Incorporación de regulaciones normativas en el régimen especial de contratación pública en los procesos contractuales ejecutados para la seguridad interna y externa del estado

The draft legal research that I consideration of academic forum is based on the revisión of the law on public security and the state as well as in the special scheme for recruitment established in the organic law of the national system of public procurement regulations that I think are of great relevance for the state interests and the compliance of government targets. It is important to mention that the Public Security Act and the State seeks to regulate the integral security of a democratic State of rights and justice and all the inhabitants of Ecuador, guaranteeing public order, coexistence, peace and good living, in the framework of their rights and duties as natural and legal persons, communities, peoples, nationalities and collective, ensuring the national defense, preventing the risks and threats of all kinds, through the System of Public Security and the State. However, in Art. 2 of the law have been established their spheres, which I feel it necessary to quote for structure subsequently what I believe constitutes a legal problem to treat; the aforementioned article relates: "Under this law shall be established and implemented policies, plans, strategies and actions necessary to ensure the sovereignty and territorial integrity and the security of persons, communities, peoples, nationalities and groups, and institutions, the citizen coexistence in a comprehensive manner, multidimensional, permanent, the complementarity between public and prívate, the initiative and provide citizens, and establish prevention strategies in times of crisis or serious social unrest." The rule in question allows us to know the broad spectrum of regulatory law, on the one hand it is understood that The State must ensure and guarantee each and every one of the stated objectives; however it is necessary to identify those excesses that the law subject to revision introduced and which I believe should be the subject of a review by the National Assembly to safeguard precisely public interests and citizens; The Permanent Fund of expenditure reserved will consist in the General Budget of the State, amount that will be accessible to the public, not the assignments of the costs that will be classified information." It is necessary to also cite the provisions of the organic law of the national system of public procurement in respect of the special regime of public procurement: "Art. 2.- Special regime.- shall be subject to the specific regulations that for the effect issued by the President of the Republic in the General Regulations to this Law, under criteria of selectivity, precontractuales procedures of the following recruitment: (...) 2. The graded by the President of the Republic as being necessary for the internal and external security of the State and whose execution is in charge of the Armed Forces or the National Pólice; (...)" In the first place we must argue that a legal conflict exists that is evidenced by the use of expenditure of a secret that are exempt from the control of the organs of control so that it ignores the use and destination of these allocations that with the end of safeguard state security may well affect the rights and privileges of citizens.

• Autor principal: García Álvarez, Estalin Fabricio (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado em: 2018
• Assuntos: DERECHO; GASTOS RESERVADOS; CONTRATACIÓN PÚBLICA; SEGURIDAD DEL ESTADO
• Acesso em linha: http://dspace.unl.edu.ec/jspui/handle/123456789/20916