Bibliographic citations
Gutierrez, P., Llacta, H. (2022). Factores que inciden en la aplicación de la ley nº26979 del procedimiento de ejecución coactiva en la Municipalidad Distrital de San Jerónimo para la ejecución de resoluciones administrativas. [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5485
Gutierrez, P., Llacta, H. Factores que inciden en la aplicación de la ley nº26979 del procedimiento de ejecución coactiva en la Municipalidad Distrital de San Jerónimo para la ejecución de resoluciones administrativas. []. PE: Universidad Andina del Cusco; 2022. https://hdl.handle.net/20.500.12557/5485
@misc{renati/957842,
title = "Factores que inciden en la aplicación de la ley nº26979 del procedimiento de ejecución coactiva en la Municipalidad Distrital de San Jerónimo para la ejecución de resoluciones administrativas.",
author = "Llacta Amat, Heldy",
publisher = "Universidad Andina del Cusco",
year = "2022"
}
The purpose of the present investigation is to analyze the bills that affect the application of Law Nº26979 of the coercive execution procedure in the district municipality of San Jerónimo, this taking into account that the aforementioned law of execution has a T.U.O and is applied to administrative acts that have become firm in accordance with Law No. 27444 – Law of General Administrative Procedure, when referring to administrative acts we refer to administrative resolutions that culminate in fines, payment orders, determination resolutions and others that are imposed on those administered for the omission or commission of not complying with the administrative regulations regarding operating licenses, construction licenses, civil defense, licenses for occupation of public roads, tax obligations, etc. After the issuance of these administrative sanctions that acquire firmness, the application of Law No. 26979 and its T.U.O is made, by which the forced execution is applied and the initiation of a coercive procedure is implemented, a special characteristic of this procedure is that during its processing it is not possible to file appeals contemplated in the law, since the substantive issue has been deliberated in the units of the public administration that determined the administrative responsibility, in this sense, its sole purpose is merely the execution of the obligation to give , do's and don'ts. However, it has been verified that in most cases the companies or taxpayers resort to the application of subsection e) of article 16 of the Coercive Execution Procedure Law, which suspends the coercive procedure until the issuance of a consented sentence. It has also been verified that the companies or taxpayers resort to the application of article 23 of the Single Ordered Text of Law No. 26979 where the obligor can repeatedly present a procedural mechanism called Demand for Judicial Review of the Coercive Procedure. The effect of the presentation of the Demand for Judicial Review and the contentious-administrative demand leads to the suspension of the coercive procedure, only with the presentation to the Coercive Executor of the charge of presentation before the table of parts of the Judicial Power (Without Auto Admisorio) with the consequent lifting of precautionary measures (Embargoes) duly dictated or issued. Observing that this procedure favors the obligors by being able to dispose of their assets and transfer their assets in order to evade the collection action. Likewise, it is noted that these articles cause damage to the state by preventing the collection of entities to meet social needs and by suspending coercive collection due to the filing of the lawsuit, there are cases in which we not only talk about the collection but also of the social impact due to the limitation of the principle of authority which is limited in many cases, even harming the population that is affected in situations such as road invasions green areas or areas of contribution and that the judicial processes have an approximate duration of 3 to 7 years until the judicial instances are exhausted, meanwhile the infraction continues and the damage continues to be caused in the population and towards the same state. In the present investigation we will develop that those obliged to present their demands do so knowing the procedural burden that the Judiciary has and seek the suspension of the coercive procedure only in order to delay and avoid administrative sanctions and obligations. This research is of a quantitative type, because it will use data collection instruments that will prove the purpose of the study and its legal relevance. and will contribute to the legal community for the solution to a problem that is reflected in a daily reality and that is faced by the public administration.
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