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The concession as a means of managing municipal II

GRANTING MUNICIPAL MANAGEMENT AS A MEANS OF

II

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

To be considered a grant proposal must be exhausted choice phase, which requires the Organic Law of Municipal Public Power (LOPPM, 2010) by tender.

However, the relevant legislation is called the Public Procurement Act (LCP, 2009), seeks to regulate contractor selection processes at all levels of public power and whose aim would be to restructure schemes established for the procurement, to regulate the activity of the state - in this case the City - as it pertains to the procurement of goods, services and execution of works to preserve public property, develop productive capacity and ensure transparency of the actions of the organs and entities subject.

The municipality is subject to compliance with that instrument, both in their bodies (mayor, city council, comptroller, municipal receivership, City Clerk, chronicler) as entities (foundations, associations, societies, associations), another related subjects, even when it is not itself a public entity, are the communal councils and other community organizations that receive financial or material resources of the State in all its manifestations. It is pertinent at this point to remember as a reference the contracts to the Organic Law of Public Administration (2008) on organs and public bodies.

About modes of selection of contractors, the LCP has planned the following:

Contest open is the modality of public selection of the contractor, in which individuals can participate and national legal foreign, subject to compliance of the requirements of the Act, its Regulations and the conditions inherent in the specification.

Contest Closed, contractor selection method in which at least five (5) Participants are invited in a special way to tender by the contracting authority or entity.

The Price Inquiry: the mode of selection of contractor, which, in a documented way, prices are consulted at least three (3) providers of goods, executing works or service providers.

direct contracting: This mode performs exceptional award the contracting authority or entity, which may be in accordance with the Act and its Regulations.

concesorio

The contract, following the LOPPM, should contain the following:

1. Period not exceeding twenty years.

2. Price that you pay the dealer for the rights granted by the Municipality grant and participation in the profits or gross income from the operation of the concession.

3. Performance security established by the concessionaire for the City and accepted by him, which will be updated periodically during the term grant.

4. Law of the Municipality to the temporary intervention of the service and take your benefit on behalf of the dealer in situations that were previously established.

5. Law of the municipality to periodically review the terms of the contract for adoption and technological improvements.

6. Right of revocation by the City without prejudice to compensation for the amount of unamortized investments in no case give rise to compensation for lost profits.

7. Free transfer to the municipality, free of liens, property, rights and shares for the grant, to extinguish it for any reason.

It should be recalled that for the city council the approval of the municipal concessions, as well as submission to control by the legislature, the city comptroller and the comptroller's office.

reader is suggested to take a look at some articles that I wrote called "From the Competition Council", "From Municipal Organization and Management", "The local planning council" or "Of the CLPP" " Tips Community as the organic law of 2009 "," Municipal Management Media "," The Social Control, "" City and Planning "," Municipal and Public Services "," City and Budget "," From the Municipal Finance, " Municipal Property, "" The Parish in LOPPM 2010 "," On the Media Participation "," Municipal and Public Procurement "among others, as published in www.eduardolarasalazar.blogspot.com and www.tecnoiuris. com (Municipal Law Legal Podium)

Another opportunity will touch on other aspects related to the topic.

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the concession as a means of managing municipal I

THE GRANTING OF MANAGEMENT AS A MUNIICPAL I

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

The Award is designed , following Guillermo Cabanellas in his "Dictionary of Law Legal Elemental" (2004), as an act of sovereign authority which is given by an individual or company, called dealer, certain right or privilege to operate a territory or a source of wealth, providing a public service or the execution of works agreed.

For his part, Jesus Antonio García Ríos in his "Glossary of public utility regulation" (2008) defines it as a management contract whereby the state delegates temporarily in a private natural or legal person, or a state administrative body, the rights necessary for the provision of an activity that is itself declared a public service, at the risk of the concessionaire.

In both definitions can be interpreted that it is by state contracts with the concessionaire for the provision, operation, operation, organization or management, either in whole or in part, of a public service.

Authors such as Rafael Badell Madrid in his "Legal Regime of the concessions in Venezuela" (2002) indicates that the grant has the following characteristics: it is a bilateral, consensual, formal, expensive, commutative, temporal, upper hereinafter nominated main intuition personae, translative.

should not be confused with other figures such as authorization, permission, lease or society, because each one has its own definitions and characteristics, studied in Administrative Law, Commercial and Civil.

are the subject of the concessions were discussions on the issue of reservation or not the state of the activity subject to concession, since there is a sector that believes that individuals can not freely engage in economic activity their preference on the grounds that the constitutional provision establishing "limitations" of a legal, others believe that reservations must be expressed in the normative text. About this can be found doctrinal concepts from the likes of Allan Brewer Carias and Rafael Badell Madrid.

Municipality uses this figure to meet contractual with the many tasks that come from the Constitution assigned (1999) and developing legislation, examples are found in the Organic Law of Municipal Public Power (LOPPM, 2010), which includes it as one means of management, that - from the perspective of autonomy - can choose the one deemed most appropriate for the government and administration of its powers. The Law for Promotion of Private Investment under the Concession Scheme (1999), the Public Procurement Act (2009)

is common to find that contract with individual municipalities, submitting under the concession system, activities in public services such as public transport routes or services of cemeteries, both are municipal competences, for example.

Furthermore, the LOPPM establishes a set of requirements for granting them, like being a public service, time limited or fixed, warranties, reversal surgery, among others.

This does not close the possibility of the existence of municipalities with the ordinance which regulates various aspects regarding the goods or services.

The award has the advantage for the local area liabilities does not generate employment and other costs, despite the existence of intermediation, but which can be solved with the signing of securities (bonds) or trusts, as well as lowering costs of collective agreements to the City, generating more jobs direct and indirect workers, especially at the workers, are perceived and non-tax revenue, because it is a taxpayer who operates with a permanent establishment or fixed base in the municipality and other sums contract guidelines for various concepts, expand the basis of taxpayers to other tax administrations, as well as their collection, because it allows other levels have new or more assets that generate income taxpayers by the rentier classes of fields; citizen participation is encouraged, by allowing the direct involvement of citizens in public affairs of their community or others that can provide quality service ; interact with the various authorities of the local authority and tends to decrease populist practices; away the excessive discretion of officials and on to the regulated activity, used the latest technologies and cleaner, including equipment for the job.

reader is suggested to take a look at some articles that I wrote called "From Municipal Competition "," From the Municipal Organization and Management "," The local planning council "or" Of the CLPP, "according to their Community Councils Act of 2009", "Municipal Management Media", "The Social Control, "" City and Planning "," Municipal and Public Services "," City and Budget "," From the Municipal Treasury "," municipal property "," The Parish in LOPPM 2010 "," From Participation means, "City and Contracting Public "among others, as published in www.eduardolarasalazar.blogspot.com and www.tecnoiuris.com (Municipal Law Legal Podium)

Another time he touch on other aspects related to the topic.

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The Municipal Corporation II

MUNICIPAL ENTERPRISES II

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

I consulted the Chair University students about purpose of the Municipal Corporation and others.

As appeared in the previous article, we seek the satisfaction of collective needs in a more expeditious. Are often used in management of public services is frequently seen in action on urban and household, management of waste management, gas distribution, potable water, among others.

When you use a corporate form should follow guidelines set out by the Commercial Code (CComV, 1955), for its establishment and daily execution, and that the Organic Law of Public Administration (LOAP, 2008 ) cautions that are governed by commercial law, this statement is not exact, since they will be subject to care standards and inspection of Administrative Law. So much so that some practitioners of this specialty have said it is a mixed system.

To speak of a Municipal Corporation should have an equivalent greater than fifty percent (50%) of the shares, as determined by the Organic Law on Public Financial Management (2010) or the Comptroller General and the National Fiscal Control System (2010).

way of assessing the group a question arose in connection with some types of businesses provided by the CComV (1955); These calls are limited partnerships and collective noun. The more alert immediately indicated that they are in use, to which he answered - to deepen the evaluation activity - that this fact does not mean it can not be taken for this, to paraphrase the rule of Venezuelan Civil Code (1982) on the currency and validity of the law. After a discussion focused analysis - continuing with the question - if the City should or should not be a municipal corporation under those for that of the solidarity of its members with business assets. The conclusion was immediate: not feasible because it would imply that it would violate standards of budget, planning, execution and fiscal control by the absolute solidarity.

Another of the activities undertaken in that session of classes was on the regime of goods, labor, budget execution and control of the Municipal by local bodies.

Returning again legal texts is found that people who work in a body governed by labor laws, as the Law of the Civil Service Statute (2002) only regulates relations among them officials? operate with autonomous bodies and institutions, in terms of industry the national budget must approve the draft budget for the fiscal year that financial and guardianship, while - in control - you must create an internal audit unit, without prejudice to the powers exercised by the City Council or the City Comptroller, without ignore the call the Citizen. It is critical that public resources are allocated for the creation and performance of the Municipal Corporation, which makes it an inescapable element of control and monitoring.

creation tools in determining the system of administration, mode of appointment of directors, duration, withdrawal or liquidation procurement of goods or their acquisition, among others.

This means that many companies are having assets that can be produced by the body or the body that creates them, sometimes comes from donations or other forms of contract.

For reasons of service could result in an entity born of another. The LOAP has provided in its articles. Examples at the national level are the basic business calls in the Guayana Region.

occasionally may seek a holding company for the provision of a service, in the area of \u200b\u200bdrinking water, national level has to HIDROVEN CA and subsidiaries: CA HIDROCAPITAL, CA HIDROCENTRO, among others.

Another detail of interest is not looking to earn profit, even if they can perform acts that generate, the premise here is that the proceeds be reinvested - as a first step - in the social order.

reader is suggested to take a look at some articles that I wrote called "From the Competition Council", "From Municipal Organization and Management", "The local planning council" or "Of the CLPP" " according to their Community Councils Act of 2009 "," Media Municipal Management "," The Social Control, "" City and Planning "," Municipal and Public Services "," City and Budget "," From the Municipal Treasury "," municipal property "," The Parish in the LOPPM 2010 "," Of the Means of Participation ", among others, as published in www.eduardolarasalazar.blogspot.com and www.tecnoiuris.com (Municipal Law Legal Podium)

Another time he touch on other aspects related to the topic.

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I

LOCAL BUSINESS I

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

is not uncommon for the state - from any territorial levels Public Power - to the satisfaction of collective needs, turn to the creation beings, ie, decentralized structures.

Municipality in Venezuela is no exception.

The Organic Law of Municipal Public Power (LOPPM, 2010) does not define the players, although given the power to areas selecting and implementing local management mode is most appropriate for the government and administration of its powers, which can be performed by himself or by subordinate bodies of them, or through forms of decentralization, among them find local businesses.

For its part, the Organic Law of Public Administration (LOAP, 2008) provides a definition and other guidelines which may be useful for the treatment of this subject.

First, given the status of all administrative entity functionally decentralized personality own legal subject to monitoring, evaluation and monitoring of their actions by their governing bodies, secondment and the Central Planning Commission.

According to the rules of the municipal organization and municipal companies have to do with executive or administrative function, so under the structure of City Hall, as it is the executive or government. In this regard, it is pertinent to recall the rule of LOPPM (2010) which gives the mayor to be the highest hierarch within these functions and powers.

Second, to create a municipal utility requires the approval of a decree by the mayor to be submitted to the city council, who is responsible to authorize or not, and also must have the prior opinion of the Trustee and the City Attorney City Controller, following the rules of the LOPPM, addition to the LOAP (2008).

The decree must indicate the subject matter and skills, determining the organizational form, location in the structure - which has already been explained - as well as estimates and budget allocations.

must take into account that may create new organs or entities involving duplication of the powers of other existing there without removing or restricting competition in them.

turn, in that instrument, is instructed for the creation and other steps, such as drafting the charter and bylaws; Registry, registration with the National Tax Administration (RIF, IVSS, among others) Municipal publication in the Gazette.

is worth recalling the principle of tax immunity of legal persons of public law at this point.

However, the legal system not only allows the municipality may done in a company and take it to the governmental sphere, and you can create a municipal utility, it would be feasible to acquire by buying shares to their owners or through exchange, transfer or any other contractual means, just to mention the consensus.

reversal is necessary to indicate when it is facing a municipal concession and return to the government, the LOPPM (2010) states that the goods will be handed the City at no cost.

As a third element must not be overlooked some principles contained in the LOAP (2008) and they are concerned with the organization administrative, include the following: Legality, serving the public administration, fiscal accountability, management control, efficiency, efficiency in the allocation and use of public resources, Sufficiency, Rationality and Adjustment of the institutional means to ends, Simplicity, Transparency and Organizational Closeness to the people, Coordination, Cooperation, among others.

These principles interact with those provided by the LOPPM (2010), may list: Social Stewardship, Planning, Decentralization, Transfer to the Community, Citizenship, among others.

reader is suggested to take a look at some articles that I wrote called "From the Competition Council", "From Municipal Organization and Management", "The local planning council" or "Of the CLPP", "The according to their Community Councils Act of 2009 "," Municipal Management Media "," The Social Control, "" City and Planning "," Municipal and Public Services "," City and Budget "," From the Municipal Finance " "municipal property", "La Parroquia LOPPM in 2010 "," On the Media Participation ", among others, as published in www.eduardolarasalazar.blogspot.com and www.tecnoiuris.com (Municipal Law Legal Podium)

Another opportunity will touch on other aspects related to the topic.

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Municipal Enterprises Parish in the law of 2010 II

LOPPM PARISH IN THE YEAR 2010 II

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

I asked some students of the University Chair on whether or not the parish has its own legal personality, for what is a decentralized body.

regard, the Parish has no legal personality of an entity is different from that which is not functionally decentralized, as with local firms or independent institutes, being necessary to refer to the Administrative Law Public (2008) and the Organic Law of Public Power (LOPPM, 2010). Part of the central structure of the Municipal Power, specifically Executive, being a body of cooperation or support local management.

exact Tan was the national legislature to regulate the establishment of the parish who established it pertains to budget management, by stating in the ordinance creating the City Council that will express their own income allocation of the municipality which shall become Parish entry for the purposes of its operation, as may be entrusted programs, projects and activities by the local budget, being subject to regulations governing the matter, one of which is accountability.

Parish has within its structure the Vestry called Community.

This is another area where changes were made in LOPPM 2010, since it introduces an element that has led to disagreements, because the Board members are not elected directly by the Township residents citizens, like the mayor or the council, but will be paid by the spokespersons of the community councils, must be validated before the assembled citizens. Be composed of five (5) principal members and their alternates, when he has to operate in urban areas, while will have three (3) in non-urban. Last two years in office, being of those with revocable mandates.

Community The Vestry is attributed, among others, according to the LOPPM, the following:

• Coordinate with the People's organizations and the organs of the Council.

• Promote public services and the principle of responsibility as it pertains to civil protection, public safety, comprehensive defense of the Republic.

• Promote policies and services aimed at children, adolescents, elderly, indigenous peoples and persons with disabilities.

• Cooperate with the Technical Chamber of Local Planning Council (CLPP).

• Serve as a clearinghouse of information and promotion of participatory processes for identifying budget priorities.

• Consult the grassroots People's Power on the programs, plans and projects submitted by the municipality.

• Evaluate plans and projects implemented in the municipality in the territory of the parish.

As another element of change was removed the issue of allowances to members giving rise to claims in the past, especially in recent months, as it were in a similar situation to local legislators, it is pertinent to remember the many legal appeals during the so-called Law of Fees, as last amendment also changed the situation.

reader is suggested to take a look at articles that I wrote which were published in www.eduardolarasalazarabogado.blogspot.com or www.tecnoiuris.com (Podium Law Municipal Law) (Community Law in the same Municipal Venezuela site), called "From Organization and Municipal Management "," From the municipalities and other local entities, "" City and Budget "," City and Taxation "," municipal taxes "," Municipality and Planning "," Municipality and Town Planning, "" The CLPP in Act of 2010 "," City and Land Regime, "" City and People's Power "," Municipal and Public Services "," The communal councils in its Organic Law of 2009 "," Municipal Legal Instruments "," Goods Municipal "," The Municipal Cadastre "among others, which contribute to more general information.

Another time he touch on other topics on the subject.

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VENEZUELA REAL ESTATE SCAM

In Venezuela the Real Estate Fraud is usually practiced by briefcase companies (those with no experience or capital to support these operations), they located some land that was purchased with many debts with third parties (mortgage, loans, etc), make housing developments on model and make you dream of the future owners (cheated) in a short period (1 year) will have their homes, are assigned a location in a plot (which is sold on several occasions) and then demand that the future owner, the cancellation of quotas to reach 30% percent of home values para luego someterlo a un prestamo hipotecario. Ahora bién donde encontramos el verdadero problema esta en que la compañía constructora se atrasa en la ejecución de obras, recalcula el valor de los inmuebles, cobra el famoso IPC, vende la misma parcela en varias ocasiones, las pocas viviendas que entregan no cumplen con lo pactado ya que las entregan en obra limpia ( sin ceramica, pisos, baños etc), y ya pasado el tiempo tienden a rescindir los contratos de compra-venta alegando incumplimiento por parte de los futuros compradores, o sea que lo inicialmente pactado que era la entrega de un inmueble en un lapso corto de 1 año y un precio fijo pactado se convierte en una verdadera pesadilla para el futuro propietario.

QUE HACER IN THESE CASES?

The Public Ministry through its prosecutors has been dealing with these complaints, giving a formality rather light, to cause this type of crime has become an issue of national interest, it is therefore desirable that advise victims with an attorney specializing in criminal, who will help in formulating the complaint in the complaint to be raised against the owners of the building, the application of tests performed in the Public Prosecutor's Office in the application of deprivation of liberty, of a possible compensation agreements where the compensation of victims and If convicted on the owners of the building to demand reparation. Only then will the victims of scams inmobliarias could see justice in their cases, but there must be a genuine criminal prosecution against these criminals who fill their pockets at the expense of the Venezuelan middle class, we invite those affected by this type of crime that advice and make their respective claims and complaints. Dr. Enrique Andrea

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Ender's Game by Orson Card Ecott.

In the year 2070 humanity is at war with an alien race known as the Buggers (its name comes from the similarity with the insect ). After failing in his first invasion of the solar system , the buggers launch a more powerful Second Invasion, who was arrested in the last minute by the talent of a strategist, Mazer Rackham. But it's been decades, humanity faces a future extermination by aliens.

Andrew (Ender) Wiggin U.S. is a child prodigy, recruited by the International Fleet for training and future leadership the war against the Buggers. Ender is the third of three brothers in a society constrained by excessive birth population in which families can have no more than two children. Ender was conceived with government permission, as his brothers were geniuses, and provided that at six years old again for him to instruct and make the best commander in history.

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PRELIMINARY HEARING IN TRIALS WORK

Let's analyze the case of a worker who goes to the Courts of Conduct, Mediation and Enforcement of Labor, the purpose of claiming social benefits, compensation for accidents, etc.. First Judicial Procedure stage, once the application filed and exhausted the citation of the employer, is just the preliminary hearing. PURPOSE OF THE PRELIMINARY HEARING? : PRELIMINARY HEARING IN BUSINESS LAWSUITS: Article 163 of the Labour Act, orders opportunity set for holding the public hearing, therefore it must be fixed time and date for the practice of it, with the assistance, in principle, both the actor and the defendant. The preliminary hearing satisfies basically 3 functions or purposes are: 1.) Avoid the trial and we have the Civil Procedure Code regulating the oral proceedings and the preliminary hearing held within it, she urged the trial judge to to seek reconciliation between the parties, namely, that call upon the parties to conciliation in order to avoid prosecution. The resolution of the dispute through alternative means of conflict resolution, by agreement between the contending parties in the process, 2.) Debug the process, ie to state the cause of entering the merit of the case, without there being any obstacle that prevents entering of the merits of the case. From there, the Judges of Conduct, Mediation and Enforcement have the power to make deliveries sanitizers, when he considers necessary, since the beginning of the dispute until just before sending the case to trial in cases in which no been possible mediation between the parties and thus with the office-sanitizer-to state the cause of entering the merit of the case, even though, as noted, obstacles to hearing the merits of , 3.) Establish the terms of the contradictory, equivalent in civil matters to lock "the suit". THE SAME ONCE BEGUN, SHALL BE, 1 .-) Present Written Promotion Test, however, he said, that in practice and depending on the judge to conduct it, that letter may be made in the course of the hearing or at the end of it, even some judges who apply the Statement of Hearing tests in the extension of the Preliminary Hearing (continuation of the same for a later date), remember that the preliminary hearing may last up to 4 months old. However, to facilitate mediation between the disputing parties is necessary that the evidence is presented in installing preliminary hearing, because it allows, among other things, that the judge is fully aware, of course, certain of the facts and may thus mediate the parties to present alternatives and proposed solutions with a view of the evidence that the same have been submitted and thus influence the conviction of the parties to reach a settlement. For this reason is that most of the doctrine and jurisprudence conclude in pointing out that the parties must submit their written test at the beginning of the preliminary hearing, therefore it should be understood as one, regardless of any such extensions have been verified and therefore, it insists, the evidence must necessarily be submitted at the start of the preliminary hearing in order to seek solutions to resolve the dispute through alternative means of conflict resolution. This for 3 reasons, namely : a) Based on the true fact that if the preliminary hearing is one, regardless of any of its extensions, the evidence necessarily must be submitted at such time fixed for the opening preliminary hearing; b) Because the practice of presenting the evidence on the timing of the start of the preliminary hearing, facilitate mediation between the parties, we insist, the full knowledge that it has the court on the facts surrounding the case and allows to induce the parties to the conviction of a solution to the conflict; c) For reasons of procedural fairness and good faith in this particular, is must define, that is why in no way implies a fallacious argument, on the contrary is based on the experience that gives the judiciary, then it is inconceivable that corresponds to the loyalty and good faith, the fact that having after four (04) months in a mediation process in the last phase is intended to surprise both the counterparty and the court by presenting evidence that threaten to undermine the entire event process, especially when, as stated in the new work process the preliminary hearing does not meet the third function assigned to it in the Common Procedural Law, which is setting the terms of contradictory. I SUSPENSION CONTINUATION OF THE HEARING : Articles 130 and 131 of the Labour Procedure Law, ie Judge has the power to suspend and order then it whenever necessary (legal principle ejusdem 132) provided that the duration should not exceed 4 months (last part of the legal rule ejusdem 136), obviously it should be noted with emphasis that the audience in question is a single, undivided stage, regardless of the sessions that integrate , as it is informed by the principle of concentration procedure. FACULTY OF HEARING JUDGE: The judge is the director of process needs to be promoted automatically to completion, thereby ensuring the doctrine that the process once started, is not the exclusive concern of the parties. As an epilogue to the preliminary hearing is fundamental so that the parties in dispute reach an amicable settlement. IF THE DEFENDANT DOES NOT APPEAR : Article 131 of the Labour Procedure Law states the following: "If the defendant fails to appear at the preliminary hearing, is presumed admission of the facts alleged by the plaintiff and the court ruled orally in accordance with that confession, as it is not contrary to law the complainant's request, reducing sentence to a document drawn up by the same day, against which the defendant may appeal to two effects, within a period of five (5) working days from the publication of the ruling. The Labour Court will decide competent oral and immediately after hearing of a party, within five (5) working days counted from the date of receipt of the file can confirm the sentence of First Instance or revoke, when justified and considers that substantial grounds exist for the absence of the defendant by accident or force majeure fully verified at the discretion of the court. The decision reduced to writing and it will be admissible against the appeal, if we reach the amount referred to in Article 167 of this Act, within five (5) business days following that decision. In any case, if the appellant fails to appear at the scheduled hearing to decide the appeal, the appeal will be rejected, tried. " the legal consequence that the Labour Law Litigation granted the non-appearance Respondent's preliminary hearing is the "presumption of acceptance of the facts alleged by the plaintiff" and the immediate decision of the case according to the confession and clarifying that are distinct legal concepts of presumption of acceptance of the facts and confession such as appearance, which does not allow evidence to the contrary that weakens its effects, can not be a confession, and the closest thing that resembles is a tacit admission, appears rare, but, as any admission, given by certain facts of the claim and becomes irreversible recognition thereof, and be at the discretion of the judge to correct legal qualification of the same. This absence (tacit confession), will be of absolute therefore not refuted by evidence to the contrary (presumption juris et de jure). That is, the power of stubborn not represent the possibility of contesting the admission of confession evidence to the contrary, but to deprive this action because they are not covered by the law or to rebut the claim of the actor under the claim that it is contrary to law. SUED IF NOT APPEAR TO EXTENSIONS (CONTINUED) FOR THE PRELIMINARY HEARING : If the absence of the defendant arises in one of the extensions of the preliminary hearing, the admission effect of the facts of that absence to be considered as relative, so rebutted by evidence to the contrary (rebuttable presumption), in which case, the sentencing of conduct, mediation and implementation must include the record of evidence tendered by the parties the purposes of admission and discharge before the trial judge (Article 74 of the Labour Procedure Law), who is to verify, once the probationary period, meeting the requirements for a fictitious confession is declared and have legal effect, ie check whether the applicant's request is not contrary to law and that the defendant has not proved anything he favors. In this case, to have fulfilled the requirements previously outlined, the tacit admission will be declared and the judge decide the case according to the confession. In this case, if the trial decision is appealed, the superior court is competent to decide in the previous chapter (if that were alleged by the defendant in the appeal hearing) the circumstances that prevented him from appearing at the extension of the preliminary hearing, that is, the unforeseeable circumstances or force majeure resulting in the absence of the defendant and if it proves unfounded, the judge will then proceed to decide the case taking into consideration the requirements for being declared impretermitibles tacit confession (which is not contrary to law or the complainant's request the proposed action illegal and the defendant has proven nothing). BOTH: if the chief judge of competent jurisdiction finds that the defendant failed to show that the cause of the failure to attend the preliminary hearing (either the first or the extensions) was due to unforeseeable circumstances or force majeure, shall restore the case to the state to hold a preliminary hearing conciliation and mediation. SI PLAINTIFF NOT ATTEND : Article 129, provides: "The preliminary hearing will be in oral form, private and personally presided over by Justice of Conduct, Mediation and Implementation, with compulsory attendance parties or their attorneys. Article 130 of the Labour Procedure Law, which states: " If the applicant fails to appear at the preliminary hearing will be rejected, the procedure, completing the process by oral statement to be reduced in a report, which be published on the same date.. " Set our legal sanction when the plaintiff does not attend the preliminary hearing, as this initiates the process, through a demand, therefore, the main actor in the process is precisely this, and by virtue of this, it penalized when they attend, as stipulated in Article 130 pre-quoted. Same result occurs when both parties do not attend. IN PRACTICE: In most cases, the preliminary hearing, in comment, is very informal. The judge who leads it, which is usually not the same as has been the major cause, describes the suitability of the agreements in premium face and directs the activities of the parties. First, it gives the floor to the actor, then the defendant, and sometimes, depending on the particular case, the calculations carried out in such event, in communion with the parties. RECONCILIATION: Had come between the parties to an agreement , it is embodied in an Act, which contains every one of the terms of the transaction (payment methods). Failing agreement will be sent on case to the Trial Chamber, in order to evacuate the tests and were promoted at the preliminary hearing and issue the order accordingly. I should add, finally, that the importance of presenting the Promotion Written Test at the beginning of the hearing, the subject of study in this article, is that later, not may, therefore, whether plaintiff or defendant not present , run out of evidence during the trial and the outcome will be fatal losing on it. Dr. HENRY ANDREA.

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CRIMINAL PROCEEDINGS IN VENEZUELA

criminal process in Venezuela has several modes of proceeding, complaint, criminis news (in cases of public order offenses) and ex parte. PHASE I RESEARCH : Instituted cause the prosecution does all acts of investigation for the purpose of determining whether a crime has been committed and who or who we could have participated in their commission, to do the same can be ensured auxiliary agencies such as the CICPC justice, national guard, police etc. In this phase, the Public Prosecutor's Office is attributable to the alleged offenders, after which the prosecution has a period of 6 months to issue their conclusive acts which may be the case closed, the indictment or dismissal of the case. At this stage the accused may oppose the respective exceptions such as prescription of criminal proceedings, res judicata, that the act in question is not typical (does not fit the offense) INTERMEDIATE PHASE II: In the present prosecution to conduct a preliminary hearing before the Court of control over which the victim is can join or file a private prosecution if the victim has been sued is considered a party to the proceedings at this stage Control Judge must warn the accused to alternative media such as criminal prosecution and compensation agreements admission the fact that if given the sentencing judge shall immediately taking into account the reduction of the penalty that may be up to half of the sentence of the offense in question, in addition to mitigating if any. Admitted the charge is passed the dossier to the trial court concerned to be carried out on public trial. PHASE III TRIAL : actions Arrivals control of the court of the trial court must be furnished to the respective jurors who will be chosen by lot (Mixed Court) should not be possible at the request of the defendants the Court will become so proprietorship. This public trial and the parties will present their allegations tending to show that a crime has been committed or strengthen the status of innocence of the accused (which presumably) that phase culminates with a final ruling declaring the conviction or acquittal the cause. IV TO APPEAL THE COURT: The Court of Appeals is a bench composed of 3 judges and the same can only advertise for errors in the sentence, violation of fundamental rules (our criminal procedure is grantista) and must claim the remedy sought . V APPEAL: The same is brought before the Court of Appeals for the Supreme Court of Justice in Criminal Court of Cassation. Dr. HENRY ANDREA.

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LOPPM Parish in the year 2010 I

LOPPM PARISH IN THE YEAR 2010 I

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

Started in the weekly task of preparing, writing and publishing articles on Municipal Law, approved the Organic Law of Municipal Public Power (LOPPM), ran the year 2006, when first modified this legal instrument. Everyone knows that the most recent being 2010.

that time published a series about Municipalities and local authorities, at that time, the topic now requires updating after changes encountered.

Parish, according to LOPPM (2010), is defined as a river created in order to decentralize municipal management, promote citizen participation and better delivery of municipal services.

is intended as a consultative, evaluation and coordination between people's power and the organs of municipal government. This is one of the things that changed since the beginning of the LOPPM, and so-called people's power had no regulatory instrument in the Venezuelan legal system.

However, the product of legislative activity at the end of 2010, approving the Organic Law of People's Power, which has brought discussions of all kinds between the doctrinaire, along with other texts adopted at the same time, such as the reform itself to LOPPM, the Social Audit, Municipalities, Public Planning and People, CLPP, among others.

Parishes are created by ordinance, ie Statutory instruments approved by the local legislative body called the City Council, which can be introduced to the consideration of a draft ordinance of his bosom, which must have the most to the development and adoption of the previous agreement, but The initiative for that to be able to rule may also from the Mayor of the Institution (executive branch) through explicit motion fact that in a reasoned manner. Also, the actions taken by the equivalent of fifteen percent (15%) of citizens residing in the jurisdiction, who must be enrolled in the Electoral Register, by the Electoral Power, who made the request the legislative body.

Among the aspects to be evaluated with a view to creating personal parish is the substrate, which means a stable resident population, not only for the initiative but to all acts of local life that are required to participate, as would - for example - the assembly d citizens or the community council. The legislation LOPPM State Authority regards the details of this requirement is necessary to agree that the creation of municipalities is the responsibility of the states (federal agencies) through the Legislative Council, State Authority, in accordance with the Organic Law of the Legislative Councils of States (2001).

Another is the space, which is often referred to as territorial substrate, since it must develop in a specific geographical area, can be urban or not. If it is within those claimed to have a Local Urban Development Plan (PDUL), while in these, with guidelines for the management and occupation of the territory. Here it is pertinent to note that - in accordance with environmental legislation, land management, agriculture and urban development - the National Executive has a role in rural areas.

As technical elements is the existence of land surveying, with subjects of taxation, emphasis on those relating to property, eg urban land taxation and municipal taxes. Also included are issues related to the organization of basic public services.

Also reference is made to the communes, as the notes LOPPM elements that must exist for the creation of one or more, according to the law that regulates them.

Finally, topical information to be submitted for public consultation for both existing residents of the parish as to occupy space.

reader is suggested to take a look at items I authored which were published in www.eduardolarasalazarabogado.blogspot.com or www.tecnoiuris.com (Podium Law Municipal Law) (Community Law Municipal Venezuela at the same site), called "From Municipal Organization and Management", " Municipalities and other local entities, "" City and Budget "," City and Taxation "," municipal taxes "," Municipality and Planning "," Municipality and Town Planning, "" The CLPP in the Act of 2010 " "City and Land Regime," "City and People's Power," "City and Public Services "," The communal councils in its Organic Law of 2009 "," Municipal Legal Instruments "," municipal property "," The Municipal Cadastre ", among others, which contribute to more general information.

Another time he touch on other topics on the subject.

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APPEAL WHEN CAR decreed the dismissal

Since the Criminal Division and the Constitutional Chamber of the Supreme Court established doctrines regarding the appeals procedure exerted appeal against decisions that are held at first instance and declaring the dismissal of the case , in the sense that the Criminal Cassation has established that the length and processing the appeal against the decision declaring the dismissal of the case must conform to that established for the final ruling, the Court of Appeals shall hold an oral hearing under Article 455 of the Criminal Procedure Code, pursuant to decision No. 398 of 08/08/2006, where available: ... However, the applicant proposes that the Court of Appeals ruled on the proposed appeal without a hearing convened oral and public, under Article 455 of the Code of Criminal Procedure for parties to discuss orally on the grounds of appeal. Indeed, reviewed the records that make this record, the Board notes that the Court of Appeals, after allowing the appeal proposal against the decision of the Court of Control (page 192, part # 4 of the dossier), did not call to the hearing so that the sides discussed the arguments on appeal. It should be noted that in this case, the objecting promoted four (4) means of evidence in the appeal brief to establish the foundation of it, which were duly admitted two (2) by the Court of Appeals. So that the Court of Appeals to decide the appeal proposal without having convened the hearing and, however, that the appeal was filed and processed on the basis of Article 447, paragraphs 1, 3, 5 et seq Criminal Procedure, referred to the appeal of cars, lack violated the provisions of Articles 455 and 456 eiusdem, due process and the right to defense under Article 49 of the Constitution of the Bolivarian Republic of Venezuela and 1 and 12 of the Code, since, as noted by this Court, by the nature of the contested decision, which ends the process and preventing its continuation of res judicata, it is treated as a definitive statement regarding their legal proceedings, and must therefore, the Court of Appeals, bound for the processing of this application by the procedure governing appeals of final judgments . In this regard, the Board has expressly stated that: "... According to Article 319 of the Criminal Procedure Code, the dismissal procedure is terminated and the authority of res judicata and therefore prevents any further prosecution against the accused or defendant to whom it has been declared, except as provided in Article 20 of the Code, regarding the rejection of the criminal prosecution for its promotion or defects in its exercise. The dismissal imposed for cease all coercive measures which have been issued. Although sections 324 and 325 of the Code of Criminal Procedure, referred to the decision that approves the dismissal as a "self", by the nature of this decision, as terminating the process and prevent its continuation, with authority of res judicata, be equated to a final decision, since account must be for the purpose of its challenge to the rules governing appeals of final judgments as provided in Chapter II, Title I of Book IV of the Code of Criminal Procedure. (Judgement of the Criminal Cassation No. 535, dated August 11, 2005). This doctrine has been reiterated the Board, as in sitting in Judgement No. 506 of 24/11/2006 and the N ° 378 of 10/07/2007, which stated: ... the said Court of Appeals, proceeded to pass sentence on May 9, 2006, dismissing the appeal proposed by the legal representative of the victim, without conducting any hearing. The Chamber of Criminal Appeal has decided, repeatedly, that the inherent powers of the Court of Appeals in connection with the performance of the judicial function governed by Articles 450 and 455 of the Code Criminal Procedure, is this criterion: "... reflects the spirit with securing the legislature and ratified the principle of hearings by requiring judges to hear the inescapable obligation to the parties, respecting their right to dispute the allegations and rebuttals ...." (Judgement No. 571 of December 18, 2006). The decision under appeal to the Court of Appeal deals with the declaration of a dismissal which terminates the process and prevent its continuation and that has also been recognized by the Constitutional Chamber of the Supreme Court as a final statement with force (Judgement No. 1 of January 11, 2006). This is why the Court of Appeals was required to comply with Articles 455 and 456 of the Criminal Procedure Code, must also rule on the admissibility or otherwise of the evidence tendered in the letter of appeal. Thus, the Board No. 3 of the Court of Appeals Judicial Circuit of the Metropolitan Area of \u200b\u200bCaracas, by conferring an undue processing the case submitted to it, violated due to lack of application of Articles 455 and 456 of the Code adjective , to decide the appeal without having convened the public hearing for the parties to discuss their claims, while violating the rights to due process and the defense, as enshrined in sections 1 and 3 of Article 49 of the Constitution. Such constitutional provisions, give the parties the right to counsel and be heard by the judge, and unsuited to the principles laid down by the legislature, in Articles 14 and 18 of the Code of Criminal Procedure, relating to orality and contradiction , respectively, taken from the adversarial process. Reason, the assistance and involvement of stakeholders at the public hearing is essential so that each expose their pretensions, in opposition to its opposite, exercising their fundamental rights, giving the courts the necessary elements to define the object of controversy, with performances features oral public system in force, immanent in the senior judges. In this context, fulfilling these mandates, involves the transgression of the right to effective judicial protection, stipulated in Article 26 of the Constitution of the Bolivarian Republic of Venezuela, broad content, which includes: "... the right to be heard by the judicial bodies established by the State, ie not only the right to access, but also the right that met the requirements of procedural laws, the courts know the merits of the claims of individuals ... " . (Judgement No. 1515 of August 9, 2004). The administration of justice, should not be in any way for the automatic application of rules and norms of an adjective and a noun, it should rather consist in an exegetical and evaluative study of each case, their characteristics, their claims and actions procedural. Must be a professional challenge in itself, always taking the northern judge their actions, the model social state of law and justice, which aims to everyday ordinary people, when you turn the judicial system. Accordingly, the Board of Criminal Appeal considered from this upheld the complaint under Article 467 of the Criminal Procedure Code and in compliance as stated in Articles 190 and 195 of said code, the principles and rights be violated constitutional and legal order, in relation to due process, protection and effective legal protection, is set aside the order of admission of the May 3 2006 and the decision of 9 May of that year, issued by the Board No. 3 (accidental) of the Court of Appeals Judicial Circuit of the Metropolitan Area of \u200b\u200bCaracas, telling him to another chamber of that appeals court decision on the appeal filed by the victim identified in this case, regardless of the vices committed. This states ... For its part Constitutional Chamber of the Supreme Court, in Case No. 1 01/11/2006, ordered the duty to convene the respective oral hearing for the resolution of the appeal against the decision to agree to the dismissal of the case, as provided in Article 455 and 456 Criminal Procedure Code, when he said: ... with respect to the declaration of invalidity of the ruling of the Board No. 2 of the Court of Appeals Judicial Circuit of Carabobo State, on 11 October 2004, for failure held the public hearing at which oral arguments should have the basics of appeal, in accordance with Article 456 of the Code of Criminal Procedure, we see that as expressly provided for the applicant, the Court of Appeals had referred to convene the public hearing in accordance with the specific obligation laid down in Article 455 eiusdem, as set out verbatim the same in his written Review: "(...) the article would be violated as to the arguments and reasons given by the Criminal Chamber (sic) in the decision under review, is Article 455 and Article 456 not both of the Code of Criminal Procedure, as mistakenly set the sentence under review. " (...) In addition to this, appreciate this court that the arguments put forward by Criminal Cassation Chamber leaves no doubt about it, about the violation of the rights to due process and protection of the parties involved in the process, since Article 456 of the Criminal Procedure Code provides for the way it should made such a hearing and this is guaranteed the right to be heard in the same ... Accordingly, the Court of Appeals, accepting the jurisprudence of both Chambers of the Supreme Court of the Republic establishes explicitly the change of position of the Appellate Court regarding the procedure to be given to those resources before the Court of Appeals, so that the process that will give the resolution of this appeal is set out in the Code of Criminal Procedure for final judgments. notifications. Dr. HENRY ANDREA Advocate UCAB

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Municipality and Waste Management Comprehensive Social

MUNICIPALITY INTEGRATED WASTE MANAGEMENT

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

Among the legislative changes in late 2010, the National Assembly passed the Comprehensive Waste Management (LGIB, 2010), which seeks to establish regulatory provisions to reduce the generation, ensuring the use and disposal of waste.

This led to the need to update what is written under the title "City, waste and solid waste."

This instrument repeals the Act on Waste and Solid Waste (2004).

This activity has been declared by way of public utility law as and social interest, besides being a public service.

LGIB Noting the specific powers to the three territorial levels of official authority should be included as concurrent jurisdiction, so that everyone has a share of responsibility defined.

The national level is responsible for policy on integrated waste management and solid waste, establish criteria for the establishment of taxes, adopt technologies for the treatment or use. Do not forget that the environmental and health is a national court, as it is closely related to this issue, Hence it is appropriate to review the Organic Environmental Law (LOAmb, 2006), the Health Law (1998) and the Law of Local Planning Councils (2010).

The states and the District Capital, the provision of services of transfer and disposal of solid waste, either directly or through third parties such as associations, cooperatives, private enterprises, for example, also participate in the use of waste through the creation of collective-owned enterprises, with organized communities.

While at the commune, the management of urban cleaning service and home. The Organic Law of Municipal Public Power (LOPPM, 2010) points out in the cast of competences and binding, including cleaning, waste collection and treatment, to carry out whatever means they can with management and the law says Another competition is the regulation by ordinance, including fees, charges or other derivative financial aspect of providing the service. One of the most outstanding environmental education is applied to this field, as possible in order to ensure in every area of \u200b\u200btheir performance, as this will cause changes in the population, not only to meet schedules collecting or keeping public spaces cleaner, but is an essential tool in the recycling, which will improve the quality of life, not counting savings of economic resources and personnel which may be assigned to other duties at the local level.

exercising control in urban and town planning, should propose locations for the siting of facilities in integrated waste management and solid waste.

To implement the integrated management of municipal waste must have a landfill, so the LGIB has some regulations to adapt the facilities to open and transform them into landfills. These can be by any means of management, such as associations, which offer greater extent, since the association with several local entities more bearable economics and could be located inside or outside the jurisdiction of a municipality or members of the commonwealth, according to the respective contract.

As this involves large sums of money for local, understands the legal system to establish the so-called economic system, made up of taxes, subsidies, tariffs, grants and other, hence the public should prompt payment service.

The LGIB citizen participation has been established as a prime element in achieving its objectives. In this regard, the LOPPM has several ways to pursue it, and social control. It will be recalled the adoption of the Organic Law on the Social (2010).

As a source of employment and participation, establishes that: LGIB be preferred to the participation of organized communities in the management of recovered materials in their own geographic space and transportation to the collection centers and recycling plants. For these cases, mechanisms should be developed between municipal authorities and communities.

Importantly, the LGIB offers tax incentive mechanisms aimed at economic, technological, social and educational so the State must `promote them, for only thus will be the responsibility or action of individuals, especially enterprise level, with a view to a less or not contaminated and better quality of life of its inhabitants.

These incentives range from preferential access to credit, full or partial exemptions from taxes, fees or contributions, as provided by Tax Code (2001) and LOPPM or LOAmb., For example.

In the export field LGIB include it as a harvesting system, giving the same preferences and incentives that the use of recyclable materials.

reader is suggested to take a look at other articles that I wrote called "From Municipal Organization and Management", "all of the municipal", "Media Management", "Municipality and Planning", "The CLPP the Act of 2010 "," Municipality and Town Planning "," Municipal and public services "," City and Environment " "Municipality and Health", "Municipality and Budget, among others, where you can get more information which can be found in www.eduardolarasalazarabogado.blogspot.com or www.tecnoiuris.com (Podium Law Municipal Law).

Another time he touch on other topics related to the topic.

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the Social

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

is said that the Comptroller Social is a means of participation based on the responsibility of the tasks assigned to the exercise of public power in the context of the role of monitor, prevent, monitor and control public administration and community, can be extended to the private sector when it affects interests collective or social.

Its scope is at all levels of public administration, the so-called people power and to those of Private Law carrying out activities that affect the public.

regard the national legislature approved the Law on the Social (LOCS, 2010), with a view to preventing and addressing anti-social behavior in the conduct of public administration and in the areas of production, distribution, exchange, marketing and supply of goods and services required for the population in private hands.

Among the principles and values \u200b\u200bthat says nutrition include solidarity, generosity, fairness, cooperation, collective interest, effectiveness, efficiency, honesty, accountability, among others.

The LOCS recognizes the following ways to exercise:

• Individually, when a subject performs a request, complaint, requires information on a matter of personal interest or relating to collective or social.

• Collectively, may be temporarily or permanently through organizations, must comply with the formalities essential to register with the Ministry with expertise in the area of \u200b\u200bcitizen participation.

• Organically to be established by law or ordinance, estableciéndoseles your organization and guidelines for action.

agents of social control activities are the spokesmen, who are elected in a democratic way among other members. The requirements for the activity are given by the full capacity, ie the majority and the submission of their performance to the principles and values \u200b\u200bthat govern social control.

Because part of the design based on the basic text of civic duty to preserve public property and the exercise of control over it, as expressed in the LOCS as an honorable activity, so that is not rewarded with money, hence no money can be charged under any circumstances.

to proceed in terms of social control, the LOCS acknowledges that there may be an accusation, ie to inform the competent authority of an act was unlawful, harmful or illegal, for it to take corrective action through an investigation, which must respect the rights and constitutional guarantees, such as the right to defense and due process, for example. It is imperative to establish the facts by a document signed between the various subjects acting.

obviously have to do proper follow-up to avoid impunity for what should be required information on the process and push through to a final conclusion.

is pertinent to recall that, according to the Constitution of the Bolivarian Republic of Venezuela (1999), public officials have criminal, civil, administrative, disciplinary or professional, being independent of each other without getting in the processing of a subject for the same offense.

The LOCS provides training modality through studies or to study subjects in all levels of the educational subsystems or through training. This is intended to set ethical and moral behavior for the preservation of the ideals mentioned in the beginning of this article.

reader is suggested to take a look at some articles that I wrote called "From Municipal Competition "," From the Municipal Organization and Management "," The local planning council "or" Of the CLPP, "according to their Community Councils Act of 2009", "Municipality and police service," Municipality and Education ", among others, as published in www.eduardolarasalazar.blogspot.com and www.tecnoiuris.com (Municipal Law Legal Podium)

Another time he touch on other aspects related to the topic.

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Comptroller of Public Entertainment Tax

PUBLIC SHOWS TAX

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

pointed out in a series of articles that I wrote called "Municipality and Taxation" and "Venezuelan Tax System", different rentier classes are there in the Municipality for the proper performance of its multiple responsibilities.

In this regard, following the classic triad on the classification of taxes in Venezuela, as with national and state level, municipalities are responsible for taxes: taxation mode characterized by the imposition on taxpayers (taxpayers, managers) in a coercive manner, without consideration or return by the offender (municipality) to pay.

who now occupies these lines is called the Public Entertainments Tax (ISEP), maintains close relationships with the cultural, educational and recreational communities, since such powers are concurrent with the other territorial levels Public Power, safeguarding concerning protection of the rights of children and adolescents, content rating, among others, as are governed by other policy instruments such as Organic Law for the Protection of the Rights of Children and Adolescents (LOPNA, 2007), the Law on Responsibility in Radio and Television (Ley SPRING, 2010) or the Telecommunications Law (2010), however, ISEP is conceived within those belonging to the primary power to the municipalities, since the Constitution of the Bolivarian Republic of Venezuela (1999), as well as planned, so you do not have to share it with any authority.

For its part, the Organic Law of Municipal Public Power (2010) is developed in two articles, leaving the local legislature through its regulation and Ordinance implementation, execution being endorsed by this instrument in the hands of the Mayor, as part of the Local Finance, as is ordinary income.

Since it is a tribute to the Ordinance shall fix their respective entry into force, being necessary to remember that in the absence of express reference, shall apply upon the expiry of the next sixty (60) calendar days of its publication in the Gazette Municipal.

addition, the City Council, must comply with the constitutional provisions for any tax: protection of the economy, raising the standard of living of the population, not confiscatory, progressive, fair distribution, among others.

ISEP levied on the purchase of any ticket, ticket, or similar instrument causing the right to attend a show in public or in rooms open to the public.

Your payment will be the responsibility of the purchaser of any means or instruments described above at the time of acquisition.

The norm of the respective ordinance regulating the ISEP may provide the natural or legal person who presents the show as an agent of perception, in order to facilitate their collection and management.

doctrine has classified as follows:

• Local Tax, for the reasons stated above and only applicable in the jurisdiction of each municipality according to its regulation by ordinance.

• Does not take into account the economic capacity of the taxpayer.

• It does not take into account the taxpayer's personal capacity.

• Instant, as it is paid at time of ticket purchase, ticket or any other instrument.

The ordinance may establish exemptions or exemptions. In these cases you must follow the general guidelines referred to the Tax Code (2001), defined as the total or partial exemption from payment of tax liability, with its origin at the head of the Board or local law, respectively.

style usually can be ordered in cases of events with charitable, educational or other, must show the circumstances in each case.

Other times it requires compliance with specific formal duties, such as the registration records maintained by the administration, produce documents, communicate changes in the situation, others.

Like all taxes must be submitted to the COT guidelines on prescriptions.

As for inspections or audits, ordinances, rules often refer to TOC, can make the Municipal Tax Administration jointly or in coordination with other tax administrations, either National or State.

reader is suggested to take a look at the articles that I wrote above in addition to those named, called "From the Municipal Finance," Municipal and Budget "," municipal property "," Municipal and Public Utilities I and II”; que se encuentran publicados en el Blog eduardolarasalazarabogado.blogspot.com o en www.tecnoiuris.com (Pódium Jurídico Derecho Municipal o Grupo de Derecho Municipal Venezuela); para tener mayor información sobre lo aquí tratado.

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The CLPP in Act II of 2010

CLPP IN THE LAW OF 2010 II

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

As indicated in the previous article Local Public Planning Council (CLPP) is the planning of the municipality is responsible for the implementation of the Municipal Development Plan (PMD) and other municipal plans (tourism, urban planning, among others).

It Time to this point.

The PMD is the instrument of government that allows the level establish local plans, objectives, measures, targets, actions and resources towards the realization of their powers, particularly the nature concurrent with the other territorial and decentralized levels. Shall provide for the management and promotion of economic and social development that encourages the improvement of living conditions of the municipal community.

is relevant to note that this plan should be consistent with the National Economic and Social Development of the Nation and the other planning levels (national and state, both centralized and decentralized), in accordance with provided by the Organic Law of Planning Public People (2010).

To achieve the PMD is the practical application tool called PB, conceived as the mechanism that allows citizens to propose, discuss and decide on the formulation, implementation, monitoring and evaluation, to the municipality. It consists of three phases:

• Participatory appraisal is the study and analysis of the reality of the municipality that made the neighborhood and community organizations, linked with community councils, coordinated by the CLPP.

• Formulation, which must be made between the months of September and November of each year, taking into account the priority needs.

• Approval, it is up to the City Council (local legislative body), after its submission by the Mayor in accordance with the CLPP, contained in a draft ordinance of income and expenditure budget of the municipality that shall govern each economic-financial year in accordance with the provisions of the Organic Law of Municipal Public Power (LOPPM, 2010) and the Organic Law on Public Sector Financial Management (LOAFSP, 2010).

Without prejudice to the powers of the municipal comptroller as local councils with social comptroller calls, which are nothing more than a means of participation based on shared responsibility for the exercise of public power entrusted to work in the context of the role of monitor, prevent, monitor and control public administration and community, can be extended to the private sector when it affects collective or social interests, is looking for a model where you feel the care of public affairs through various mechanisms. The CLPP is one of the novel following the Constitution of the Bolivarian Republic of Venezuela (1999), because there part of its creation.

is also necessary remember that, at the state (federal agencies), there are a body similar to the CLPP, called State Councils Planning, chaired by the Governor of the State.

With the approval of the Organic Law of the Federal Council of Government (2010) the municipalities and states must adjust their procedures to the policy established by this instrument, with a view to providing financial resources to undertake works or services because it maintains close links with all political levels territorial public authority, following the model devised by the national level, as this is clear from this piece of legislation.

At the municipal level there are other plans of its own, such as tourism legislation in line with the LOPPM establishes the obligation to develop a tourism plan where it exists potential for exploitation in line with national guidelines for being an activity central and national cut, despite being concurrent jurisdiction.

Moreover, in urban, there is the so-called Local Urban Development Plan, which must develop the municipality in accordance with the Organic Law of Urban Planning (1987) and LOPPM.

reader is suggested to take a look at other items of my authorship for more wealth of information about this and other matters of municipal law, called "of the municipal", "From the Municipal Organization and Management", "public authorities", "The Federal Council of Government", "City and Urban "," Municipality and Planning "," Municipality and Budget "," From the Municipal Finance "," City and People's Power "," The Social Control, "among others which can be found in www.eduardolarasalazarabogado.blogspot.com or www.tecnoiuris.com (Podium Law Municipal Law).

Another time he touch on other topics related to this issue.