LA INSEGURIDAD JURÍDICA GENERADA POR LA AUSENCIA DE INFORMES DE CONTROL DURANTE LA EJECUCIÓN DE CONTRATOS COMPLEMENTARIOS

The present thesis titled, "The legal uncertainty generated by the absence of control reports during the execution of complementary contracts". It carries with it a latent problem in our society, that is, the omission of the norm of the specific legal body to favor the parties that make up a public works contract, be it principal or complementary, action that is generating various eventualities to the State Ecuadorian that deteriorate its already worn economic structure. In addition, it`s about giving a rough definition of the legal uncertainty generated by this lack of application of the law in any administrative act. The problem evidenced is framed in the Organic Law of the National System of Public Procurement, specifically with regard to Article 23 where it is determined that "before starting a pre-contractual procedure, according to the nature of the contract, the entity must have the studies and complete, definitive and updated designs, plans and calculations, technical specifications duly approved by the corresponding instances. In Ecuador, complementary public works contracts have been interfered by harsh criticism and accusations of various kinds related to overpricing in the budget, absence and errors in the studies and control reports, bad practice of the contractor, the existence of other factors they´re classified as unforeseen, either due to calculation errors in terms of costs, as well as negligence or discretion dragging the sphere of corruption. This is where the need arises to conclude a complementary contract to give continuity to the main work that aspects not predicted in the study phase were not taken into account at the time of drafting the main contract project, 5 generating a deficit in the economy for the State. The first specific objective determines the responsibilities and / or recommendations stipulated in the audit reports of the Comptroller General of the State, so that transparency and legality prevail without causing damages to the corresponding public entity. For this reason, I allow myself to give a reasoned and detailed explanation of the application. of regulations that made possible the fulfillment of complementary contracts within public works. Therefore, within the third and last specific objective I consider proposing a reform project to the Organic Law of the National System of Public Procurement where they take into consideration the existence of control reports prior to the execution of a complementary contract. In Ecuador, complementary public works contracts have been interfered by harsh criticism and accusations of various kinds related to overpricing in the budget, absence and errors in the studies and control reports, malpractice of the contractor, the existence of other factors They are classified as unforeseen, either due to calculation errors in terms of costs, as well as negligence or discretion dragging the sphere of corruption. This is where the need arises to conclude a complementary contract to give continuity to the main work that aspects not predicted in the study phase were not taken into account at the time of drafting the main contract project, generating a deficit in the economy for the State. The first specific objective determines the responsibilities and / or recommendations stipulated in the audit reports of the Comptroller General of the State, so that transparency and legality prevail without causing damages to the corresponding public entity. For this reason, I allow myself to give a reasoned and detailed explanation of the application. of regulations that made possible the fulfillment of complementary contracts within public works. Therefore, within the third and last specific objective I consider proposing a reform project to the Organic Law of the National System of Public Procurement where they take into consideration the existence of control reports prior to the execution of a complementary contract.

• Váldodahkki: Herrera Lalangui, Astrid Carolina (author)
• Materiálatiipa: bachelorThesis
• Giella: spa
• Almmustuhtton: 2019
• Fáttát: DERECHO; CONTRATOS COMPLEMENTARIOS; INSEGURIDAD JURÍDICA
• Liŋkkat: http://dspace.unl.edu.ec/jspui/handle/123456789/21865