Citas bibligráficas
Hancco, H., Paullo, R. (2021). La pérdida de ejecutoriedad de los actos administrativos (resoluciones de sanción y multa) firmes y consentidos en la Municipalidad Distrital de San Jerónimo – años 2015 y 2016 [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/4299
Hancco, H., Paullo, R. La pérdida de ejecutoriedad de los actos administrativos (resoluciones de sanción y multa) firmes y consentidos en la Municipalidad Distrital de San Jerónimo – años 2015 y 2016 []. PE: Universidad Andina del Cusco; 2021. https://hdl.handle.net/20.500.12557/4299
@misc{renati/959236,
title = "La pérdida de ejecutoriedad de los actos administrativos (resoluciones de sanción y multa) firmes y consentidos en la Municipalidad Distrital de San Jerónimo – años 2015 y 2016",
author = "Paullo Davalos, Ruth Maribel",
publisher = "Universidad Andina del Cusco",
year = "2021"
}
This research addresses the loss of enforceability of firm and consented administrative acts (sanction and fine resolutions) issued by the district municipality of San Jerónimo, this issue is related to the political, economic and administrative autonomy granted by the Political Constitution to the local governments and that is embodied in Law No. 27972, Organic Law of Municipalities which empowers the provincial and district municipalities to regulate, regulate, administer their internal organization through ordinances that have the rank of law and according to their needs. The law empowers the exercise of a sanctioning capacity within the scope of their jurisdiction, making them responsible for the application of a sanctioning procedure regulated in Law No. 27444 and its Single Ordering Text approved by Supreme Decree No. 004- 2019-JUS with which they must respect the principle of due process. This does not limit that said municipal entities can approve and / or implement directives, manuals and / or internal procedures that can serve as a guide for the application of current national regulations, in addition to that, the national legal system implements regulations that regulate economic development. local and urban development in an orderly manner, being the function of the municipalities to enforce these norms by applying speedily in the due process that guarantees the right of defense of the administered. When we speak of speed, we speak of speed and effectiveness within a sanctioning procedure, but this goes hand in hand with the knowledge and capacity of the officials and servants who will intervene and train in said procedure, since ignorance or trying their luck could result from the start of the inspection, collection of evidence, notifications, findings and other acts until the issuance of the administrative resolution of sanction and fine is unsuccessful, due to the fact that derived from the administrative file containing the administrative act that constitutes an executive title that endorses the obligation of giving, doing or not doing in favor of the state, evaluated by the coercive area in charge of the forced execution, this is returned due to gaps and / or deficiencies that lead to its invalidity, adding to this that these deficiencies are never resolved or corrected and when remaining in oblivion they are victims of the deadlines established by the norm and they become unenforceable s, contributing to impunity on the part of offenders who are aware of the modifications of the norms and avail themselves of the prescription and expiration mechanisms that are punishments for inaction by the state in the face of administrative offenses. In this research, the socio-legal methodological design has been considered, which in its development narrows the relationship between the normative system and the social reality, emphasizes the efficiency of the norm to meet the objectives of the legislator and the purpose of the state and against the regulated facts, problems or person. For this reason, we will evaluate the reasons such as the loss of enforceability of the administrative acts due to the delay of time, constitute a means that contributes to impunity and violates the principle of authority that is compared with inefficiency, we will also evaluate proposing or providing possible solutions; in order to serve as a model for future research that intends to propose modifications in the legal system based on socio-legal research.
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