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para sanctioning » _ sanctioning (Expander búsqueda), para sancionar (Expander búsqueda), peruvian sanctioning (Expander búsqueda)
1
artículo
The National Superintendence of Health (Susalud) is the specialized technical agency attached to the Ministry of Health, which is in charge of promoting, protecting and restoring the rights to health services, with quality, opportunity, availability and acceptability. In order to fulfill this purpose, Susalud has the sanctioning power, therefore, it manages the administrative sanctioning or trilateral sanctioning procedure against Health Service Provider Institutions (IPRESS), Health Insurance Fund Administration Institutions (IAFAS) and Health Service Provider Management Units (UGIPRESS). However, Susalud has several contingencies in the charging of the accused, a fact that causes the sanctioning procedures to suffer from defects of nullity from the charging stage, affecting the accused and the complainants, who suffer the legal consequences of a bad start of the procedure. This wo...
2
artículo
Publicado 2020
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The purpose of this work is to stablish that the administrative sanctioning power is part of the administrative activity, therefore being away from judicial activity. As consequence of that, the sanctioning act will have the character of an administrative act and, therefore, to expedite the sanctioning act it will necessarily will transit an administrative procedure that will have essential guarantees. The most important, without doubt, will be the effective administrative protection that rules all kinds of administrative procedures, being the administrative sanctioning act a special of it. The studied guarantee contents principles that rule every administrative procedure that refer not only the individuals’ rights, but also the efficacy of administration acts.
3
artículo
This study analyzes how the criteria developed by the Inter-American Court of Human Rights can serve as guidance to the national organs that exercise the Public Power, so that in exercising their powers they guarantee due administrative procedure, the right to defense and presumption of innocence, when exercising the administrative sanctioning power.
4
artículo
Publicado 2020
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This article explains and analyzes the scope of the presumption of legality in the exercise of the sanctioning power of the Public Administration, from its link and support to the presumption of innocence, as well as its effects on the development of administrative sanctioning procedures, with special incidence on the burden of proof of the facts and the participation of the alleged offender in them. Its application in special procedures is contemplated considering the sufficiency of the evidentiary activity required to distort the effects of the presumption in favor of the administered.
5
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.
6
artículo
Publicado 2020
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The article aims to analyze how the guarantee of orality operates in administrative sanctioning procedures in Peru. In this sense, the advantages and disadvantages of writing and orality are studied; Subsequently, the regulation of sector regulations regarding orality in administrative sanctioning procedures is analyzed. Finally, basic proposals are proposed to establish a homogeneous criterion that rests on a rule of general application that alows the development of the guarantee of orality.
7
artículo
Publicado 2022
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The relationship between the sanctioning power of the Office of the Comptroller General of the Republic (CGR) and the administrative disciplinary procedure within the framework of the Civil Service Law is analyzed. The research followed a quantitative, cross-sectional methodology, with a descriptive design and correlational level. The findings show that for 9.4% and 17.2% of the interviewees, the principle of non bis in idem is applied very poorly and poorly respectively, 60.4% is regular and 13% is efficient. It is evident that there is a strong relationship between the sanctioning power of the CGR and the administrative disciplinary procedure with a value of Chi - Pearson Square 0.000 < α = 0.05, i.e., both fulfill their purpose. However, the problem lies when a public servant is prosecuted under both regimes, generating controversy with the principles of due process and non bis in...
8
artículo
Publicado 2019
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This paper analyzes the situation following the closure of a commercial establishment, ordered by the Public Administration, and the procedure that applicants must follow, in order to be able to open the establishment again for business and continue with their trading activities. The existence of incentives that influence people's decision-making in these situations and thus regulate their behavior –sometimes to follow the regulatory administrative provisions, and at others to simply meet their needs–, will be analyzed. We identify that the procedure after the temporary closure order means a long and dark path that the inspected applicant is obliged to follow. This often constitutes a perverse incentive that motivates the applicant to disobey. Likewise, the offense detection factor can be seen as an indicator of the deficiency of the State to identify the offenders and to require the...
9
artículo
Publicado 2019
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This paper analyzes the situation following the closure of a commercial establishment, ordered by the Public Administration, and the procedure that applicants must follow, in order to be able to open the establishment again for business and continue with their trading activities. The existence of incentives that influence people's decision-making in these situations and thus regulate their behavior –sometimes to follow the regulatory administrative provisions, and at others to simply meet their needs–, will be analyzed. We identify that the procedure after the temporary closure order means a long and dark path that the inspected applicant is obliged to follow. This often constitutes a perverse incentive that motivates the applicant to disobey. Likewise, the offense detection factor can be seen as an indicator of the deficiency of the State to identify the offenders and to require the...
10
artículo
Publicado 2024
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The purpose of this article is to briefly describe the main administrative health offences related to medical care. However, to achieve this objective, it is first necessary to make a brief reference to the foundations of SUSALUD’s sanctioning power, pointing out the main characteristics of the sanctioning procedure and the bodies involved in its processing. Subsequently, the main infractions will be analyzed considering the legal, doctrinal in some cases and medical grounds that support each of them, mentioning some examples for the reader’s understanding. Finally, mention will be made of the main errors committed at the time of filing complaints, as well as the possibility of using other alternative mechanisms for the resolution of controversies, all of this respecting the objective of the present work, which is to make the sanctioning procedure known as the protection of heal...
11
artículo
Publicado 2022
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The Public Administration has powers that must be used in order to achieve the objective of protecting the general interest and always guaranteeing the fundamental rights of administered subjects. Within these powers we find the power to sanction, expression of the ius puniendi, that will be activated to the commission of administrative infractions. The sanctioning power requires to be exercised within the framework of a legal procedure that provides to administered subjects sufficient defense guarantees to deal with the imposition of a sanction.However, the current tax regulations deviate from the above-mentioned reasoning: the imposition of tax penalties on the taxpayers takes place within the framework of the supervision procedure. That is to say, the activity of supervision of the Tax Administration will conclude not only with the “Resolución de Determinación”, but also with a ...
12
artículo
Publicado 2020
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The voluntary correction is an acquittal excuse alleged by the defendants which consists in their behavior’s correction and is invoked frequently in the administrative process. Although this statement should be contrasted with the obligations set in the Environmental Management Strategies approved by the Certification Authority and if the effects of the behavior had been minimized.
13
artículo
Publicado 2020
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This Article focuses on the essential aspects of evidence in the administrative sanctioning procedure. These aspects correspond to (i) the importance of truth in the administrative sanctioning procedure, (ii) the fundamental right to evidence, (iii) conditions in the valuation of evidence, (iv) the burden of proof, and, (v) the standard of proof required to sanction. With the deepening of these concepts, we will be able to reduce spaces of arbitrariness in the exercise of the sanctioning power, in order to ensure that sanctions are only applied to real offenders.
14
artículo
Publicado 2022
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The oil spill in the Ventanilla sea has posed a great challenge for the public entities responsible for managing this environmental disaster. In addition, different voices of public opinion are demanding that La Pampilla Refinery, owned by Repsol, assume its responsibility, among other aspects, for the serious damage caused to wildlife. In this context, the National Forestry and Wildlife Service, through the Technical Forestry and Wildlife Administration of Lima, initiated an administrative sanctioning procedure against the company, accusing them of acting cruelly and causing the death of marine wildlife specimens. However, this action, which could be considered as an indispensable measure to achieve justice in the face of the serious damage caused to our natural resources, could end up becoming a serious setback in the State's search for environmental justice. From the analysis of the p...
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artículo
The purpose of this article is to analyze the main aspects related to the regulation of the evidence in the Peruvian and Spanish sanctioning administrative law, with special emphasis on the regulation and use of the evidence for indications. For this, the authors will review the applicable legislation in both legal systems, as well as various judicial and administrative resolutions issued with respect to the evidence, and, in particular, in relation to the validity criteria required for the evidence for indications in the sanctioning administrative field.
16
artículo
Publicado 2020
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Respect for the principle of “due process” in the administrative procedure envisaged for the application of the prohibitions on anticompetitive behavior established in Peru’s antitrust regulations before Indecopi is called into question due to the lack of separation between the investigative body (Technical Secretariat of the Commission of Free Competition) and the decision-making body (Commission of Free Competition). This article examines the issue from three perspectives. First, from the functional economic perspective, the organization and the administrative sanctioning procedure provided for in the Peruvian antitrust legislation are part of the public enforcement model that entrusts Indecopi (an agency divided into two units) with the enforcement of the prohibitions of anticompetitive conduct. Inevitably, this may lead to a confirmation bias (prosecutorial bias) -conscious or ...
17
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.
18
artículo
This article examines the objective conditions of punishability and their treatment in the Peruvian criminal process. It analyzes the doctrinal confusion about this concept, highlighting that, although guilt is necessary, it is not always sufficient to impose a criminal sanction, since the concurrence of circumstances external to the criminal type, known as objective conditions of punishability, is indispensable. Likewise, it presents a distinction between these and the conditions of actionability or prosecutability, emphasizing that the former refer to elements external to the crime that condition the imposition of the penalty, while the latter affect the validity of the criminal proceeding. In addition, the incorporation of these institutions into substantive criminal law and their dogmatic evolution are mentioned. Finally, specific cases in Peruvian jurisprudence are discussed, such a...
19
artículo
Publicado 2019
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La Caducidad administrativa es una figura existente en el Derecho Administrativo Sancionador que busca resguardar el equilibrio entre el deber de impulsar el procedimiento de la autoridad y del derecho de los administrados, cuando se encuentren sometidos a algún procedimiento gravoso, a contar con un plazo razonable para la determinación de infracciones y sanciones.Sin embargo, pese a que esta institución fuera introducida en la normativa peruana en el año 2016, con reglas claras para su aplicación, el INDECOPI, a través de diferentes pronunciamientos emitidos por sus diferentes órganos de resolución, ha realizado disímiles interpretaciones, incluso, contradictorias, de la manera en la que esta figura debe aplicarse (o no aplicarse). Así, el autor realiza un análisis de los criterios emitidos por esta entidad para posteriormente emitir su valoración final sobre los elementos ...
20
artículo
Publicado 2021
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The evidentiary value of the inspection reports is one of the most relevant aspects of the legal treatment of the administrative activity of inspection or control, insofar as it usually constitutes an essential evidentiary means for the determination of the responsibilities of the audited parties. In this sense, it is important to take into account the discussion on the determination of the scope of the presumption of certainty of the inspection reports as opposed to the presumption of innocence of the persons being inspected, among other aspects.
