Nórmese en la ley orgánica del sistema nacional de contratación pública, la ejecución de sanciones administrativas a los servidores públicos que provoquen la terminación unilateral de los contratos públicos

In the Ecuadorian public administration constantly unilateral termination of public contracts is given, which may affect the interests of the administration itself, contractors and the general public so that interested me to study a related subject with the subject, being the title of this paper as follows: "REGULATE IN THE ORGANIC LAW OF NATIONAL PROCUREMENT SYSTEM, ADMINISTRATIVE SANCTIONS ENFORCEMENT OF PUBLIC SERVANTS RESULTING UNILATERAL TERMINATION OF PUBLIC CONTRACTS". The Constitution of the Republic of Ecuador, states that public servants are responsible, administrative, civil and criminal law for acts or omissions in the exercise of its function, for its part, the Organic Law of the National System of Public Procurement, determines the personal responsibility in the civil and criminal law for the actions of these servers in the hiring process. However, there is a legal problem that has to do with the said Act states that one of the causes for unilateral termination of the contract, which it has been held in express contradiction to the prohibitions in the legislation. This situation is common in the Ecuadorian government. In reviewing the content of the Organic Law of the National System of Public Procurement, it is determined that there are no rules that are designed to penalize public servants who participate in the conclusion of contracts that violate express prohibitions of this Act , creating a loophole which does not allow these people to impose administrative sanctions. Consequently there is a contradiction , the principle of liability stated in the Constitution of the Republic of Ecuador , which generates a legal vacuum which prevents sanction public servants who negligently allows contracts to be concluded in express contradiction to the prohibitions contained in Act , so that this paper addresses the problem stated and concludes with the approach of a legal proposal to contribute through the application of administrative sanctions, to achieve a more responsible behavior of public servants , ensuring the rights and interests of the administration of the contracting and society in general.

• Tác giả chính: Cabrera Marin, Pablo Oswaldo (author)
• Định dạng: bachelorThesis
• Ngôn ngữ: spa
• Được phát hành: 2014
• Truy cập trực tuyến: http://dspace.unl.edu.ec/jspui/handle/123456789/15740