Calculate Recuring Deposit

The year 2010: Chamber

Merry Christmas ...

and the best and most successful in 2010 ...

By: Omar J. Candia Aguilar.

At the end of 2008, it was expected that the following year, ie 2009, would become the year of reorganization in the political parties and organizations in general, and indeed, in the year ends, were held internal elections and renewal of leadership in political parties, electoral kit crowded shop, both at political parties and organizations of regional and local levels in the same way, we found that more than one political group is the process of collection signatures of adherents to achieve their purpose of having the registration of the party or movement in the Register of Political Organizations (hereinafter ROP) which houses the National Elections Jury (JNE onwards).



is easily deduced that the year 2010, will turn into an election year, not only because the regional and municipal elections will be held on 03 October (first Sunday in October, as established in the recently published Law No. 29,470), but because the general elections would be held on April 10, 2011 (second Sunday in April, according to Law 26859), ie a little over five months after of the regional runoff.



Probably, we deal with our electoral schedule much of calendar 2010. That is, if elections were held on 03 October, the convening of regional and municipal elections at the latest would be the February 3, 2010, the last date to apply for registration in the ROP would be scheduled for June 3; surely know who would be our candidates for president, vice presidential, municipal and regional and municipal councils, by 03 July. The district mayors who have sought to apply for regional presidencies would have to resign on 03 April, and our regional presidents intending to seek re-election would leave without pay, so the step back from the direction of the region, not later than June 3, 2010. And there, political organizations at the regional level, do not pass 30% of valid votes, would have to go to a runoff to be held on October 31, 2010 (taking into account that on 03 November is a Wednesday). And with the completion of regional and municipal elections, general elections would be initiated.


electoral
In this context, it is necessary for civil society organizations, and citizens in general, we are empowered, in order to raise the level of dialogue and electoral debate to demand government proposals that address the major gaps and needs of the population that tend to transform reality and improving quality of life of citizens. Voting power, should become an instrument to combat the demagoguery and handouts, to which we are accustomed to our candidates, policies, programs and projects for sustainable and comprehensive development. Peru needs of managers of development of true statesmanship, having a clear vision of how to get Peru to its bicentennial, and even beyond that date.



Finally, what happens in 2010, ie, registration of political organizations (the ROP), registration of candidates, alliances, and finally the October 3 election, will depend on the development of our 25 regions and over 1,800 local governments.

White Patches On Teeth After Teeth Whitening

Carolina Dunes at Modus Vivendi

The College of Interior Designers Valencia, with the support of IMPIVA and collaboration of the City Council Valencia , gathered in a retrospective exhibition of 46 works interior more representative of the last decade developed by professionals Valencia.

Under Latin meaning 'Modus Vivendi' , exhibition, curated by Marcelo Leslabay, collected through the various proposals, developments in the 'lifestyle' of the Valencian society in the last ten years reflected in the places where leisure activities occur, family or work.

Thus, to clearly convey the different fields, the sample was divided into four types: Domus (residential), Commercium (commercial) Ephemera (Ephemeral) and Labor (Labor).

The exhibition opened on 18 December and can be accessed at the Exhibition Hall City Council, on schedule, Tuesday through Saturday from 10:00 to 14:00 and 16:00 to 20:30, Sunday from 10:00 to 13:00 and Monday closed.

96.5 Normal Temperature For 5 Year Old

Hello!
Well, sorry for the disconnect, but for work, I could not write before.
And I have a great novelty.
begin to move my label. Format G.
Nueva imagen, nuevos servicios y con millones de ganas de que esto funcione. Quién sabe... quizás en un futuro llegue a conseguir un sello publicitario.
En fin, de momento, soñar es gratis... eso si, no digáis nada a Telefónica, que nos cobra!!!

Barasoian Church History

Cot annual Ferrari Festival

Carolina Cot - Florists was responsible for floral arrangements for the annual Feast of the Italian brand i Ferrar.

guests reception was at the esplanade Palau de les Arts Reina Sofía , where they received three sets with 5 large red CORPORATE bases with different centers of flower, crystal balls or cubes with red roses on green funds glazing candles to illuminate the composition. Other sets were used to fund the string sextet with which guests were entertained.

Slide

I enclose the details and moments of the assembly.

Mounth And Bladetrainer

yours My life

Hola.
Bueno, de nuevo por aquí, de un modo pensativo.
Veréis... he entrado en una faceta de mi vida. Y eso me da que pensar.
¿Realmente vivimos la vida que queremos, o vivimos realmente, por las expectativas que vierten nuestro entorno sobre nosotros?
Vives cumpliendo tus "supuestas" metas, intentas ser el mejor en lo tuyo, y te das cuenta, that basically everything is not your life. You live with a mask cracked, and Peinsa is sufficient, that it's worth, I'll be happy with that. I bet my happiness, by a joint life, a life that at heart, will remain his life. Their expectations, not yours.
your turn to prove you're the best of all, you get to prove you're strong and brave, it's up Demosthenes twice about everything, but not vouchers. But does not deserve.
Why do I feel so stupid? At which point I thought they never would impact my life?
Why then do I feel so afraid? Because I'm naked again?
A new opportunity to begin again? How am I supposed to live from now? Preuntas too many unanswered, and that scares me. Very afraid.
could not stop crying and my tears do not comfort me, just feel an inexplicable pain in me, I do not understand. I have no courage to take the blame on anyone except me. And that hurts even more. I could fail as much as myself. How could I?
certainly we'll be fine. Best thing that could happen in life. And that's what scares me the most. I deserve all this? I never had luck in this life, and I will not victimize, but now I can be happy. And esoty scared.
I will keep you informed.
Greetings to all

Walkthrough For Xmas Sergon For I Phone

an election year the Constitutional Court ruling on municipal ordinance affecting a concession mining

Luis Alberto Huerta Guerrero

Professor of Constitutional Law Pontificia Universidad Catolica del Peru

Mining is very important for the country. However, it also has caused problems related to fundamental rights such as health and the environment balanced and appropriate, giving rise to serious social conflicts. It is therefore important to be attentive to the problems in various areas of country produces around this area and the responses from the constitutional courts may be issued to contribute to their solution.

Usually, cases that come to the attention of the courts of the state revolve around the question of measures taken by local governments, which are considered contrary to health and the environment. In some cases, as we will discuss, the opposite occurs, that is, questioning a protective measure of the environment taken by a local government, to be considered injurious to other fundamental rights.

In this context, the August 13, 2009 was published on the website of the Constitutional Court 1735-2008 STC-PA (If Shougang Hierro Peru SAA), through which upheld a petition for relief filed by a mining company against an order issued by the Provincial Municipality of Nasca, through which were canceled mining concessions granted to the applicant , on the grounds found within the urban area of \u200b\u200bthe city of Marcona and violating the rules of the Environment and Environmental Protection.

Our Blog dedicated to the study of constitutional processes, we performed a review of this ruling from the perspective of procedural law. This corresponds to draw attention to the pronouncement of the Chamber of the Court about the merits of the dispute, which has a serious shortcoming, because the foundation 14 of the decision indicates that for the resolution of the dispute is going to apply the proportionality test, but on the following grounds not seen in all the application of this technique for resolving conflicts fundamental rights, ie not identified if there was any legitimate purpose to justify the action taken by the municipality, and also examines whether the measure was necessary to achieve that goal. Similarly, the decision completely lacks a balancing of different interests involved (the protection of the environment and the rights of the applicant). In the absence of these aspects, it is unclear what is meant Courtroom "implementation of the proportionality test."

Concretely, the Board is limited to resolving the case with two very brief reasons, in which states that the Ordinance issued by the defendant municipality failed to comply with the legal framework related to mining concessions or establish technical reasons relating to the modification its urban development plan. As shown, these arguments do not relate to the test of proportionality and are closer to an assessment of the legality of the action taken by the defendant municipality, rather than a constitutional legal analysis on the company's rights mining considered affected (free enterprise, property and other).

As noted at the beginning, various social conflicts in Peru are caused by environmental problems caused by mining activities, remain the responsibility of national courts contribute to its solution, where sentences are clear reasons why that is taken court decision in this regard. We're not saying you should always rule in favor of environmental rights, but that any court ruling on fundamental rights must be properly grounded. If citizens perceive that the courts issued rulings that lack of solid arguments to nullify measures taken by their municipalities to protect the environment, certainly not trust the justice system and seek to respect and guarantee their rights in other ways.

Finally, it is important to note that the operative part of the sentence, the Chamber of the Court merely states founded the demand, but no details at all to what extent are to be carried out with respect to the act of the municipality considered detrimental to the fundamental rights of the mining company. 16 On the basis of the decision, the Board simply states that the ordinance in question must be disapplied to the case.

Monsters Energy Drink Distribution

Government: political system, current and elite types

By: Omar J. Candia Aguilar.

SUMMARY: 1. Introduction. 2. Concept. 2.1. Etymological development. 3. Political System, Government and Elites. 3.1. Political System. 3.2. Elites. 4. Political System and Current Government Forms. 4.1. Current forms of government.

1. Introduction.
doctrine exists in a constant misunderstanding and lack of conceptual clarity between Government and State, and its different forms. Yes, that Victor Garcia takes the government to be such bodies must have exercised the functions of administration, law, settle by conflict and controls to ensure efficiency and effectiveness of activities that seek to express the welfare, safety , justice, etc.. These functions which the author instructs the Government could easily crimp in state functions. Also, the author adds, as seen state and government are expressions that designate dissimilar concepts. The first refers to the political community and as such fully considered active subject of sovereignty. The second raises the existence of the specific form of organization of political power established in the Constitution.

On the other hand, and quite educational, but incomplete, Second Linares Quintana reports that the State covers all citizens as the government implies exclusively to their representatives, ie, the rulers. That is, the author mentions one of the components of the State which is the population (according to the author or all citizens) but failed to mention the territory and sovereignty.

Argentines, Juan Rafael Llerena and Eduardo Amadeo Ventura, referring to the forms of state, they say, before you consider each of the forms of state we need to express that they all refer to how power is exercised regardless of by whom. However when we consider the forms of government will see that they all refer to who or who govern. As noted, how power is exercised and by whom are categories which is more properly, from our point of view, theory, not the State Government. Norberto Bobbio

, referring to Mortati, states that the State is "a legal system for general purpose to exercise sovereign power in a given territory, which are necessarily subordinate subjects that belong to him."

From our perspective, the conceptualization of the state is closely related to the social relations of production, and the organization and structure of sovereign power within a territory, so we can speak of a primitive state, a slave state, a feudal state, and a capitalist state. Within the latter, we find diversity sub-classifications.

2. Concept.
The concept of government has to do stritu sensu with the exercise of political power and its various manifestations that vary by time, space and history. Broadly govern means to rule, direct, why send those who govern and direct a series of decisions taken by their nature, are public, that is, fall on the people who make a nation, and in some cases, the so-called international society.

From the historical point of view, the formation of a government power is very old and even before the idea of \u200b\u200bstate whose modern history is associated with the formation nations with a large area of \u200b\u200bterritoriality from XV century. Political structures developed in Asia, the city-state of the Greeks, the Roman Civitas and feudal political organizations are pre-state forms, in which government structures can be found. For Lucio Levi

the Government is "all the people who wield political power, that is, determining the political orientation of a given society." Rethinking the concept outlined, we can say that government is the person or group of persons exercising political power in a given nation-state, according to the philosophical, ideological and legal imposed or that prevail in society.

2.1. Etymological development. Francisco Miro Quesada
recounts the Greeks who used different words to refer to practices related to the act of governing, namely:
1. Kibernetiké, that means the art of governing.
2. Kibernesis, a term understood as the act of governing.
3. Kibernetes, which expresses the idea of \u200b\u200ba pilot.

Kibernetes, is rooted in the word Kubernan and evokes the idea of \u200b\u200bpiloting a ship, pilot it is the man who governs a ship. This term then passed into Latin and became gov.

3. Political System, Government and Elites.
To study the relationship between political system, government and Elite, you need to understand, besides the concept of government, the concept of political system and the theory of the Elites.

3.1. Political System.
The prominent Mexican political scientist Eduardo Andrade Sánchez says that system means a set of interrelated elements such that the variation in one of them produces an alteration in the interaction of others. Adding, that we could say that the idea of \u200b\u200bsociety and all political activities that occur therein, has been characterized as a system consciously or unconsciously. The author, referring to David Easton, said that, what defines a political system is its function of distributing values \u200b\u200bthat society considers useful as money, education, power, etc., by a regulatory system capable of imposing sanctions.

Easton, significantly influenced by economic models, developed the idea of \u200b\u200bthe political system as a kind of social subsystem characterized by a certain quality of inputs (inputs) and production of products (outputs). The inputs of the political system in the scheme of Easton, are of two types: the demands and supports. The demands are the demands that society makes the political system, such as improved wages, building schools, opening roads, etc.., the support, livelihoods are generalized from the same company for the political system, which can manifest themselves in a favorable vote in demonstrations of support or under more or less widespread. Karl Deutsch

Easton incorporates the ideas and concepts derived from the field of cybernetics, raises the idea of \u200b\u200ba political system as an entity capable of self-direction from the responses it receives from the environment in which it operates. Like Easton, understands the system as a black box that receives input from its environment and produces products for the same, but with the difference that it considers as a mechanism dynamic, constantly moving in search of goals.

For Argentines Juan Rafael Llerena and Eduardo Amadeo Ventura, the concept of political system can be explained, stating that is the state organization, supported by the shared values \u200b\u200bof society and expressed existentially, the behavior of the population the political field.

political system in three aspects stand out quite clearly. They are, as noted by Pierre Avril, the formal aspect, the rules, ie, procedures, and legally established bodies, the cultural aspect, values, goals and principles and, finally, a sociological, collective behavior in relation to the political role. "These three aspects, he cautions have a common attribute: their relative stability, which allows just consider them as three complementary dimensions of political institutions and processes relevant to distinguish adaptation. "

3.2. The Elites.
The concept of elites is studied by the Theory of Power, and its highest representatives Gaetano Mosca, Vilfredo Pareto and Roberto Michels.

Gaetano Mosca, from his "Theses on the ruling class," says that in politics who are able to work, have demonstrated skill and luck, will be able to be selected to join the ruling class. For its part Vilfredo Pareto, in his theorem "circulation of elites," he says in short that we have, therefore, two strata in the population, namely: 1) the lower layer, the class is not selected, of which now we investigate the action may have on the government, and 2) the top tier, the elite class, which is divided into two, namely: a) the governing elite class, b) the elite class of non-government. " Finally, Roberto Michels, referring to the "iron law of oligarchy," tells us that there is no democracy, or socialism, however possible and charismatic leaders as the Duce, who can fight and overcome the organization and adequately interpret the wishes of the crowd. Consequently, the government will be better for him, accompanied by a charismatic leader of an elite who cooperate with him and implement his inspirations.

Age Generation Software

CONSTITUENT POWER

Summary: 1 .- Introduction. 2 .- Concept. 3 .- General characteristics of the constituent power. 4 .- Subject of the legislature. 5 .- original constituent power and constituent power derived. 5.1 .- original constituent power. 5.2. Derived constituent power.


1. Introduction.
The existence of a state is the result of a work component. This work involves under- with the statement of Carlos Sánchez Viamonte - the interplay of three elements: the act constitutional, constituent power and the constitution.

The constituent act is the set of facts through which expresses the political will to establish a political society. Ie it comprises a plurality of events or historical events of a political nature, that expressed a desire "doer" and that such are necessary for the formation or restructuring of a state.

The constituent power, broadly defined, refers to the attitude or quality for "constitute" a political society. Implies the ability to rule effectively and existence of institutionalized power to establish a politico-legal.

For its part, the constitution refers to the set of principles, values \u200b\u200band norms that describe and regulate the political and legal order of political society "constituted"

2. Badeni
concept holds that the constituent power is "the primary manifestation of the power of a global political society, to establish a legal and political organization with a constitution, and to introduce it full or partial reforms deemed necessary in order to crystallize legally changes that occur in the dominant political idea in society. "

The Bidart Campos says it is" the ability or power to constitute or to the state constitution, is to organize, to establish its legal-political structure "

For Professor Nestor Pedro Sagüés states that the term constituent power refers to both the power or ability to adopt a constitution (power-function) as the body exercising that power (to-person.) Meanwhile

Javier Pérez Royo contends that a Constitution is above all the presence of a constituent power. States that the two notions are inextricably linked as "the creature creator"

3. General characteristics of the constituent power
We note two key features of the original constituent power and constituent power derived:
• Extraordinary. Because unlike the powers that the government, which are regular and continuous, the only constitutional function and exercise exclusively to issue or amend a constitution.
• Supreme. Because you set the ultimate manifestation of political power through an act of authority that creates and defines the powers that government subordinate to the constitutional act.

4. Subject of power constituent.
The ownership of the legislature is determined by the political system in which frame. While in monarchical or aristocratic states, ownership of power rests with one person or group of people in a democratic state the power vested in the people.

In a constitutional democratic political system the dominant political idea of \u200b\u200bownership indicates that the constituent power resides in the community, the village or the global society, composed of all those within the human element of political organization.

The title relates to the concepts of validity and legitimacy of the Constitution.

Legitimacy is an essentially political concept that is determined by the community in terms of the dominant political idea adopted by it. Has legitimacy whatsoever is accepted and agreed with the dominant political idea.

Validity is an essentially legal and depends solely on the adequacy of the Constitution to pre-existing legal order and if the natural law. The legal invalidity affects the legitimacy of the rule of law, but your score is determined solely by legal elements.

5. Original constituent power and constituent power derived
5.1. Original constituent power .- It originated when matter the foundation or re-establishment of a global political society establishing its fundamental political and legal organization, without complying with existing positive rules.

We can say that is the right of action arising out of the attribute I insist on a community or a (s) of person (s) on behalf of it, independently provided a politico-legal through the issuance of a constitution . Represents the association of the will and strength to take a decision on the manner and form of political existence.

5.1.1. Original constituent power classes .- Professor Sagüés difference to the constituent internal the outer. The inmate is one who sanctioned the establishment of their own country. That is, a product of social and political power from the source or the members of the restructured state.

external Constituent power is seen in cases in which the constitution of a country is a product of the constituent power of one or more foreign nations either total or partial way. In other cases a foreign power but does not dictate national constitutional norms, strongly influence the internal constituent power. Examples

internal constituent power are the constitutions of Spain (1978), Brazil (1988) and Portugal (1976), but instead we are dealing with constituent power were foreign constitutions as those of Canada (1867), Australia (1901) and South Africa (1909) issued by the British Parliament. Meanwhile

doctrine, also referred to the constituent and the constituent power tyrannical polycratic: the first is characterized by political hechom the practicing or operator of the original constituent power is a single person, as the case Libya, who in 1951 proclaimed its independence under the command of the sovereign Senoussi Mohamed Idriss. In 1969, following a military coup, Col. Muammar Al Gaddafi took power, who in 1977 gives the Constitution currently in force. Instead polycratic constituent power, se caracteriza por el hecho político de que el ejerciente u operador del poder constituyente originario está constituido por una pluralidad de personas, siendo un emblemático ejemplo la Asamblea Constituyente de Perú en 1978 que sanciona la Constitución de 1979.

5.1.2. Características del poder constituyente originario.- El doctor Víctor García establece como las principales características las siguientes:

a) La inicialidad, expresa el hecho de la presencia de una voluntad político-jurídica constitutiva y principal.
b) La autonomía, expresa el hecho de que ningún individuo o grupo puede invocar mérito o título alguno para “sujecionar” al ejerciente original constituent power, much less replace it.
c) The unconditional, expresses the fact that the original is practicing power is free to act in the manner, methods and content of their performance.
d) The immanence, expresses the fact an inherent attribute, nontransferable original constituent power itself, to create or recreate the structure and political organization of a nascent or reconstituted state, by the enactment of a constitution.
e) The timing, says the fact that this power is effective for a short while and for a specific purpose: to formulate a constitution.
5.1.3. Original constituent power limits .- From positivist approach, the original constituent power is not conditioned by a previous constitutional order, because it does not exist. Thus, this approach sets limits on the original constituent power.

For its part, the natural law approach while recognizing that the original constituent power has no limits of positive law, establishes that it is subject to restrictions arising from natural law. No positive law can limit the original constituent power by setting the shape and scope of the founding act of a political society. However, the freedom, dignity, justice and other absolute values \u200b\u200bfrom the natural law are above the original constituent power, setting a limit for discretionary development. In this conception natural law enlists the constitutional movement by proclaiming basic aim and justification of any constitution the guard for freedom and human dignity.

Bidart Campos, added as a constituent power limits of public international law. However, this limit does not exist in relation to the constituent originating as a state obviously was not yet another can not be forced. As for his relationship with the constituent power derivative, it is virtually impossible to admit that a treaty signed before the convention to reform, can limit this power, especially when most of these deal with human rights conventions, listed them by the Constitution expressly or implicitly by the residual clause of Article 3. In turn, must be seen as complementary, not abrogate any right of those covered by Part I of the Constitution.

5.2. .- Derived constituent power is derived when the constituent act is amended, in whole or in part, political and legal organization resulting from a pre-existing Constitution and in accordance with the procedures established by it. The essential feature of the constituent power lies in its subordination arising in respect of the original manifestation of the founding constituent power. However, when put into operation under the current constitution, can get to become a founding constituent power when establishing and organizing a new global political society.

5.2.1. Characteristics of the constituent power derived .- Víctor García Following the treatise establishes the following key features:

a) The legitimacy, the actions of that power derives from the Constitution to be reformed. It is based on its own merits and political consent.
b) The limitation, the actions of such power of budgets set by the power original constituent, ie, is subordinate to the established order in terms of performance and scope of its work.
c) The efficiency, the actions of such power is founded on the claim a bridge "between the Constitution and the political and social reality

For Sale Concept Ss Truck

The appeal impugning ideal as a means for settling disputes during the selection process

By: Omar J. Candia Aguilar.

Contents: 1. Prolegomena. 2. Concept. 3. Subjective elements. 3.1. Competent administrative bodies. 3.2. Persons authorized. 4. Objective factors. 4.1. Actionable measures. 4.2. Acts not challenged. 5. Opportunity and loss of the right of appeal. 6. Effects of the filing of the appeal. 7. Review of admissibility and procedurability. 7.1. Consideration of admissibility. 7.2. Procedurability Review. 8. Warranty. 9. Procedural structure. 9.1. Procedural structure of the appeal filed with the Company. 9.2. Structure of the appeal proceedings before the Court. 10. Withdrawn. 11. Constructive denial. 12. Exhaustion of administrative remedies. 13. Was binding precedent.

1. Prolegomena.
The doctrine of law has established the institution of the appeal proceedings as a tool by which the parties or third persons claim that the most senior body conduct a review of the procedural or the whole process, to annul or revoke all or part of it, for contain a defect or error. The

remedies as required by the majority of writers, are classified as medicines and resources. Regarding the first, is well known the action for annulment, in relation to the latter, we can mention the motion for review, appeal and review. It is worth mentioning that the remedies are regulated according to the laws of each country and procedural expertise.

Regarding the systematic position of the appeal in the State Contracting Law, D. Leg. No. 1017, note that is regulated under Part V, Dispute Resolution and Appeals, Article 53. Furthermore, the Regulations of the State Contracting Law, Supreme Decree No. 184-2008-EF, has placed the appeal, Title II, Selection Processes, Chapter XII, Dispute Settlement During the Selection Process, articles 104 et seq

2. Concept.
As explained in the preliminaries above, we can assert that the appeal belongs to the genus of such objections, by which it is intended that a higher court review, modify, replace or amend in accordance with law, the decision of a subordinate body .

in administrative law is also known as a resource to appeal of appeal or appeals. In the state administration, there is an organizational structure, a Regulation on Organization and Functions (ROF), a Manual of Organization and Functions (MOF), among others, the same, which establish the governing bodies, management bodies, advisory Inline, supporting, among others, which, are hierarchically ordered and systematized. That means, as our object of study, that the decision of the hiring manager or the Special Committee, as appropriate, may be considered by the superior or by whom the law provides.

In this regard, Dr. John Carlos Morón indicates that the appeal is the appeal in order that the hierarchically superior body of the issuer of the contested decision review and modify the decision of the subordinate. As looking to get a second legal opinion of the Directors on the same facts and evidence, does not require new evidence, since it is essentially a comprehensive review of the procedure from a fundamental perspective of pure law.

Another aspect that seems important is that the scope of review or examination which is hierarchically superior body is limited to that specifically requested by the complainants bidders. It is possible that a decision or administrative act is not completely favorable to either party, so that if only one of the bidders to appeal a decision, the court reviewing the case can not prejudice the appellant's situation and issue a new resolution that is most detrimental (non reformatio in peius).

It is necessary to specify that the appeal is a mandatory appeal to the exhaustion of administrative review and therefore can not be resorted to court without previously being challenged through appeal, events administrative cause offense.

3. Subjective elements.
3.1. Competent administrative bodies.
administrative resources raised before and resolved by the Administration, as corresponds to its own nature. As a general rule, the resolution of these corresponds to either the body itself that conducted the contested decision (appeal), or the superior court which issued the decision under appeal (An appeal) or to specialized administrative bodies in this single task and released by the law of any other management activities (administrative financial claims).

a) Competition for quantitative .- Being the ultimate appeal an appellate remedy is clear that the legislature had to model the process contested to be resolved by a distinct higher authority who committed the fault or error, or failing that, to be resolved by a special administrative body.

Consistent with the latter assertion, the State Contracting Law, D. Leg. No. 1017 (hereinafter Act) and Regulation of the Law on Government Procurement, DS N ° 184-2008-EF (hereinafter Regulation) have pointed out that in those processes of selection reference value does not exceed six hundred ( 600) Tax Units (ITU), the appeal shall be filed with the entity that convened the selection process that is challenged, and will be heard and resolved by the Contractor of the entity. In the event that the reference value of the selection process is equal to or greater than previously stated, the appeals will be presented, known and resolved by the Court of State Contracting.

regard, it is necessary to mention that the TUO of the Law on State Procurement, DS 083-2004-PCM and Regulation of the Law on State Procurement, DS 084-2004-PCM, established originally encompassed the competent body to hear the decision of the appeals was the Head of the Institution. This decision raises serious practice arbitrariness by Entities under, they were the Committees Who solved special administrative measures that generated wrong, usually in the awards of the Good Pro-and were the owners of the entities who solved the appeals by bidders and subsequently exhausted the administrative authority.

With vocation amendment, understand it, by Law No. 28,911 dated December 3, 2006, consistent with the Supreme Decree No. 028-2007-EF dated March 3, 2007, amending articles of the Law and Regulations relating to the appeal, established that the appeal is filed with and resolved by the Court of Contracting and Procurement. While this decision gives greater assurance to the challenger, to enable it to be a neutral body, the Court of the State Procurement, which resolved the appeal filed, generated at the same time, problems in access to justice, because the Tribunal's Chambers were centralized in the city of Lima, becoming an obstacle to the time of oral argument, request verification and / or review of the record, to even address the marking of the procedure for bidders in the cities far from the capital.

The new rules state contracts, we return to the previous system, with another variable, returning to the holders of Supreme power resolve such objections on appeal under the six hundred (600) Tax Units (UIT), ie, minor processes, direct awards, public contests, and much of public tenders. Perhaps the alternative would have been decentralized to create rooms in the main cities, remain vested in the Court of State Contracting know those appeals which come in larger processes to direct awards, and the lower amount, which is Besides, where there is more burden-are known by the holders of the Entities, but took the decision and the legislature, and hopefully Supervisory Body Government Procurement (hereinafter OSCE), perform efficiently monitoring public procurement.

b) Competition for qualitative regulatory .- The legislature chose to deliver the solution of certain disputes to the Court of State Contracting solely and exclusively, in a sort of improper appeal. So, that regardless of the referential value of the selection process, stated in the preceding paragraph, "all acts issued by the Head of the entity that officially declared void or cancel the process, should be submitted, processed and brought before the Court referred. In this regard, it is difficult to understand reasonably, the reason why the legislator responsible for this kind of competition the Tribunal, excluding other types of conflicts or disputes that because the amount of the reference value are known by the owner of the entity, when applicable. Seem-to-guess how the regulatory legislator questions the adequacy of the bank in the resolution of disputes through appeal process, so that dispute settlement charge higher degree of difficulty, the Tribunal.

Similarly, and under the provisions of the Thirteenth and final supplementary provision of the Act, "was entrusted to the Court jurisdiction to hear and resolve disputes arising the selection process of recruitment that are under the scope of international treaties or agreements which make commitments on public procurement. That is, the legislature gives them the necessary guarantees to suppliers from countries with which Peru had a treaty or international engagement, probably violating the constitutional principle of equality, so under that domestic suppliers and foreign (not that their countries have the signing of a treaty or international engagement) are governed by competition contained in the preceding paragraphs, however, countries with international treaties enjoy a jurisdictional regime solution differential dispute.

3.2. Persons authorized.
a) Right of action .- It is inherent to the nature of the resource that is raised by the citizen and not an administrative body to counter because it is necessary to support the decision results in harm to the person concerned. This is why the locus standi the aggrieved bidders have the decision of the Special Committee or body responsible for procurement, as appropriate.

That is, a particular bidder which is not in the process or lost such status for the disqualification of its economic and technical proposal or withdraw from the process, or you are under the mandate normativo impedido para participar en el proceso, carecerá de la legitimación suficiente para poder interponer recurso impugnativo de apelación.

b) Legitimación pasiva.- Es evidente que la legitimación pasiva la tiene la Entidad, específicamente el Comité Especial o el órgano encargado de las contrataciones. Es necesario tener presente, que en el caso que la decisión del órgano a cargo de la resolución de la apelación afectase derechos e intereses de otros postores, se pone en conocimiento o se corre traslado de la apelación, para que en el plazo previsto se puedan presentar los respectivos descargos.

4. Elementos objetivos.
4.1. Actos impugnables.- El objeto de los recursos administrative claim is seeking the repeal or reform of the administrative act contested. It is therefore important to examine what are the acts which repeal or reform can be claimed in this way. In this regard Article 105 of the acts challenged regulation states the following:

a) The acts dictated by the Special Committee or the body responsible for procurement, as appropriate, during the selection process .- Many are the acts that can be mentioned, including the evaluation of technical and economic proposals, awarding the bid, the administrative act that declares void the process, among others.

b) The acts issued after he was granted the Award and before the conclusion of the contract .- Among them we can mention the administrative act of the entity under which expresses the refusal of signing the contract, either by budget cuts, by express provision or because the need has recruited, and at the administrative act that materializes the loss of good pro, by the refusal to the signing of the contract, within the period specified in the rules.

c) The acts issued by the Head of the institution that affect the continuation of the selection process, other than those that resolve appeals, such as automatically void and cancellation .- Regarding the former, the Act in its Articles 10 and 56 specifically refer to grounds for revocation of trade, the same way, Article 34 of the Act and Regulation 79 of the grounds provided for cancellation of the selection process.

4.2. Acts not challenged .- The Regulation is responsible for determining the facts which are not subject to appeal through questioning, being among them, the following:

a) The actions and acts preparatory to the convening entity, designed to organize selection processes carried out in ITER .- procurement process, we can observe three stages or phases different, we refer to preparatory acts, acts of selection, and contract execution. The Regulation does not specify, what acts or preparatory acts are not actionable, we must try to interpret that absolutely all acts performed before the call, including: (i) the requirement of the user area, (ii) the determination of technical specifications of services, goods or works to hire, (iii) the request for quotations, (iv) determining the reference value, (v) the separation of application and budget, (vi) approval of the tender dossier ( vi) the establishment of the special committee, and others that we to be ignoring.

b) The basis of the selection process and / or integration .- Both the Law and the Regulation have been responsible for conducting and determining the content of the bases, as can be seen in Article 26 of the Act, reaching homogenized end Bases with Directive which will establish the basis Standardized compulsory. It is therefore not take place to question the basis of the selection process, but when there is doubt about the contents of the databases, or the content of the bases is contrary to law, bidders can move your questions and formulating their observations (the bases).

Similarly, the database integration is the stage where Once acquitted all inquiries and / or observations, the bases are integrated as final rules, with no possibility of being questioned, as mandated by Article 59 of the Regulation.

c) The material proceedings relating to the programming of the selection process in the SEACE and those concerning the registration of participants .- The updating and entering information in the SEACE and the actual registration of participants, are actions of the Management mere formality. However, in more than one occasion we have witnessed conflicts over the registration of participants, and the animus, of certain entities, to restrict the participation of as many of bidders, thus violating the principle of free competition.

d) Acts approving the waiver of the selection process .- The defenses of the selection process are exceptional and extraordinary events that require to be covered in some of the procedures laid down in Article 20 of the Act, must comply under responsibility for certain formalities for approval as a Resolution of the Head of the Association Agreements, the Board, Regional or Municipal Council, which by rule of statutory rule can not be challenged through appeal.

5. Opportunity and loss of the right of appeal.
The march orderly process makes it imperative that the law is a term point for bringing proceedings, whatever the nature of the Orders of the administrative body. In relation to this, the rules under review provides the opportunity to lodge an appeal after the grant is the Good Pro In that respect, the Regulation in Article 27 specifies that the appeal against the declaration of the Good Pro or against acts adopted prior to it must be filed within eight (8) working days from being awarded the Good Pro For Direct Awards and Awards of Small Claims, the term shall be five (5) days business. The

Similarly, the standard referred to in the preceding paragraph, states that the appeal against the earlier acts and different to the granting of the bid must be filed within eight (8) working days of having taken cognizance of the act you want to challenge , stating further that in the case of direct awards and awards of Small Claims, the term shall be five (5) working days.

Thus, it is clear that there are different deadlines for filing the appeal, a first term that applies to the tenders and tender, which is eight (8) days, either, since the granting of have good pro or taken cognizance of the act that wants to contest, and a second term, short for direct awards and the Small Claims Adjudication, whose time for filing an appeal is five (5) business days, after which, it preclude the right, ie, if submitted on appeal, an injunction shall be declared inadmissible.

In comparison with the last pass legislation, Supreme Decree 028-2007-EF, which amends Supreme Decree 084-2004-PCM, Article 152, we note that in relation to direct award-public or selective - Awards and Small Claims, the deadline for appeal appeal is reduced to eight (8) to five (5) working days. We believe that this reduction is reasonable, considering that within five (5) working days is sufficient to document, prepare and submit the appeal.

6. Effects of the filing of the appeal.
The filing of the appeal has the main effect of suspending the selection process until the administrative body competent to rule on the fact or material administrative act of questioning. It should therefore be clear that if what is at issue is an item, stage, lot, parcel, tract or another, the suspension only affects and exclusively to the item, stage, lot, parcel or section questioned. Therefore, any act that contradicts the Bank's mandate suspension of the process is void of pure law, and although the Act and Regulations do not specifically provide, he or officials and / or servers that ignore the terms of suspension the process, are liable to administrative responsibility as established in subparagraph d, of Article 28 of the Basic Law of the Civil Service and Public Sector Wages, D. Leg. No. 276.

At the same time, the load regulation in the task to the Bank or the Court, as appropriate, to report on the tab of the selection process contained in the case filing SEACE appeal of the day was presented by parts table.

7. Review of admissibility and procedurability.
71. Review of eligibility .- The eligibility review is to establish if the appeal is admissible. That is, the administrative body responsible to check whether the resource has all the requirements of form, of course, no extrinsic eligible (Rule 109) the responsible body should be declared inadmissible the appeal, and consequently give a period not exceeding two (2) days for remedying the appeal, or exceptionally, refuse the application for injunction apelación, si se trata del incumplimiento del numeral 8 del artículo 109 (la firma del impugnante o de su representante) del referido Reglamento.

7.2. Examen de procedibilidad.- El examen de procedibilidad supone verificar si el recurso de apelación contiene todos los requisitos de fondo; por lo que, corresponde al órgano administrativo responsable, comprobar en forma manifiesta el cumplimiento de los requisitos establecidos números clausus en el artículo 111 del Reglamento ; caso contrario, declarara de plano improcedente el recurso presentado, debiendo expresar los fundamentos de su resolución y devolviendo los anexos respectivos.

8. La garantía.
La garantía por interposición del appeal shall be granted, as appropriate, for the OSCE or the Bank. According to the new rules, the guarantee is equivalent to three percent (3%) of the reference value of the selection process or item that chooses to contest. Pointing out that the guarantee may not be less than fifty percent (50%) of one (1) ITU.

This new legal provision, significantly increases the guarantee that supports the filing of the remedy of appeal, from one percent (1%) to three percent (3%) the reference value of the selection process or item to be decided challenge, also provides that the minimum ceiling of the security will increase from five percent (25%) fifty percent (50%) of one (1) ITU.

believe in principle that this provision creates tort law the Constitution specifically Article 139 paragraphs 3 and 14, also violates a binding precedent gone to the Judgement of the Constitutional Court, File 3741-2004-AA/TC, which lays down a substantial in its ground literal B 50) that "any bill that has been established within an administrative proceeding as a condition or prerequisite to challenging an act of the government itself, is contrary to the constitutional rights to due process , request and access to judicial protection and therefore the rules that allow it are invalid and can not be claimed from the publication of this sentence. " Similarly, consider the arguments weak issued in the Resolution No. 149-2007-TC-SU (Procurement Tribunal of the State) in their bases 3 and following, which inter alia states that "one must distinguish the Warranty is a charge for handling fee, or that payment which extinguishes a preexisting obligation between creditor and debtor, but a legal instrument intended as a condition of eligibility (...) "(...) it looks for bidders interposed their appeal to fundamentals do support the view that they have the right, thereby decreasing challenges dilatory purposes (...). "

The truth is, that the requirement of payment of the guarantee as a condition of eligibility, coupled with the power to have the heads of the agencies to resolve appeals may contribute to the arbitrary exercise by civil servants and public animus often with little transparency in the conduct of the procurement processes of the state.

It should be noted that the Regulations, Article 112, refers to the guarantee must have a minimum term twenty days (20) calendar, to appear before the Court, the security must have a minimum term of thirty (30) calendar days, must be renewed, in either case until it is exhausted the administrative , being an obligation of the impugned conduct such renewals in a timely manner, otherwise the application will be considered not submitted.

Also, the regulation mentions two kinds of security by bringing an appeal, the same shall be subject to election by the challenger, see:

a) Guarantees issued by financial institutions .- This Warranty must be unconditional, supportive, irrevocable and automatically in the country for the sole request of the Company or the OSCE, as appropriate, under the responsibility of companies that issue them, the same shall be within the scope of supervision of the Superintendency of Banking, Insurance and Private Pension Funds or be considered in the final list of first-class foreign banks which periodically publishes the Central Bank of Peru.

Regarding this, it is necessary to refer to the new regulatory framework for procurement of the State, in its purpose of safeguarding public administration, overloads the presentation of guarantees, so, the bidder must submit, as appropriate, a bid security of supply at the moment to present their technical and economic proposals, too, will be presented, where appropriate, a performance bond for contract signing and finally, a warranty, if the situation warrants, by filing of an appeal.

b) The securities on deposit .- This type of guarantee may be a deposit in the bank account of the Company or the OSCE, as appropriate. To this end, the Bank, as the OSCE should be available to bidders the number account and the name of the bank where they can make the deposit.

The problem with this type of guarantee is the return of the same, when the appeal is declared admissible, especially if the deposit is made on behalf of any entity other than the OSCE, that because of that Public Service resource management go through a set of administrative procedures, which by their desire of safeguarding the transparency and good management of the treasury, end up creating red tape.

9.
procedural structure 9.1. Procedural structure of the appeal filed with the Company. As it
legislature has established the regulatory, resolution of the appeal may be delegated, it is necessary to save the following formula: (i) must necessarily be a decision of delegation of authority, and (ii) the delegation can not rest on any member of the Special Committee or body responsible for the procurement of the Bank, if it has under its responsibility to carry forward the process of government contracting.

The appeal must register with the SEACE the same day it was filed. If brought two (2) or more appeals regarding the same process or item, the Bank may accumulate in order to solve them together, provided they keep connection. The deadline for resolution of such resources will be accumulated within the last appeal or cured.

The Bank will notify the appeal to the bidders that might be affected by the determination of the appeal, within two (2) working days from the filing of the application or the correction of the omissions apparent in the presentation of same, as appropriate. The bidder or bidders placed may acquit the transfer of the appeal within a period not exceeding three (3) business days. The Bank shall decide the acquittal the transfer or not. By filing the appeal or to acquit him, the challenger or the bidder may request the use of the word, which must be made within three (3) working days after completion of the deadline for the acquittal of the transfer of the appeal.

The Bank shall decide the appeal and notify its decision through SEACE, within a period not exceeding twelve (12) working days from the filing of an appeal or from the correction of any omissions or defects observed in the presentation thereof. In order to resolve the appeal, the Head of the Institution, or to whom it has delegated that authority must have a legal technical report on the challenge issued by the corresponding areas of the institution. This report may not be issued by the Special Committee or the body responsible for the procurement of the Company, as applicable.
The challenger must assume that his appeal was dismissed, operating the constructive denial, when the corporation does not resolve and notify his decision within a period of twelve (12) days following the presentation or remedy of appeal to purpose of bringing the action under administrative.

9.2. Structure of the appeal proceedings before the Court.
The regulation requires a distinct process for those processes that come before the Court, which by its very nature and by the actors and institutions involved tend to be more complex.

is thus referred to in regulation that, if brought two (2) or more appeals regarding the same process or item, regardless of the contested decision, the Court will be joined in order to solve them together, unless substantiated reasons decides otherwise.

admitted the appeal the Court shall transfer, within a period not exceeding two (2) working days after the entity that issued the contested decision, requiring them to refer the full tender dossier. The Bank shall notify the decree admitting the appeal process to the bidder and / or bidders than the challenger that could be affected by the decision of the Court.

Within three (3) business days, the Bank is obliged to refer to the Tribunal the full tender dossier for the selection process, which should include proposals from all bidders, including also the same as a precaution A technical report on the legal challenge, which expressly stated the position of the Bank on the grounds of appeal filed. Simultaneously, the institution must submit documentation attesting to the notice of the decree that declared admissible on appeal to the bidder and / or bidders other than objecting that could be affected by the decision of the Court. The breach of these obligations by the Authority shall be notified to the Authority Institutional Control of this and / or the Comptroller General of the Republic and generate accountability in the Head of the Institution.

refer the case to the relevant Chamber of the Tribunal, whether or not the acquittal of the bidder or bidders will be affected, it has a term of five (5) working days evaluate the documentation on the record and, if necessary, to declare that it is ready to resolve. The Court deemed relevant may, for once, request additional information from the Bank, the third and objecting to raise the necessary documentation for adjudication, it being extended the assessment period referred to in the preceding paragraph for the term needs, which may not exceed fifteen (15) days. Should have been granted, ex officio or upon request, the use of the word for oral argument, the request for additional information may be made after the relevant public hearing.

The Court shall decide and notify through SEACE resolution within five (5) working days from the date of issuance of the decree declaring that the file is ready to resolve. When the appeal so requires, for purposes of its decision, the Court may make requests for information to entities or natural or juridical persons it deems necessary, whether or not parties have questioned. We

clear-as-imperative that organizations and individuals or legal entities that have been required to provide information, must do so within the stipulated timeframe and under the responsibility. No However, we believe there is an absurdity of the regulatory legislature, to presume or infer that failure to provide or provide the required information (to the winner of the Award), this behavior will be appreciated by the Court at the time resolve, ie the Court, or the entity or any governmental authority, can make a presumption against any managed; contrario, and as understood doctrine, due process under the Constitution can not be understood field reduced to the strict prosecution criminal conduct, but must also be understood that underlies the adoption of any administrative and legal decision .

10. Withdrawn.
The waiver is the manifestation of will made by the challenger, by which he expresses his desire not to continue with the appeal he filed, the same is pending. The withdrawal in the contested appellate process is not presumed, so much so that the legislature has established as regulatory requirements as follows: (i) the notice of withdrawal must contain signature legalized by the notary, the Secretary of the Tribunal affidavit of the entity, or Magistrate, as appropriate, and (ii) the time to show or express the will of the withdrawal of the appeal, before pleading preclude that the file is ready to resolve. Similarly, the substantive requirement is that the act of questioning concerning the public interest does not compromise, otherwise, the court or agency may not grant the waiver requested.

The withdrawal should be accepted by resolution, terminate the administrative proceeding, establishing himself as a kind of penalty, the execution of one hundred percent (100%) of the warranty.


11. Constructive denial.
Retaining the same articles of the law repealed, the Government Procurement Act has established that in the event that the Company or where the Court of Government Procurement, as appropriate, not resolve and report its resolutions within the deadline fixed by regulation, stakeholders consider their appeals denied, may file the administrative action against constructive denial within relevant legal. In these cases, the Supreme Court or the State Contracting return the warranty provided, annexed to the appeal.

12. Exhaustion of administrative remedies.
The decision of the Court or the Authority, as required, to resolve the appeal or constructive denial, not to issue and notify its decision within the periods given by exhausting administrative remedies. In fact, the omission notice and resolve the appeal within the prescribed period generates functional responsibility of the Chamber of the Court or the Head of the institution and official who had been delegated the function to solve, being necessary to the appropriate disciplinary procedure.

13. Was binding precedent.
The law establishes that, through resolutions adopted in plenary session set was binding precedent. That is, not the State Contracts Tribunal, which issued resolutions as a matter of binding precedent, but agreements are Plenary, which eventually may clarify certain solutions to problems, has set precedents reaching compulsory enforcement.

believe that a valid argument and reason or sustainable to establish the precedent of mandatory compliance is the need for some certainty and uniformity in the courts to issue rulings on Government Procurement and now Holders of the Bank, in cases or similar facts. This will allow a sort of unity in the interpretation of applicable law and the assertion of legal certainty as a value to be protected by the relevant administrative agencies.

Now, the search for uniformity, certainty, predictability, among others, should not be in contradiction with the natural legal innovation and constant change to which we submitted a globalized world and its own public morals so by law or by agreements Plenary possible and / or necessary to make changes was binding precedent, always and when, it sustains and justifies its reasons.

For its part, the regulation provides as imperative that all entities and the Boards are required to hear appeals pursuant to know the precedent of existing compulsory.

Ross Kemp Jamaica,song At End

The principles of presumption of truth and privilege further checks in hiring

By: Omar J. Candia Aguilar.

Contents: 1. Preliminary notes explanatory. 2. Important feature and function of the principles in administrative law. 3. The principle of presumption of veracity. 4. The principle of checks. 5. The entity responsible for the subsequent inspection. 5.1. Prior consent of the bid. 5.2. After the consent of the bid. 5.3. During the challenge procedure. 6. The correlation between the principle of presumption of truth and privilege checks.

1. Preliminary notes explanatory.
procurement processes and public procurement, regulated by the TUO of the Law of Contracts and Procurement, DS 083-2004-PCM (the Act) and Regulation of the Law on State Procurement, DS 084 - 2004-PCM (hereinafter regulation), among other rules of special character, have established that the procurement processes with the State are governed by the following principles: i) principle of morality, ii) the principle of free competition, iii) the principle of impartiality, iv) the principle of efficiency, v) the principle of transparency, vi) the principle of economy, vii) the principle of technological validity, and viii) the principle of fair and equal treatment.

The regulation does well in pointing out that the application of the principles numbered in the preceding paragraph is without prejudice to the validity of other general principles of administrative law and common law. We understand, in a practice match analysis, which is applicable in paragraph 2 of Article II of the Preliminary Title, consistent with the third and final supplementary provision of the General Administrative Procedure Act, Law No. 27444, which provide, inter alia, that "special procedures established and regulated as such by the law states, based on the uniqueness of the subject, additionally governed by this Act in those areas not covered and which are not explicitly treated differently, "adds that" this bill is supplementary to the laws and regulations and other existing procedures when not contradict or conflict, in which case special provisions prevail. "

It is because of all the above, the various Chambers of the Tribunal of State Procurement, have been applying the principles that are the subject of study of this work, and form part of the general principles of administrative law.

2. Important features and functions of administrative law principles.
In the Common Law as Administrative Law, there are principles that are applied additionally in contracting and procurement, as we implied in Article 3 of the Act the common law general principles are not fully listed and / or collected in positive rules. Therefore, the teacher says Marcial Rubio, general principles of law are concepts or propositions axiological or technical nature, that inform the structure, mode of operation and content of standards, regulatory groups, sub-assemblies, assemblies and the law itself as a whole. Can be collected or not the legislation but we are not not preclude the existence or operation.

Administrative Law In contrast, the principles are explicitly numbered (although these are not exhaustively as established by the General Administrative Procedure Act), these principles are the inspiration of the order which they belong, and become, shall we say , on the substantive essence of it, with different functions that further studies. In this regard, Dr. Juan Carlos Morón, we required that the principles are two inherent characteristics that are unchanging: a) precedence over other legislation to which it relates, and b) have a dynamic potential, on the bases of the qualities of elasticity, expansion and protection which make it applicable to any present or future reality for which the legislature has not provided an express rule that is required to give affirmative.

It follows the rules in force in administrative law principles conform to the following functions: i) as interpretative approach to resolve issues that may arise in applying the rules of procedure, ii) as parameters for the generation of other general administrative provisions, and iii) to address gaps in the administrative system. Also, contracting and procurement, in addition to the above functions, we consider the following: iv) as parameters of performance of officials and agencies responsible for procurement, and v) ensuring that public sector entities to obtain goods quality services and work required in a timely and appropriate price or cost. In this regard, the Tribunal Procurement and Procurement, by Resolution No. 934-2005-TC-SU, dated September 14, 2005 teaches us that, "glossed standards, we can infer that the provisions of the bases must be consistent with the principles underlying the state procurement system, so it is not enough to accept those that have been expressly provided for in the foundation, simply by being part of this, without analyzing any way in connection with a specific question, its nature, reasonableness and relevance in the selection process, aspects that can not be ignored, because these principles serve as criteria for resolving interpretive issues that may arise in the application Law and Regulations, as parameters for the conduct of officials and agencies accountable. "

3. The principle of presumption of veracity.
This is a proper principle of administrative procedure through which the public a-priori, rebuttable presumption that the act of the administration in the presentation of documents and statements responding to the truth of the facts they assert .

Under this principle the government is in a legal duty to give accurate credit to the performances of the run, rest upon procedural good faith. However, it is necessary to specify that this presumption is not absolute, but it is a rebuttable presumption that rebutted, when informed by other managed or through checks and information handled by the administration, it can prove that the performance of managers ( in the presentation of documents and statements) is not true, in this hypothetical case affect the principle of presumption of veracity.

is necessary to clarify that for the involvement of this principle necessarily requires evidence to the contrary "that the manager's performance are not consistent with the truth of the facts stated" it is not enough evidence, conjecture or evidence of probability.

However, this noble principle that our thinking is crucial in the administration, has been generating an improper use of different bidders in the procurement processes and acquisition of state who in order to achieve the rating of or technical proposals in order to get a better score or rating in its technical proposal, have been adulterating pay stubs, letters, contracts, among others. Hence, there is the need without affecting the principle field of study, you can put a stop to the abuse of that principle to strengthen the mechanisms of checks.

regard, The Court of Contracts and Procurement, by Resolution No. 1120-2008-TC-S2, dated April 16, 2008, states that although the public administration must assume that the statements of the administered respond to truth of the facts they assert, it is also true that the principle of material truth, referred to in paragraph 1.11. Article IV of the Law No. 27444, General Administrative Procedure Act, the College must consider the provisions of this Act, regulating "(...) when holding trilateral administrative authority is authorized to verify by all available means the truth of the facts which are proposed by the parties, without this meaning a place of duty appropriate to them as evidence. "

4. The principle of checks.
for rule of law, by this principle, the power is given to the public of the implementation of the subsequent audit, which implies in turn that the government makes a triple assignment: i) check accuracy of the information presented; ii) to verify compliance with the substantive regulations, and iii) apply the sanctions in case the information submitted is not accurate.

share with Dr. Juan Carlos Morón when he asserts that further controls unlike the ex ante controls, are based on respect for individual freedom and trust given that the State deposited on the accuracy of their actions and statements, and furthermore, it becomes a contribution to the consolidation of constitutional rule and law.

In order to give functionality to this principle has been legislated, the entity to which it is made an automatic approval procedure or appraisal, is required to verify on its own through the sampling system, the authenticity of the statements of the documents, information and translations provided by the citizen. However, in relation to contracts and procurement of the state, the fragility of government institutions, to oversee a-posteriori information submitted by the administrators, which has generated administrative impunity administrators who dazzled by obtaining a good pro, forged documentation.

The Court of the State Procurement, in Resolution No. 1193-2007.TC-S2, dated August 21, 2007, indicates in relation to the first treaty that "for questioning by the objecting of the authenticity of the work presented by the winner of the Award, it is noted in paragraph 1.16. Article IV of the introduction of Law No. 27444, Administrative Procedure Act (the LPGA), expressly recognizes the validity of the principle of further checks, according to which the public sector entities must give priority to further control techniques rather than preventive control techniques in the proceedings taking place under its jurisdiction. In this sense, the Administration has the duty to check the veracity of the documents submitted by citizens and by punishing their falsity, after completion of the procedures leading. "

5. The entity responsible for the subsequent inspection.
The government has legal obligation to self-initiate the subsequent inspection of documents and statements made by the administrators. Now this subsequent inspection is performed by the entity with which it performed a procedure for automatic approval or appraisal, the administration uses the sampling system to meet this legal requirement. In

contracting and procurement, the subsequent inspection is given as follows:

5.1. Prior consent of the bid as required .- Under the regulation, Article 45, the selection processes are conducted by a Special Committee, which is responsible for its organization and implementation, competent, inter alia, to: i) develop the bases ii) convening the process; iii) answer inquiries and observations; iv) evaluation of proposals; v) give good pro vi) declare the process; vii) check or propose amendments to the technical characteristics and reference value and, viii) any act necessary for the development of the selection process until the consent of the bid.

That is, one can easily deduce (from the last competition of the Special Committee) that the administrative body competent to perform the subsequent inspection prior consent of the bid is the Special Committee provided they do not contravene the principles of efficiency and economy set out in Article 3 of the Act

5.2. After the consent of the bid spoiled .- Once the bid, the Special Committee ceases to hold office from the entire process documentation (rules, resolutions of appointment of the Special Committee and approval of bases, etc.) To dependence responsible for procurement and contracting entity, which will assume jurisdiction since then to implement actions designed to formalize the contract.

We can therefore say that the unit responsible for procurement and contracting entity, which should automatically perform the audit sample referred to the General Administrative Procedure Act, the same comprising at least 10% of all records subject to automatic approval mode, with up to 50 cases per semester.

5.3. During the challenge procedure .- The regulation is clear in stating that the appeal is filed with and resolved by the Court of Contracting and Procurement. In other words, is the Court, the Board basically competent, who would have performed the post, if any, which is the subject of inquiry, by one or more bidders, the documents or statements submitted in the procurement and acquisition process state.

That is, contrary to questioning the credibility of the documents and / or statements made by a particular bidder, the Court by the competent Chamber would have to perform ex-post audit. Thinking about it, the legislator provided for in Article 160 of the Regulations, that "all entities, whether or not parties to the appeals procedure are required to submit the information required by the Court within the time granted them under the responsibility ". However, in a case where the object of dispute was the alleged false filings by a particular bidder, the Court through the Second Board discussed the following fundamento “ahora bien, respecto a la presunta falsedad de la Factura 001-N° 000241, este Colegiado dispone que toda la información contenida en la propuesta técnica presentada por el postor (…) debe ser materia de una fiscalización posterior, con la finalidad de tener la certeza de que, en efecto, toda la información proporcionada por el citado postor, es veraz; y cuyos resultados deben ser comunicados al Tribunal en un plazo no mayor a los treinta (30) días hábiles de notificada la presente resolución, bajo responsabilidad del Titular o máxima autoridad administrativa de la Entidad ”

Entendemos, que la decisión del Tribunal de trasladar la responsabilidad de control o fiscalización after the entity which organized the recruitment process and state acquisition, is based on the short time you have to solve, especially when the entities required to submit the required information ignored.

6. The correlation between the principle of presumption of truth and privilege checks.
rebuttable presumption that the administration made public all documents and / or statements made by managers are credible, it must necessarily be accompanied by the subsequent control based on the principle of privilege checks. We believe that the principles of presumption of veracity and privilege of further controls complement, integrate, and one can not exist without the other. Such is the case, it would be very risky to be considered, or only existed, the presumption of correctness, because the managed, could rampant misuse of this principle, without which the State may make further checks . On the other hand, no sense that the government carries out the ex post facto if, previously performed the control of documentation and / or statements of the governed.

However, as we have pointed out, despite being instituted in our post-audit system is have denounced the procurement, significant events of tampering with invoices, contracts or other documents, in order to achieve the production of the bid in a given process. Against this, we note the ineffectiveness of public administration or a low efficiency, exemplary punishment to these facts.

In this context, we consider wise to the promulgation of Supreme Decree 093-2007-PCM, published on December 14 of last year, which provided, among other things, the creation of the Central Administrative Risk of exclusive access public entities, which must be registered to people who have been guilty, information or false documents or fraudulent under the automatic approval procedures or prior ASSESSMENT. In that regard, on February 16, 2008 has been published Resolution No. 048-2008-PCM, the same as that adopted Directive No. 001-2008-PCM "Guidelines for the implementation and operation of the Central Administrative Risk "the same possession, the obligation of public entities to designate persons who transmit the data given in missing, officials may use the registry and the questioning and contesting the run against the information contained herein.

Consistent with above, we consider it necessary within the Central Administrative Risk can be a unique data managers responsible for the submission of fraudulent documentation in the procurement processes and procurement.

Can Burping Be A Stomach Virusburping Nausea

Palace Wedding in Alameda

Im Looking For Clipart For Writers

Mio Gioconda

I am so because someone had to be

Sorry if you do not deserve your attention.

Nobody is perfect.

I'm like, I know.

But make no apologies for it.

I'm not a bottle to fill, but a fire to stoke.

My character is my destiny.

My talent is formed in solitude, my character in the bustle.

I won, nobody takes me.

I laugh last, because I'm slow and I know that mosquitoes die to applause.

But I am well, because someone had to be.

merexco Sorry if your attention.

DAVID GOMEZ

PD. Thanks

Montaigne, Heraclitus and Goethe.

PD.2
Leave comments

pussy!

Greetings to all.

Yellowwood Complete Fingerboard

La Fiesta de las Flores

En el Alto de Colón de Valencia, un Evento familiar fue el escaparate para esta manifestación artística, donde las Flores asumieron un papel central y protagonista.

Las Orquídeas , Peonías , Hortensias or Ponseti, stem to stem, competed to show off their beauty in an enviable location.

Another great and different work of ours, which you have a few pictures.