EJERCER LA REPARACIÓN INTEGRAL DE LOS DAÑOS CAUSADOS POR LA INDEBIDA RETENCIÓN DE PAGOS DE PLANILLAS EN LA ENTIDAD PÚBLICA
The contravention of undue retention of payments of spreadsheets, as a violation of the principles, has its scenario in the National System of Government Procurement regarding the acquisition or lease of properties, execution of public works or provision of services including those of consulting in...
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| Format: | bachelorThesis |
| Language: | spa |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dspace.unl.edu.ec/jspui/handle/123456789/23776 |
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Add Tag | Summary: | The contravention of undue retention of payments of spreadsheets, as a violation of the principles, has its scenario in the National System of Government Procurement regarding the acquisition or lease of properties, execution of public works or provision of services including those of consulting in contractual stage. The elements that must be observed in order to determine the existence of undue retentions are: the budgetary certification, the audit reports and the payment deadlines stipulated in the contract and in the Regulations of the Organic Law of the National Government Procurement System. The penalties to the civil servant or public employee who incurs the contravention of undue withholding payments are of two kinds: pecuniary, as compensation for damages caused to the State and dismissal of the Charge as an exemplifying penalty. The Comptroller General of the State, upon knowing the case, if it’s relevant imposes the sanction to be carried out by the nominating entity under the supervision, of faithful compliance, of the National Government Procurement Service. Damage caused by improper withholding of payments is primarily the detriment of the contractor’s assets and moral damage. The first expressed in the loss of legal aid revenue, opportunities, and expenses; the seconds expressed in grievance of honor and the violation of spiritual tranquility for both the victim and his family. There are other types of damages, such as collateral expressed in the contractor’s relationship with its collaborators, suppliers, and policy payments. The contractor who has satisfactorily complied with the contractual clauses has the inescapable right to be paid as it has been agreed, without being punishable by undue retention, so the comprehensive reparation of the damages caused is an act of justice that must be increased in the sanctions already stipulated in article number 101 of the Organic Law of the National Public Procurement System. |
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