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competency law » competency a (Expander búsqueda), competency _ (Expander búsqueda), competencia la (Expander búsqueda)
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1
artículo
Publicado 2020
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Delegation is usually defined as that technique through which the delegate is discharged of initial functions and competences, transferring them to the delegate and thereby producing a transformation of the individual responsibility spheres of both the first and second. In the delegation, the position of guarantor of the delegate would correspond to the responsibility for authorship regarding the unavoidable result, while the responsibility of thedelegate would be that of criminal participation. The businessman, therefore, would not extinguish his position as guarantor, but would modify it, so that the duties of control and avoidance of harmful events would become duties of supervision and monitoring of the delegate’s work.
2
artículo
Publicado 2020
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Delegation is usually defined as that technique through which the delegate is discharged of initial functions and competences, transferring them to the delegate and thereby producing a transformation of the individual responsibility spheres of both the first and second. In the delegation, the position of guarantor of the delegate would correspond to the responsibility for authorship regarding the unavoidable result, while the responsibility of thedelegate would be that of criminal participation. The businessman, therefore, would not extinguish his position as guarantor, but would modify it, so that the duties of control and avoidance of harmful events would become duties of supervision and monitoring of the delegate’s work.
3
artículo
Publicado 2020
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The present article analyzes and interprets the Litigation of Competition relapse in the N° 18-2004 File, explaining its ends withnormative character, referred to the reaches of the military jurisdiction and the notion of function of the members of the Armed Forces and the National Police of Peru
4
artículo
Publicado 2020
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The present article analyzes and interprets the Litigation of Competition relapse in the N° 18-2004 File, explaining its ends withnormative character, referred to the reaches of the military jurisdiction and the notion of function of the members of the Armed Forces and the National Police of Peru
5
artículo
Publicado 2020
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The author makes a brief analysis and comment on the Law n. 30933, specifying the purpose of the law and its scope, dealing with the notarial function in relation to non-contentious matters, analyzing the notary powers the non-contentious nature of the procedure originated by the Law, to later deal with its relationship with the eviction process institute. The active authority in this procedure, the lease agreement in accordance with the provisions of the Law, explaining the notarial procedure designed to establish the grounds for eviction and finally the aspects to be considered in relation to Law n. 30933, specifying their conclusions.
6
artículo
Publicado 2025
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This research seeks to address the question of why arbitral tribunals have interpreted treaties concluded by the United States as taking a pragmatic approach to the invocation of the denial of benefits clauses they contain. Thus, our hypothesis states that various of the arbitral tribunals that have interpreted these treaties adopting a pragmatic approach have interpreted these clauses following various methods of interpretation, among which (i) the literal method, (ii) the teleological method, and (iii) the functional method of interpretation are predominant. In this sense, the main objective of the research will be to identify the main grounds used by the arbitral tribunals when analyzing the moment of invocation of these clauses in this type of treaties. To this end, the methodology used is qualitative in nature and seeks to be mainly analytical of existing jurisprudence. The aim is t...
7
artículo
Publicado 2025
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This research seeks to address the question of why arbitral tribunals have interpreted treaties concluded by the United States as taking a pragmatic approach to the invocation of the denial of benefits clauses they contain. Thus, our hypothesis states that various of the arbitral tribunals that have interpreted these treaties adopting a pragmatic approach have interpreted these clauses following various methods of interpretation, among which (i) the literal method, (ii) the teleological method, and (iii) the functional method of interpretation are predominant. In this sense, the main objective of the research will be to identify the main grounds used by the arbitral tribunals when analyzing the moment of invocation of these clauses in this type of treaties. To this end, the methodology used is qualitative in nature and seeks to be mainly analytical of existing jurisprudence. The aim is t...
8
artículo
Publicado 2020
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The “communal justice” is a way of solving conflicts of a conciliatory nature in peasant and native communities that our justice system in Peru recognizes, because in article 149 of the Constitution it establishes that the authorities of the Peasant and Native Communities With the support of the Rondas Campesinas, they can exercise jurisdictional functions within their territorial scope in accordance with customary law, provided that they do not violate the fundamental rights of the person; However, this article, as it does not have a "Law of jurisdictional coordination between ordinary justice and community justice" that regulates its application has been used in an inappropriate way and in many times with abuse of rights by the peasant Rondas at the national and In a very specific way, the actions of the Rondas Campesinas of the district of Macusani province of Carabaya of the Puno...
9
artículo
Publicado 2021
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This paper addresses a particular scenario of the classic tension between constitutionalism and democracy, one that poses the existence of material limits to the power of constitutional reform. The subject undoubtedly raises a series of perplexities around some aspects such as the legal nature of the constitutional reform power. The essay analizes the defense of implicit material limits when the constitutional text has not explicitly recognized them, the competence and legitimacy of the courts, the normative parameter in merit to which this control would be carried out, among others. In this context, this article proposes to provide an analysis of these issues based on comparative law, exposing the cases of Germany, the United States and Colombia, countries that have provided different answers to the issue of material limits in function of their own constitutional texts and systems, and ...
10
artículo
Publicado 2013
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Constitutional doctrine has little addressed on the General Comptroller of the Republic and its controlling function of public resources execution and management. Efforts have been made to explain this situation in other realities, regarding high budgetary, accounting and auditing content needed to carry out auditing activities constitutionally assigned to this kind of entities. Nevertheless, identifying competences of the General Comptroller of the Republic and its nature of autonomous constitutional body shapes an important expression of Constitutional State and the principle of powers division. This entity controls State’s Public Budget execution contributing to constitutional property protection, legality of budget implementation and the appropriate management of public resources, also the «efficiency» of social needs, proper functioning of public administration and prevention of...
11
artículo
Publicado 2013
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Constitutional doctrine has little addressed on the General Comptroller of the Republic and its controlling function of public resources execution and management. Efforts have been made to explain this situation in other realities, regarding high budgetary, accounting and auditing content needed to carry out auditing activities constitutionally assigned to this kind of entities. Nevertheless, identifying competences of the General Comptroller of the Republic and its nature of autonomous constitutional body shapes an important expression of Constitutional State and the principle of powers division. This entity controls State’s Public Budget execution contributing to constitutional property protection, legality of budget implementation and the appropriate management of public resources, also the «efficiency» of social needs, proper functioning of public administration and prevention of...
12
artículo
Publicado 2008
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This paper presents, in the form of dialogue, some reflections on the rule of law and the new paradigm of constitutionalism. According to Francisco Laporta, the rule of law has an impact not only on the functioning of the legal system, but also on one's daily life. This indicates that his position on constitutionalism or neo-constitutionalism is not totally contrary, recognizes the contributions of the Constitution, both in theory and in legal practice. However, it is contrary to the current conception of constitutionalism as a paradigm, that is, as a change in the theory of law. It also establishes some of the problems of this new paradigm, for example, the need for a theory of law for each country individually, since the basis of the paradigm is the existence or validity of a Constitution; In addition, this does not contemplate the possibility of the existence of a State without a cons...
13
artículo
Publicado 2008
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This paper presents, in the form of dialogue, some reflections on the rule of law and the new paradigm of constitutionalism. According to Francisco Laporta, the rule of law has an impact not only on the functioning of the legal system, but also on one's daily life. This indicates that his position on constitutionalism or neo-constitutionalism is not totally contrary, recognizes the contributions of the Constitution, both in theory and in legal practice. However, it is contrary to the current conception of constitutionalism as a paradigm, that is, as a change in the theory of law. It also establishes some of the problems of this new paradigm, for example, the need for a theory of law for each country individually, since the basis of the paradigm is the existence or validity of a Constitution; In addition, this does not contemplate the possibility of the existence of a State without a cons...
14
artículo
Publicado 2022
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Purpose: The technical feasibility of using Benford's law to assist internal auditors in reviewing the integrity of high-volume data sets is analysed. This study explores whether Benford's distribution applies to the set of numbers represented by the quantity of records (size) that comprise the different tables that make up a state-owned enterprise's (SOE) enterprise resource planning (ERP) relational database. The use of Benford's law streamlines the search for possible abnormalities within the ERP system's data set, increasing the ability of the internal audit functions (IAFs) to detect anomalies within the database. In the SOEs of emerging economies, where groups compete for power and resources, internal auditors are better off employing analytical tests to discharge their duties without getting involved in power struggles. Design/methodology/approach: Records of eight databases of an...
15
artículo
Publicado 2019
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The global appeal of liberal constitutional democracy—defined as a competitive multiparty system combined with governance within constitutional limits—cannot be taken for granted due to the existence of competing forms of government that appear successful along a number of practical dimensions and consequently enjoy high levels of public acceptance. Proponents of liberal constitutional democracy must be prepared to explain and defend its capacity to satisfy first-order political needs. A system of government is unlikely to command popular acceptance unless it can plausibly claim to address the problems of oppression, tribalism, and physical and economic security. Along these dimensions, the advantages of liberal constitutional democracy over the alternatives of social democracy of the type seen in Scandinavia, and bureaucratic authoritarianism of the type seen in parts of Asi...
16
artículo
Publicado 2019
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The global appeal of liberal constitutional democracy—defined as a competitive multiparty system combined with governance within constitutional limits—cannot be taken for granted due to the existence of competing forms of government that appear successful along a number of practical dimensions and consequently enjoy high levels of public acceptance. Proponents of liberal constitutional democracy must be prepared to explain and defend its capacity to satisfy first-order political needs. A system of government is unlikely to command popular acceptance unless it can plausibly claim to address the problems of oppression, tribalism, and physical and economic security. Along these dimensions, the advantages of liberal constitutional democracy over the alternatives of social democracy of the type seen in Scandinavia, and bureaucratic authoritarianism of the type seen in parts of Asi...
17
artículo
Publicado 2019
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El atractivo global de la democracia constitucional liberal –definida como un sistema multipartidario competitivo con un gobierno con límites constitucionales– no puede tomarse por sentado dada la existencia de la competencia de otras formas de gobierno que parecen exitosas en una serie de aspectos prácticos y como consecuencia gozan de altos niveles de aceptación. Los defensores de la democracia constitucional liberal deben estar preparados para explicar y defender la capacidad de este modelo para satisfacer las necesidades políticas de primer orden. Un sistema de gobierno no puede manejar aceptación popular a menos que asegure poder lidiar con los problemas de opresión, tribalismo y falta de seguridad física y económica. Considerando ello, las ventajas de la democracia constitucional liberal por sobre las alternativas de la democracia social del tipo visto en Esca...
18
artículo
Publicado 2010
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This paper analyzes the impact of Article 18, paragraph 3 of the new Code of Criminal Procedure, this is developed in relation to Article 149 of the Constitution of Peru. The aforementioned article of the new Criminal Procedure Code states that the penal system can not intervene in those cases where the communal authorities have already exercised their competence. Consequently, it is necessary to develop on which that competence is based. According to article 149 of the Constitution, the communal authorities have jurisdictional functions; in that sense, jurisdictional pluralism is being recognized in a broad sense. Likewise, it is necessary to specify which instances are authorized to perform said functions. The author establishes that these instances are the peasant communities, and within them specifically the communal authorities, and the peasant patrols. It is essential to mention th...
19
artículo
Publicado 2010
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This paper analyzes the impact of Article 18, paragraph 3 of the new Code of Criminal Procedure, this is developed in relation to Article 149 of the Constitution of Peru. The aforementioned article of the new Criminal Procedure Code states that the penal system can not intervene in those cases where the communal authorities have already exercised their competence. Consequently, it is necessary to develop on which that competence is based. According to article 149 of the Constitution, the communal authorities have jurisdictional functions; in that sense, jurisdictional pluralism is being recognized in a broad sense. Likewise, it is necessary to specify which instances are authorized to perform said functions. The author establishes that these instances are the peasant communities, and within them specifically the communal authorities, and the peasant patrols. It is essential to mention th...
20
artículo
Publicado 2017
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The competence of the European States in the field of international relations seems to conceive at the present time as an all-embracing faculty, which embraces all responsibility for any activity with external significance. In the Spanish case, this trend has meant a return to the prevailing conception during the primary stage of constitutional development, and refers to coverage in an expansive reading of the State’s competency title on international relations and on the functions of international treaties and Direction Foreign policy constitutionally conferred on the Government.
