Necesidad que los contratos civiles profesionales sean regulados dentro de la Ley Orgánica de Servicio Público y no por su Reglamento

The Organic Law of the Public Service does not set the mode or manner in which professional civil contracts will be made, as expressly stated in the statute, a mention of these in the Art. 6 is related to nepotism, and the grounds for dismissal contained in Art. 48, literal k), which provides "Subscribe and provide professional services contracts civil violation of specific provisions of this Act and its regulations" As can be seen the Organic Law of the Public Service allows civil contracts for professional services, but not the form or the circumstances in which such contracts will be carried out is set, it is the example for the contract of occasional services, Act provides that, in Art. 58 states "Signing contracts occasional services shall be authorized by the appointing authority, to meet institutional needs, after the report of the management unit of human talent, whenever there is a budget line and Availability economic resources for this purpose. " As seen contracts occasional services, which in contracts for professional services not expressly contained in the law is standard, but noted in Art. 48 of the Organic Law of the Public Service, Disabilities recruitment as a cause of recall having signed contracts for professional services civil violation of specific 7 provisions in the Act and its regulations, this assumes that it is still possible that public entities civilly hire professional services. Jorge Zavala Egas, notes that "The activity of the government or the exercise of administrative functions occur in primary defined legal categories: a) The regulationsor administrative provisions; b) The decisions or administrative acts; and, c) The Administrative contracts” According to these categories noted by this author, the first goal up the law and regulations and ordinances that make up the legal system and sources of law; while administrative acts and contracts that derive from and are, modify or extinguish, as are application of substantive law. For this circumstance, it is necessary that the Organic Law of the Public Service noted how professional services contracts will be carried out according to the law of legal persons and natural persons of the mandatory application of public procurement rules The 148 Regulations General Organic Law on the Public Service, states: "The appointing authority may enter into civil contracts for professional services or specialized technical contracts without dependency ratio, provided the UATH justify the work to be developed can not be performed by personnel of its own entity or organization, it is insufficient or expertise is required in specific tasks to 8 be addressed, there are financial resources available for such purposes a game that noincrease in the wage bill passed,and meets the established profiles for corresponding institutional positions and generic. " Here the mode of civil contracts for professional services is established, but this is illegal because a regulation must not be above the law, the regulation does not rule,but establishes how breaks will take place, so the form of such contracts must be included in the Organic Law of the Public Service. Standardization in the Organic Law of the Public Service guarantee as stated in Art. 229 paragraph two of the Constitution of the Republic of Ecuador, which expresses. "... The law governing the agency define human resources and remuneration for all public sectors and regulate the entry, promotion, promotion, incentives, disciplinary system, stability, system of remuneration and termination of appointment of his servants." Because of the circumstances listed, because the General Regulations to the Organic Law of the Public Service regulates contracts for professional services and the Organic Law of the Public no service, then it is opposed to the foundation of objective law by which rights and duties are developed, generating legal uncertainty of public institutions.

• מחבר ראשי: Guajala Inga, Jessica Belén (author)
• פורמט: bachelorThesis
• שפה: spa
• יצא לאור: 2016
• נושאים: Ley Orgánica de Servicio Público; Derecho; Contratos civiles profesionales; Art. 6 relacionado al nepotismo, y en las causales de destitución contenidas en el Art. 48, literal k
• גישה מקוונת: http://dspace.unl.edu.ec/jspui/handle/123456789/12574