Inconsistencia jurídica del art. 2 de la ley orgánica del sistema nacional de contratación publica; y, del art. 34 numeral 3 de la ley de empresas públicas, respecto del régimen especial de contratación

This thesis whose theme is "ART LEGAL INCONSISTENCY. 2 OF THE ORGANIC LAW OF THE NATIONAL SYSTEM procurement; And ART. 34 paragraphs 3 of the Public Companies Act, REGARDING THE SPECIAL RECRUITMENT "is based on the verification of compliance with the objectives set by the Government with the new public procurement system, if it has managed to optimize procurement processes industry public if it is made a proper administration of the funds. It is necessary to indicate that companies, who want to participate as a provider of public sector, must meet all its obligations to the state to be enabled on the site, which means that the state already has a control system which requires online companies have real and timely management information. Today the Organic Law of the National Public Procurement System provides for the existence of a special regime and in this mode of contracting whereby the President may regulate these procedures. That being the Art 2 in its paragraph 8 states possibility that contracts between joint ventures or public undertakings and the State are conducted through special arrangements, however; with the approval of the Organic Law of Public Enterprises is established in Art. 34 paragraph 3 of that legal body, this special regime is widely used throughout the recruitment process carry out public enterprises will make use of the special scheme in Where there Were public enterprises signed contracts or agreements such as strategic alliances, partnership, consortium or other similar nature; and only in this case the contract is subject to the provisions of that agreement or contract; circumstances which establishes a legal inconsistency in assessed standards; given that the Organic Law of the National Public Procurement System provides greater ease in procurement by means of special arrangements; which it is more restricted in the case determined by the Organic Law on Public Enterprises. It is noted that the Organic Law of the National Public Procurement System, contains in this body of law governing the application of this standard. Therefore the operation of public enterprises in which is currently set a statute and subsequent regulation which consists or regarding the special recruitment is noted; of goods works and services including consulting; circumstance that I think should not be allowed; since with the force of a special scheme; ideally harmonize the implementation of the scheme in all companies through a single procedure to prevent the discretion of public officials when hiring special regime

• Autor principal: Sarmiento Zamora, Paulina Jacqueline (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado em: 2015
• Assuntos: CONTRATACIÓN PÚBLICA; LEY DE EMPRESAS PÚBLICAS; EMPRESAS; CONTRATACIÓN PÚBLICA EN EL ECUADOR
• Acesso em linha: http://dspace.unl.edu.ec/jspui/handle/123456789/8323