Constitution. The article titled " The extent of social and economic duties of the State " states, " The State shall fulfil its duties as laid down in the Constitution in the social and economic fields within the capacity of its financial resources, taking into consideration the priorities appropriate with the aims of these duties " is in the form. This price, which the state demands separately from taxes while performing the most basic public services, like a second tax taken from the citizens for the same service. In this study, the principle of gratuitous, which is gradually weakening and disappearing, is explained. In this context, first of all, the characteristics of the principle of gratuitous are explained and how it is defined in various judicial decisions. By specifying which public services can be provided in accordance with the principle of gratuitous, arrangements that need to be made for public administrations to consider this principle in service delivery are listed.

Keywords: Public Service, Gratuitous, Free of Charge, Public Benefit