La ley orgánica del servicio público, debe regular Adecuadamente la facultad que tienen los Usuarios para interponer recursos y reclamos Ante las autoridades administrativas

Public servants related to the administration of the State, in the exercise of its functions and the fulfillment of their duties, must be responsible for the damages caused by the agencies and public sector entities when they prove inefficient and thus harm users delaying procedures, documentation is outdated or it is misplaced in this ne the process becomes complex. That is why public servants in the exercise of its functions and the fulfillment of their duties efficiently must meet the legal standards governing public administration and avoid being liable for a penalty, administrative, civil or criminal. If, however, the public server acts incorrectly, contrary to the legal order, you must take responsibility for the effects or errors by the breach of its duties and obligations, liability amounts to repair the damage, whether personal or pecuniary. In this case there should be no public servant exempt from liability, civil servants from different institutions, who are responsible for administrative functions, respond up to milder fact, obligations of public servants towards individuals born as inferred consequence of loss or damage to the provision of a public service responsibility can be administrative, civil or criminal, depending on the seriousness of the offense. 6 The problem of state responsibility and public servants, has its source or legal basis in the Constitution of the Republic of Ecuador, which provides that the State and any person in the exercise of their duties, are required to remedy violations the rights of individuals by the lack or deficiency in the provision of public services as well as for the acts or omissions of its officials and employees in the performance of their duties, subject to exercise the right of recourse against the officer ; however, it is common to see, as the Ecuadorian State, from its republican life has not indemnified persons or groups of persons because of the liability of public servants, because there are some cases where some citizens have been affected by poor performance of public servants, a couple of years left prison a citizen serving five prison, an act that was recognized by the State which had done wrong and all that was revealed was a plaque indicating that he was imprisoned by mistake, but there was the appropriate sanction for those responsible for this. While it is true that the Comptroller General, in their audits performed at public sector entities, able to determine not only administrative but also to criminal and civil liability, in most cases the action is diluted by lack of exercise Cash respective public entity against the public servant simply has merely exercised administrative action and criminal action but not civil action for his responsibility in these cases there are a number to which the current Comptroller has always fact the prosecution claim that 7 has not been concerned to monitor the hundreds of cases in which the State is injured and a number of citizens. The obligations of public servants towards individuals born as a result of having inflicted harm or injury to the provision of a public service, so that every official in the performance of their duties may be subject to administrative, civil liability or criminal; either contractual or extracontractual liability, such as servers Hospital of Guayaquil and many others which have been stolen medicines harming thousands of patients especially those who have terminal illnesses to which they were been refused to live one day mas in life

• Main Author: Moreno González, Jamil Alejandro (author)
• Format: bachelorThesis
• Language: spa
• Published: 2015
• Subjects: DERECHO; LEY ORGANICA DEL SERVICIO PUBLICO; REGULAR LA FACULTAD DE LOS USUARIOS; PARA INTERPONER RECURSOS
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/13391