Privatization Law

Privatization law is a field that covers legal regulations regarding the transfer or privatization of public enterprises, goods or services to the private sector. Privatization aims to increase economic efficiency by reducing government intervention in economic activities.

Important elements related to privatization law:

1. Definition and Scope:

– Privatization is the process of transferring state-owned assets or services to the private sector. This process is carried out with the aim of meeting the needs of the public.

2. Customization Processes:

– Privatization usually takes place in areas such as public services, state-owned enterprises (SOEs) and the sale of state-owned real estate. The legal manner in which privatization will be carried out is based on the relevant laws and regulations.

3. Legal Framework:

– Privatization processes in the country are usually regulated within the framework of certain laws and regulations. In Turkey, Law No. 4046 on Privatization Practices is the main legislation that defines privatization processes.

4. Public Interest:

– The principle of public interest should be taken into account in the privatization process. In the privatization of public services and assets, the interests of society must be taken into account.

5. Transfer Process and Specific Methods:

– Customization can be carried out in a variety of ways:

– Stock Sale: The sale of shares of public enterprise to individuals or companies.

– Putting it out to tender: Especially in the process of opening the immovables to the market, privatization is usually done by going to tender.

– Public-Private Partnership: In projects carried out with the cooperation of the public and private sectors, the privatization process is directed as a result of the contribution of both parties.

6. Financial Regulations:

– Privatization may require a series of legal arrangements from a financial point of view. It is important that the transactions to be carried out are carried out under appropriate financial conditions.

7. Tender Conditions:

– Companies or individuals wishing to participate in the privatization tenders must meet certain criteria. Therefore, the terms of the tender should be clear and unambiguous.

8. Auditing and Monitoring:

– After the privatization process is completed, the performance and service quality of the enterprises transferred to the private sector should be monitored, and regulatory mechanisms should be put in place when necessary.

9. Dispute Resolution:

– Legal disputes that may arise during privatization processes can be brought to the courts. A compromise should be reached between the parties in order to achieve a balanced solution.

10. Social Impacts:

– The social effects of privatization can have significant consequences on society. Along with privatization, issues such as employment, economic situation and social justice should be evaluated in depth.

Privatization law is carried out with the aim of increasing the efficiency of public services and ensuring economic growth. However, when conducting these processes, attention should be paid to the rule of law, transparency and the protection of citizens’ rights. Obtaining legal advice for the healthy functioning of privatization processes is of great importance in terms of protecting the rights of all parties.

There are different types of lawsuits in privatization law and we provide professional services with our nearly 20 years of experience in all of these cases.

As Terlemez Law Firm, some of the services we offer to our domestic and foreign clients within the scope of Privatization law with our expert lawyer staff;

• Preparation of documents related to tenders and follow-up of the process

• Within the framework of the Law on Privatization Practices, providing the necessary legal support for the participation of companies with domestic or foreign capital that want to participate in the tenders of the privatizations made by the Privatization Administration

• Preparation of contracts in the light of client demands within the framework of the Law on Privatization Practices, the legislation based on this law and the decisions of the Privatization Administration, or examining the existing prepared contracts and renewing them in accordance with the interests of the client in line with the missing points
• Follow-up of lawsuits that have been and will be filed