Aplicación del proceso administrativo sancionador contenido en la LOS en contraste al procedimiento administrativo sancionador previsto en el COA frente al pronunciamiento de la PGE

ABSTRACT: The Organic Administrative Code was created with the purpose of regulating the exercise of public administration in general. Thus, the COA establishes in its repealing provisions that the sanctioning procedure established in such regulation repeals the rest of the provisions concerning sanctioning procedures. Therefore, the National Agency of Regulation, Control, and Sanitary Surveillance (ARCSA), issues a consultation to the Attorney General's Office in order to define the administrative sanctioning procedure to be applied in its area, taking into account that the LOS regulates the ARCSA and this, in turn, has its own sanctioning procedure. The PGE, through pronouncement No. 02145, indicates that the sanctioning procedure to be applied in the ARCSA is the one established by the LOS since this is a special law, consequently leaving the COA as a supplementary rule. In this re-search, the indicated pronouncement is analyzed, for which a descriptive and analytical legal methodology has been applied, with a non-experimental design in which the interview technique has been applied for the collection of information. However, it was not appropriate to leave the LOS as the main rule in the sanctioning procedure and the COA as a supplementary rule since it contravenes the nature of the latter. Therefore, it is recommended that a reform of the COA be proposed in order to expressly define its scope of applicability.

• Egile nagusia: Villacrés Cevallos, Laura Jhoana (author)
• Formatua: bachelorThesis
• Hizkuntza: spa
• Argitaratua: 2024
• Gaiak: Procedimiento; Administración Pública; Potestad; Sanción
• Sarrera elektronikoa: http://dspace.unach.edu.ec/handle/51000/12791