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1
artículo
Publicado 2018
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The special nature of the contractor selection procedure and the source hierarchy of the State Procurement Law have been used as an argument to support the non-application of the interoperability rule within the framework of these procedures. Being in disagreement with this position, we sustain in the article that the special nature of the selection procedure does not negate the application of the informalism principle that underpins the interoperability rule. Likewise, we maintain that the common character of the Law of General Administrative Procedure, where the principle of informalism is enshrined, requires a reinterpretation of the hierarchy of sources of the State Contracting Law.
2
artículo
Publicado 2018
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On December 21st 2016 the Legislative Decree No. 1272, a regulation that modified various provisions of the General Administrative Procedure Act, Law No. 27444 (LPAG), was published. One of them consisted in the modification of subsection 2 of Article II of the Preliminary Title, which had as a consequence that the conditions established in the LPAG were no longer supplementary, but mandatory. In particular, when a special rule establishes less favorable conditions for the administered. The purpose of this article is to determine the effects of the aforementioned modification to the statute of limitations applicable to sanctioning administrative procedures. Specifically, if the statute of limitations applicable to antitrust procedures has been modified.
3
artículo
Publicado 2025
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The General Organic Code of Procedures (COGEP) establishes the hearing as a procedure for the administration of justice, which requires lawyers to adopt a new procedural approach in the presentation of evidence. This article analyzes one of the previously detailed aspects, the admissibility of evidence, with regard to the admissibility requirements (relevance, relevance, usefulness). While it is true that doctrine is a source of law, it must contain a number of criteria regarding the admissibility requirements of evidence. This qualitative study, a systematic bibliographic review using historical-logical, documentary review, hermeneutical, and analysis-synthesis methods, aims to develop some considerations regarding evidence in this new code. Among the main findings are: the existence of evidence demonstrating that evidence has been present in judicial proceedings since before our era; T...
4
artículo
Publicado 2018
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In the first part, the paper analyzes the elements of the Liability of the Public Administration and the objectives that this legal form pursues. In a second section, it analyzes the Peruvian regulations in this field, finding flaws and gaps, suggesting changes so that the regulation achieves the purpose that the Liability of the Public Administration proposes. Through this change proposal, the author pretends that this legal form becomes truly enforceable in practice.
5
artículo
Publicado 2014
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In the last years, there is a gradually participation of the Judicial Branch in the Congress competences and functions to supervise and inquire into issues of public interest. As a result, it has questioned the separation of powers principle. In that context, this article focuses on analyzing what the judicial supervision limits of the due process in the procedures before the inquiry commissions in the Congress are.
6
artículo
Publicado 2023
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The alternative indictment is regulated in the current Peruvian Criminal Procedural Code of 2004 as part of the discretionary and inherent powers of the Government Attorney General’s Office as the operator of the criminal action and head of the investigation. Its use has increased in complex and hypercomplex criminal proceedings, in which the representative of the Government Attorney General’s Office applies more than one charge for the fact being prosecuted, creating issues in its use and application, both for the Government Attorney General’s Office and for the defense. In this sense, this research will analyze and delve into the nature and purposes of alternative indictment, the infringement or not of the rights of the defendant when using this option, its use in personal preliminary injunctions, among other aspects.
7
artículo
Publicado 2023
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The alternative indictment is regulated in the current Peruvian Criminal Procedural Code of 2004 as part of the discretionary and inherent powers of the Government Attorney General’s Office as the operator of the criminal action and head of the investigation. Its use has increased in complex and hypercomplex criminal proceedings, in which the representative of the Government Attorney General’s Office applies more than one charge for the fact being prosecuted, creating issues in its use and application, both for the Government Attorney General’s Office and for the defense. In this sense, this research will analyze and delve into the nature and purposes of alternative indictment, the infringement or not of the rights of the defendant when using this option, its use in personal preliminary injunctions, among other aspects.
8
artículo
Publicado 2025
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The article examines the reforms introduced by Legislative Decree No. 1272 to Peru’s General Administrative Procedure Law (LPAG) and proposes ten amendments to enhance its effectiveness and predictability. Key suggestions include: extending expiration rules to the appeal stage, applying LPAG provisions to oversight activities, suspending all measures when appeals are filed, reinforcing reasoning in administrative acts, safeguarding the use of reconsideration, clarifying the scope of voluntary correction, standardizing measure terminology, fixing the tax unit (UIT) based on the date of the offense, regulating mitigating factors for non-monetary sanctions, and removing the requirement for new evidence in certain reconsiderations. These improvements aim to reduce arbitrariness, ensure legal certainty, and optimize administrative performance.
9
artículo
Publicado 2024
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Objective: To determine the standard surgical times of the four most common general surgery procedures (unilateral inguinal hernioplasty, bilateral inguinal hernioplasty, umbilical hernioplasty and cholecystectomy) in a second-level hospital and to estimate the probability of extending the time of each of the procedures. Efficiency is a widely studied subject in economics. It involves the need for fewer elements in the production of a certain level of goods and services. Therefore, it is extremely important to consider it in the field of surgery. Materials and methods: An observational, descriptive and retrospective study. It used the operating room records from 2017 to 2019 of the General Surgery service in a second-level hospital. Based on this information, the time required for each procedure was standardized using the mean for each one (umbilical hernioplasty, unilateral or bilateral...
10
tesis de maestría
Publicado 2020
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En el presente trabajo de investigación, nos proponemos realizar un análisis jurídico orientado a determinar si el texto vigente de la Ley N° 27444, Ley del Procedimiento Administrativo General (en adelante, LPAG) –que incluye las modificaciones establecidas por el Decreto Legislativo N° 1272– contiene disposiciones que son de imperioso y necesario cumplimiento en la regulación y el trámite de los procedimientos contencioso tributarios. En efecto, dado que la LPAG es una norma que recoge principios constitucionales y derechos fundamentales que deben primar en la relación jurídica entre un administrado y el Estado, es de suma importancia definir si el mencionado cuerpo legal tiene un carácter vinculante en la regulación de todos los procedimientos administrativos o no, incluyendo los tributarios, a pesar de los intentos que del legislador para suprimir y neutralizar dicho c...
11
artículo
Advocatus had the opportunity to meet with two Peruvian lawyers of great experience in the administrative law field so that they couldshare their reflections on the Peruvian General Administrative Procedure Law —LPAG, 20 years after its enactment.
12
artículo
Advocatus had the opportunity to meet with two Peruvian lawyers of great experience in the administrative law field so that they couldshare their reflections on the Peruvian General Administrative Procedure Law —LPAG, 20 years after its enactment.
13
artículo
Publicado 2017
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In this academic article, the author analyzes the administrative simplification mechanisms implemented in the Law of General Administrative Procedure, 27444, as amended by Legislative Decree 1272, and in the recent Law of Prevention and Elimination of Bureaucratic Barriers, Legislative Decree 1256. Thus, it can be seen that both laws have taken into account the recommendations of the Organisation for Economic Co-operation and Development (OECD) in order to (i) alleviate the burdens imposed on the citizens in the development of administrative procedures, (ii) empower the Office of the President of the Council of Ministers in order to implement administrative simplification measures and to monitor compliance by entities, and (iii) eliminate bureaucratic barriers in our legal framework.
14
artículo
Publicado 2010
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The present paper analyzes the characteristics and functions that the new Criminal Procedure Code assigns to the procedural subjects in Peru. The procedural subjects that the new Code of Criminal Procedure recognizes are mainly the following: the jurisdictional body, the Public Ministry and the accused and his sponsor lawyer. It is necessary to mention that this new code strengthens the role of the victim and the civil actor. In this sense, the first place, the author develops the powers of the court, specifically, the judges. In general, these are responsible for issuing the ruling to resolve a conflict by imparting impartial justice. Some of the organs with jurisdictional competence are the Criminal Chamber of the Supreme Court, the Criminal Chambers of the Superior Courts, the Criminal Courts, the Courts of the Preparatory Investigation and the Courts of Law. One of the contributions ...
15
artículo
Publicado 2018
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In Peru, as part of the implementation of electronic government, a process of incorporation of Information and Communication Technologies (ICTs) is being carried out so that citizens can relate to public administration entities. by electronic means to present writings, resources and complaints; make payments; receive notifications when this means is accepted or requested by the administrator; access general administrative information and files to know the status of them; avoid the repeated presentation of documents that are already in the hands of the public administration, among others.In Peru the legal conditions are being given to grant validity to the administrative procedure processed electronically. In this context, several provisions have been issued that modify Law N ° 27444, Law of General Administrative Procedure, establishing the legal frame...
16
artículo
Publicado 2018
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In Peru, as part of the implementation of electronic government, a process of incorporation of Information and Communication Technologies (ICTs) is being carried out so that citizens can relate to public administration entities. by electronic means to present writings, resources and complaints; make payments; receive notifications when this means is accepted or requested by the administrator; access general administrative information and files to know the status of them; avoid the repeated presentation of documents that are already in the hands of the public administration, among others.In Peru the legal conditions are being given to grant validity to the administrative procedure processed electronically. In this context, several provisions have been issued that modify Law N ° 27444, Law of General Administrative Procedure, establishing the legal frame...
17
artículo
Publicado 2014
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In this article the author seeks to address the general amparoprocess under Peruvian law, according to their legislation, jurisprudence and doctrine. Also he analyzed the object of protection of amparo, and the current situation which is facing due to its denaturation by its indiscriminate use. that situation is consider by our current Constitutional Procedural Code, which states the exceptional nature of this resource to address violations of fundamental rights, so that evaluation of their origin must be on a case by case basis. Finally, the author analyzes the special status of the precautionary measures within an amparo process.
18
artículo
Publicado 2025
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The article examines the reforms introduced by Legislative Decree No. 1272 to Peru’s General Administrative Procedure Law (LPAG) and proposes ten amendments to enhance its effectiveness and predictability. Key suggestions include: extending expiration rules to the appeal stage, applying LPAG provisions to oversight activities, suspending all measures when appeals are filed, reinforcing reasoning in administrative acts, safeguarding the use of reconsideration, clarifying the scope of voluntary correction, standardizing measure terminology, fixing the tax unit (UIT) based on the date of the offense, regulating mitigating factors for non-monetary sanctions, and removing the requirement for new evidence in certain reconsiderations. These improvements aim to reduce arbitrariness, ensure legal certainty, and optimize administrative performance.
19
artículo
The criminal dimension of the legal people demands an effective and opportune social reaction with the same degrees of «desvalor», punishment and sanction applied to the physical people, for which the inclusion in the Criminal Procedure Code of 2004 of the accessory consequences applicable to the legal people in the penal process is extremely important. Keeping that in mind, a general vision of the doctrine on the subject is presented in the text, after which the Peruvian normativity regarding the procedural emplazamiento of the legal person it is studied, its incorporation in the process, the procedural rights and guarantees and the precautionary measures that can be applied to the legal people, among other subjects.
20
artículo
The criminal dimension of the legal people demands an effective and opportune social reaction with the same degrees of «desvalor», punishment and sanction applied to the physical people, for which the inclusion in the Criminal Procedure Code of 2004 of the accessory consequences applicable to the legal people in the penal process is extremely important. Keeping that in mind, a general vision of the doctrine on the subject is presented in the text, after which the Peruvian normativity regarding the procedural emplazamiento of the legal person it is studied, its incorporation in the process, the procedural rights and guarantees and the precautionary measures that can be applied to the legal people, among other subjects.
