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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)

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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.

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The CLPP in the Act of 2010 I

CLPP IN THE LAW OF 2010 I

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

As part of legislative activity displayed by the National Assembly in late 2010, was passed to reform the Law on Local Public Planning Councils in 2006, is named as its predecessor.

The Law of Local Public Planning Councils (LCLPP, 2010) is to regulate the organization and operation of the Local Councils of Public Planning (CLPP), framed within the new concept of so-called people power, which the legislator seeks national policy instrument to ensure public participation in decision making throughout the municipal area.

CLPP are defined as the instance of town planning them and is assigned the Municipal Development Plan and other municipal plans, it is appropriate to emphasize that it is provided by the Organic Law of Public Power Municipal (LOPPM, 2010), which should contain the guidelines of the management program in the election manifesto of the candidate for mayor issued when you register with the Electoral Power for submitting his candidacy and to be applied once elected, with the contest municipal council and the CLPP.

The CLPP is required to act within the framework of the Economic and Social Development of the Nation, as well as other national and state plans, they also have to coordinate with those developed by the communal councils, communes and other Public Planning and People (2010).

The LCLPP establishes guiding principles of a socialist, for which values \u200b\u200binvoked as follows: participatory democracy, collective interest, honesty, legality, accountability, oversight, transparency, integrity, perfectibility, efficiency, effectiveness, equity, justice, social and gender equality, complementarity, cultural diversity, responsibility, cooperation, responsibility, social obligation, sustainability, defense and environmental protection, guaranteeing the rights of women, children, adolescents and vulnerable, defense of the integrity territorial and national sovereignty. The Act does not define any of them.

The CLPP is composed of the mayor, who chairs the city's councilors, presidents of parish community, a counselor for each community planning council in the jurisdiction, a director for each parish, a counselor for each social movement or organization (farmers, fishermen, workers, athletes, women, among others).. In those municipalities where there be no parishes will be formed an assembly of spokesmen of the community councils and many directors will be elected as council (municipal) has the same amount of them.

The CLPP has exerted a presidency by the mayor, a vice president, which corresponds to the director-elect within her womb and that comes from organizations or social movements, the secretariat, within designated out of the meeting, the directors. Counselors can not run for any public official, whether national, state or municipal. Case such that they do so Disposal of office shall be elected. The exercise of the functions of CLPP is honorary, with the exception of staff of the Technical and Secretariat, so that public officials (mayors, municipal) may not receive any remuneration in connection with their work. However, the Act has provided for Directors remuneration (diet) on account of attendance at meetings, we have identified as a minimum of five tributary units (5UT), must be provided within the operating budget of the CLPP.

CLPP Members of the following duration:

• Mayor, city councilors, chairmen of parish councils and community members appointed by the communities during their function.

• Counselors from community councils, social movements, including Vice President, will last two years in office may be reelected.

To carry out its functions, the CLPP is organized as follows

•

President • Vice

• Whole, is the creation of all members of the CLPP and the instance of deliberation and approval.

• Secretariat, the body supporting the president and vice president.

• Technical Chamber, is the specialized support unit CLPP

is essential to clarify and not to be confused with the City Council, which is the legislative body in the Municipal Power, nor with the communal councils as a form of organization and citizen participation and community on these has been explained in detail in two articles that I wrote previously published in these pages.

reader is suggested to take a look at other articles that I wrote for more wealth of information about this and other matters of municipal law, called "of municipal responsibilities," Organization and Management of Municipal , "the government", "The Federal Council of Government", "City and Urban Planning "," 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).

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