Why Some Instruments For Seeking Co-Existence, The Effectiveness Of Justice And Other Provisions

Original Language Title: Por la cual se consagran unos instrumentos para la búsqueda de la convivencia, la eficacia de la justicia y se dictan otras disposiciones

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418 OF 1997

(December 26)

Official Journal No. 43,201 of 26 December 1997

For which instruments are devoted to the search for coexistence, the effectiveness of justice, and other provisions are dictated.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

PART FIRST

GENERAL PART

ARTICLE 1o. The rules enshrined in this law are intended to provide the Colombian State with effective instruments to ensure the validity of the Social and Democratic State of Law and to guarantee the Full of the fundamental rights and freedoms recognized in the Political Constitution and/or the International Treaties approved by Colombia.

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ARTICLE 2o. In the application of the privileges conferred in this law, the criteria of proportionality and necessity shall be followed, while for the determination of its content and scope, the The interpreter must be the literal tenor according to the natural and obvious sense of the words, without the pretext of disentangling his spirit, the powers that are not expressly conferred can be used.

In the exercise of the same powers, the essential core of fundamental rights cannot be undermined, nor will it alter the distribution of powers established in the Constitution and the laws and in its application will always be taken into account. purpose of the achievement of peaceful coexistence.

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ARTICLE 3o. The State will promote the establishment of a just social order that will ensure peaceful coexistence, the protection of the rights and freedoms of individuals and will adopt measures in favor of groups discriminated against or marginalized, with a view to achieving conditions of real equality and to provide all of the same opportunities for their proper development, that of their family and their social group.

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ARTICLE 4o. 10 of Act 1421 of 2010. The new text is as follows: > The authorities will ensure that individuals resolve their differences in a democratic and peaceful manner, facilitate the participation of all in the decisions that affect them and must resolve the requests that citizens present to them for the satisfaction of their needs and the prevention and treatment of disturbances to safety, tranquility, healthiness and the environment.

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ARTICLE 5o. The authorities will guarantee in accordance with the Constitution and the laws of the Republic, the free development, expression and action of civic, social and popular protests.

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ARTICLE 6o. In the general part of the national development plan and in which the territorial entities are adopted, the goals, priorities and macroeconomic policies aimed at achieving a equitable social development and integration into the regions of colonization, or traditionally marginalized or in which the state presence is insufficient for the fulfillment of the aims foreseen in the article 2o. of the Political Constitution with the object of propender for the achievement of the coexistence, within a just, democratic and peaceful order.

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ARTICLE 7o. 4 of Act 1421 of 2010. The new text is as follows: > The boards of the Senate and Chamber First Commissions will form a commission in which all parties and political movements represented in the respective commissions will have seats. to monitor the implementation of this law, to receive the complaints raised on the occasion of the law, and to review the reports requested from the National Government.

The Government must submit reports within the first ten (10) days of each legislative period to the committees concerned with this article, referring to the use of the privileges conferred upon it by this law, as well as on measures aimed at improving the economic conditions of the marginalized areas and groups of the Colombian population.

The reports submitted to the commissions shall show, in an articulated manner, the performance of the general and specific purposes contained in this law.

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TITLE I.

INSTRUMENTS FOR THE SEARCH FOR COEXISTENCE

CHAPTER I.

PROVISIONS TO FACILITATE DIALOGUE AND THE SIGNING OF AGREEMENTS WITH ARMED GROUPS ORGANIZED OUTSIDE THE LAW FOR DEMOBILIZATION, RECONCILIATION BETWEEN COLOMBIANS AND PEACEFUL COEXISTENCE.

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ARTICLE 8o. 1 of Act 1779 of 2016. The new text is as follows: > Representatives expressly authorized by the national government, in order to promote reconciliation among Colombians, peaceful coexistence and peace, will be able to:

-Conduct all acts to engage in talks and dialogues with organized armed groups outside the law.

-Advance dialogues, negotiations, and sign agreements with spokespersons or members of the armed groups organized outside the law, aimed at: obtaining solutions to the armed conflict, achieving the effective implementation of the law international humanitarian law, respect for human rights, the cessation of hostilities or their reduction, the return to civilian life of the members of these organizations or their transit to the law and the creation of conditions that will a fair political, social and economic order.

The agreements and their content will be those that are necessary in the government's view to advance the peace process and their compliance will be verified by the national or international bodies that for the purpose and by common accord will appoint the parts.

These agreements must guarantee the normal and full functioning of the civil institutions in the region where the armed group exercises influence over the law that subscribes it.

When the national government so decides, as agreed by the parties, in the framework of a disarmament process, an international body may be in charge of functions such as administration, registration, control, destruction or final disposal of the arms of the armed group organised outside the law and the other activities necessary to carry out the process.

To the respective international body that the parties agree to be granted all the facilities, privileges, tax and customs, and protection necessary for their establishment and operation in the national territory.

PARAGRAFO 1o. In accordance with International Humanitarian Law standards, and for the purposes of this law, it is understood by armed group organized outside the law, who under the direction of a command responsible, exercises over a portion of the territory such control as to enable it to conduct sustained and concerted military operations.

It is understood by a member-representative, the person that the armed group organized outside the law designates as his representative to participate in the dialogue, negotiation or subscription of agreements with the national government or its delegates.

It is understood by a civil society spokesman that without belonging to the armed group organized outside the law, but with the express consent of the latter, it participates in its name in the peace processes, dialogues, negotiations and agreements. He shall not be admitted as a spokesperson, the person against whom he or she is hearing, prior to the commencement of such, resolution or writing of an indictment.

PARAGRAFO 2o. Once a process of dialogue, negotiation or signing of agreements is initiated, and in order to facilitate the development of the agreements, the corresponding judicial authorities will suspend the arrest warrants Representatives of the armed organizations have been or are being handed over to the members of the armed organizations in the margins of the law with which they are brought forward in talks, negotiations or peace agreements.

To this end, the national government shall inform the authorities of the initiation, termination or suspension of dialogues, negotiations or signing of agreements and shall certify the participation of persons acting as spokespersons or members. representatives of these armed groups organized outside the law. The parties shall agree on mechanisms for the joint verification of agreements, dialogues or approaches, and if appropriate, they may refer to institutions or persons of national or international life in order to carry out such verification.

Also, the arrest warrants that are issued against the spokespersons will be suspended after the beginning of the dialogues, negotiations or subscription of agreements, for the term that they last.

The security and integrity of all those involved in the peace processes, dialogues, negotiations and agreements that this law deals with will be guaranteed.

PARAGRAFO 3o. The national government or the representatives expressly authorized by it, may agree with the spokespersons or representatives of the armed organizations outside the law, in a peace process, and for the purposes of this Article, its temporary location or that of its members in precise and certain areas of the national territory, to be considered appropriate. In the affected areas, the execution of the arrest warrants against these and the other members of the group organized outside the law will be suspended as well as during the course of the movement towards them until the government so does. determine or declare that the process has completed. Additionally, if the parties so agree, at the request of the national government, the execution of the arrest warrants against any of the members of the armed group organized outside the law may be suspended. outside the areas, to advance activities of the peace process.

In those areas, which cannot be located in urban areas, the normal and full exercise of the rule of law must be guaranteed. The government will define how public institutions will function to guarantee the rights of the population. In accordance with what the parties agree to in the framework of the peace process, the Government in establishing the areas shall:

1. Specify the geographical delimitation of the zones.

2. To establish the role of national and international bodies involved in the process of the dejation of arms and transit to the legality of armed organizations outside the law.

3. Establish the conditions and commitments of the parties to define the temporality and functioning of the areas mentioned.

PARAGRAFO 4o. The President of the Republic, by means of an express order and in the manner that he considers pertinent, will determine the location and the modalities of action of the Public Force, being fundamental to this to blame the rights and freedoms of the community, nor to create social problems or problems.

PARAGRAFO 5o. When it comes to dialogues, negotiations or signing agreements with the national government, the quality of the member of the armed group organized outside the law in question will be accredited by a list of subscribed by the spokespersons or representatives appointed by that group, in which such quality is expressly recognised.

This list will be received and accepted by the High Commissioner for Peace in good faith, in accordance with the principle of legitimate trust, the basis of any peace agreement, without prejudice to the corresponding verifications.

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ARTICLE 9o.

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ARTICLE 10. 4 of Law 782 of 2002. The new text is as follows: > The direction of any peace process corresponds exclusively to the President of the Republic as responsible for the preservation of public order throughout the Nation. Those who, in the name of the Government, participate in the peace talks and agreements, shall do so in accordance with the instructions given by them.

The President of the Republic will be able to authorize the participation of representatives from various sectors of civil society in the talks, dialogues and negotiations referred to in this chapter, when in his opinion they can collaborate in the development of the peace process.

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ARTICLE 11. 46 of Law 782 of 2002 >

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ARTICLE 12. 3 of Law 1738 of 2014. The new text is as follows: > Persons who participate in the approaches, dialogues or negotiations, as well as in the conclusion of the agreements referred to in this Chapter with the authorization of the national government, shall not incur criminal liability, or disciplinary responsibility for their intervention in the same.

PARAGRAFO. They may request the file of the investigation, the preclusion of the same, or any form of termination when the facts are shown to have been developed in any of the stages of the process. approaches, negotiations, dialogues, signing of agreements, and those arising from the implementation of the agreements.

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CHAPTER II.

PROVISIONS TO PROTECT MINORS AGAINST THE EFFECTS OF ARMED CONFLICT

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ARTICLE 13. CHILDREN UNDER 18 YEARS OF AGE WILL NOT BE INCORPORATED INTO RANKS FOR THE PROVISION OF MILITARY SERVICE. 2 of Act 1738 of 2014. Valid for 4 years (Art. 8). The new text is as follows: > To students of 11th grade, minors who, under Law 48 of 1993, will be chosen to provide such service, will be deferred for incorporation into the until the age of the year.

If the young person who has deferred his or her military service is enrolled or admitted to an undergraduate program at higher education institution, he will have the option of immediately fulfilling his or her duty or postponing it. for the time of completion of his studies. If I opt for immediate compliance, the educational institution will retain the respective quota under the same conditions. The interruption of higher education will require the obligation to join the military service. No institution of higher education may require as a requirement to obtain an undergraduate degree to present a military book.

The civil or military authority unaware of this provision will incur a causal of misconduct punishable by dismissal.

PARAGRAFO 1o. The young man summoned to the ranks who has deferred his military service until the completion of his professional studies will fulfill his constitutional duty as a university professional or professional technologist service of the Armed Forces in activities of social service to the community, in civil works and tasks of a scientific or technical nature in the respective dependency to which it is assigned. In such a case, the military service shall be six months long and shall be homologable to the rural year, period of practice, industrial semester, compulsory social service or similar academic requirements as the respective career shall establish as Grade requirement. In any case, it will replace the mandatory social service referred to in Article 149 of Law 446 of 1998.

Editor Notes

PARAGRAFO 2o. The approval of the compulsory social service in health careers will be obtained, provided that the activities carried out in the provision of the military service, respond to the training and competition professional from being called to rows.

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ARTICLE 14. 5 of Act 1421 of 2010. The new text is as follows: > In addition to the criminal penalties provided for in Article 162 of the Criminal Code for those convicted of illicit recruitment of minors, they may not be creditors of the legal benefits covered by this law.

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TITLE II.

ATTENTION TO THE VICTIMS OF VIOLENT EVENTS THAT ARISE IN THE FRAMEWORK OF THE INTERNAL ARMED CONFLICT.

CHAPTER I.

GENERAL PROVISIONS

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ARTICLE 15. for not having been extended this article by Law 1738 of 2014 > 6 of Law 782 of 2002. The new text is as follows: > For the purposes of this law, it is understood by victims of political violence, those persons of the civilian population who suffer damages in their life, or serious deterioration in their personal integrity or in their property, by the reason for terrorist attacks, fighting, kidnappings, attacks and massacres in the context of the internal armed conflict. The displaced are victims in the terms of article 1or. of Law 387 of 1997.

Likewise, a victim of political violence is understood as any minor person who takes part in the hostilities.

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ARTICLE 16. for not having been extended this article by Law 1738 of 2014 > 7 of Law 782 of 2002. The new text is as follows: > In the development of the principle of social solidarity, and given the special harm suffered by the victims, they will receive humanitarian assistance, understood by such the indispensable help to meet the requirements essential, in order to satisfy the rights which have been undermined by the acts set out in Article 15. This humanitarian aid will be provided by the public entities as well: by the Social Solidarity Network, in the development of its legal object and in accordance with the guidelines that the Board of Directors, and the other public entities, will point out for the effect. identified in this law, within the framework of its powers, provided that the application is raised within the year following the occurrence of the event.

PARAGRAFO 1o. In case of force majeure or fortuitous cases that prevent the victim from submitting the application in due time, the term referred to in this provision must be counted from the moment the facts cease reason for such impairment.

PARAGRAFO 2o. The National Government will appropriate the necessary resources in the General Budget of the Nation-Social Solidarity Network-in order to provide humanitarian assistance, in accordance with the objectives set out in the present law.

PARAGRAFO 3o. The humanitarian aid will be delivered directly by the Social Solidarity Network, ensuring free access to the process, so that the beneficiaries receive it in full.

PARAGRAFO 4o. The benefits of economic content that are granted to the displaced will be governed by Law 387 of 1997.

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ARTICLE 17. for not having been extended this article by Law 1421 of 2010 > 8 of Law 782 of 2002. The new text is as follows: > The Colombian Institute of Family Welfare will design and implement a special protection program for the assistance of all the cases of minors who have taken part in the hostilities or have been victims of political violence, within the framework of the internal armed conflict.

The Colombian Family Welfare Institute will provide priority assistance to minors who have been left without family or whose family is not in a position to care for them, because of the acts referred to in this law.

PARAGRAFO. When the Operating Committee for the Dejation of Arms is convened and the child cases are treated, the family advocate must be quoted.

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ARTICLE 18. for not having been extended this article by Law 1738 of 2014 > 9 of Law 782 of 2002. The new text is as follows: > When any of the events referred to in Article 15 of this Law, the Municipal Mayor's Office, the Municipal Person, or the entity that does its times, the census of the persons must be drawn up. affected in their life, in their personal integrity or in their property, containing at least the identification of the victim, their location and the description of the event, and send it to the Social Solidarity Network within a term not exceeding 8 working days counted from the occurrence of the same.

Equally, it will issue an individual certification to the beneficiaries of the deceased, which must contain the same census data, an essential requirement for the recognition of humanitarian aid by the Solidarity Network. Social.

If the Social Solidarity Network establishes that one of the certified persons does not have the quality of the victim, it will lose the rights granted to it by this title, in addition to the criminal penalties that correspond, and must reimburse the sums of money and the goods that have been delivered to you. In the case of loans, the financial establishment that has granted it may maintain it, readjusting the conditions to the market rate.

PARAGRAFO. The legal representative of the Social Solidarity Network will draw up the lists of displaced persons in cases where they are impossible for the municipal authorities.

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CHAPTER II.

HEALTH CARE

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ARTICLE 19. for not having been extended this article by Law 1738 of 2014 > 10 of Law 782 of 2002. The new text is as follows: > Hospital institutions, public or private, of the national territory, which provide health services, have an obligation to immediately pay attention to the victims of terrorist attacks, combat and massacres, caused in the context of the internal armed conflict, and which require it, regardless of the socioeconomic capacity of the applicants for these services and without requiring prior condition for their admission.

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ARTICLE 20. for not having been extended this article by Law 1738 of 2014 > Medical, surgical and hospital care services will consist of:

1. Hospitalization.

2. Surgical medical material, of osteosynthesis and orthosis, in accordance with the technical criteria to be established by the Ministry of Health.

3. Medicines.

4. Medical fees.

5. Support services such as blood banks, laboratories, diagnostic imaging.

6. Transport.

7. Physical rehabilitation services, for the time and according to the technical criteria set by the Ministry of Health.

8. Mental rehabilitation services in cases where as a result of the terrorist attack the person is severely disabled to develop a normal life according to his situation, and for the time and according to the technical criteria to set the Ministry of Health.

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ARTICLE 21. for not having been extended this article by Law 1738 of 2014 > 11 of Law 782 of 2002. The new text is as follows: > The recognition and payment of the medical, surgical and hospital care services referred to in the above articles will be carried out through the Ministry of Health with the resources of the Fund Solidarity and Guarantee of the General System of Social Security in Health, Fosyga.

PARAGRAFO 1o. For the purposes of running the resources of the Catastrophic Event Sub-account and Transit Accidents of the Solidarity and Guarantee Fund (Fosyga), it will be understood as events or terrorist actions. They are based on the internal armed conflict affecting the civilian population and related to terrorist attacks, fighting, attacks on municipalities and massacres. Unless they are covered by another health insurer.

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PARAGRAFO 2o. The National Government and the National Council of Social Security in Health, will be able to review and adjust the coverage ceilings of the benefits in charge of the Fosyga.

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ARTICLE 22. for not having been extended this article by Law 1738 of 2014 > Affiliates to Social Security or Social Security entities, such as Social Security Fund, Family compensation or the Social Insurance Institute, which will be the victims of the terrorist attacks referred to in this Title, will be remitted once the emergency care is given to them and their stabilisation is achieved. hospital institutions that define these entities so that the required treatment. The costs resulting from initial emergency treatment, as well as subsequent treatment costs, will be borne by the corresponding Social Security and Social Security institutions.

PARAGRAFO. Those persons who are in the situation provided for in this standard and who are not affiliated with any social security or forecasting entity, will access the benefits for demobilized referred to in Article 158 of Law 100 of 1991, as long as they do not join the contributory scheme under contract of employment relationship.

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ARTICLE 23. for not having been extended this article by Law 1738 of 2014 > Expenses that demand the attention of victims covered by policies of health insurance companies or contracts with prepaid medical firms, shall be covered by the State in accordance with the provisions of this Title, in that part of the package of services defined in Article 20 that are not covered by the respective insurance or contract or which are not sufficiently covered.

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ARTICLE 24. for not having been extended this article by Law 1738 of 2014 > The Ministry of Health shall exercise the evaluation and control on aspects relating to:

1. Number of patients treated.

2. Medical-surgical actions.

3. Hospital supplies and supplies spent.

4. Cause of egress and prognosis.

5. Condition of the patient in front of the hospital.

6. Other factors that constitute costs of the service, in accordance with the provisions of article 20 of this law.

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ARTICLE 25. for not having been extended this article by Law 1738 of 2014 > Failure to comply with the provisions of this chapter, shall be the cause of sanction by the competent authorities in the development of its inspection and surveillance functions, in accordance with the provisions of Article 49 of Law 10 of 1990, and other relevant rules.

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CHAPTER III.

HOUSING ASSISTANCE

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ARTICLE 26. The households affected by the acts referred to in Article 15 of this Law may access the Family Housing Allowance in accordance with the the current rules governing the matter, without taking into account the value of the housing solution for which the acquisition or recovery is the subject of financing.

The Board of Directors of the National Institute of Housing of Social Interest and Urban Reform, Inurbe, will exercise the functions granted to it by the current regulations governing the matter in relation to the family allowance for housing (a) Chapter, taking into account the constitutional duty to protect persons who are in a situation of manifest weakness and the principle of solidarity, which is why they should give priority to applications submitted by households which have been victims.

In cases where, due to the economic circumstances of the victims, they cannot use the value of the subsidy to finance the acquisition or recovery of a housing solution, the amount of the allowance may be allocated to to finance, in whole or in part, the value of the lease fee for a housing solution.

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ARTICLE 27. For the purposes of this chapter, "Homeless Households" shall mean those defined in accordance with the current regulations governing the matter, without regard to their expression in monthly minimum legal salaries, which, due to acts that are caused in the context of the internal armed conflict, lose their housing solution in whole or in part, in such a way that it does not offer the minimum conditions of habitality or stability in structures. Similarly, the households whose members, at the date of occurrence of the act of the survivor's act, were not the owners of a housing solution and who, by reason of these acts, had lost the member of the household of those who derived their sustenance.

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ARTICLE 28. The applicants for the Family Housing Allowance under the conditions under which this chapter is treated may benefit from any of the plans declared eligible by the National Housing Institute of Social Interest and Urban Reform, Inurbe.

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ARTICLE 29. 12 of Law 782 of 2002. The new text is as follows: > The maximum amount of the family housing allowance in this chapter shall be that which is granted at the time of application to the beneficiaries of housing of social interest.

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ARTICLE 30. The applications to the Family Housing Allowance that this chapter deals with, will be attended by the National Institute of Housing of Social Interest and Urban Reform, Inurbe, with charge of the resources allocated by the National Government for the Housing Allowance of Social Interest. The respective applications shall be decided within ten (10) working days following their submission.

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ARTICLE 31. It will apply to the Family Housing Allowance that deals with this chapter, established in the current regulations governing the matter, as soon as it is contrary to what is available here.

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CHAPTER IV.

CREDIT ASSISTANCE

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ARTICLE 32. OF INSURANCE POLICIES FOR LAND OR RIVER TRANSPORT. 2 of Law 1421 of 2010. The new text is as follows: > The financial institution of an official nature to be determined by the National Government, will review the loans granted by the various credit institutions to finance the replacement or repair of vehicles. (land or river), machinery, equipment, equipment, furniture and equipment, working capital of natural or legal persons, whether or not they have the quality of traders, and the repair or reconstruction of buildings for commercial premises, in the case of victims of the acts referred to in Article 6or Act 782 of 2002 or in cases where the public order alteration warrants it.

All of these furniture, in real estate, must be affected in the case of victims of the acts referred to in Article 6or of Law 782 of 2002 or in cases where the alteration of the public order amerite.

Likewise, in the development of the principle of solidarity, the financial institution of an official nature to be determined by the National Government, shall directly grant the victims of the acts referred to in Article 6or of this law, loans to finance the reconstruction or repair of affected buildings.

PARAGRAFO. However, the existence of lines of credit for replacement or repair of vehicles, the National Government will maintain the insurance of protection of urban and inter-municipal public transport vehicles or river in order to secure them against the acts referred to in Article 6or Law 782 of 2002 or in cases where the alteration of the public order warrants it, cases in which the affected person will not be able to access the two benefits.

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ARTICLE 33. for not having been extended this article by Law 1421 of 2010 > 14 of Law 782 of 2002. The new text is as follows: > In the course of its functions, the Social Solidarity Network will contribute to the implementation of the operations referred to in the previous article, as follows: the difference between the rate at which In order to ensure that the credit institutions do not receive credit, it will be necessary to make sure that the funds are available to the public. covered by the resources of the Social Solidarity Network, in accordance with the terms that for the purpose stipulated in the agreement signed between the latter and the Institute of Industrial Development, IFI, or the financial institution of an official nature designated by the National Government. The difference between the rate of acquisition of the Gransave Bank or the official financial institution indicated by the National Government and the rate at which the credit is actually granted will be covered, increased by three (3) points, with to the resources of the Social Solidarity Network, in accordance with the terms stipulated in the agreement which for that purpose is signed between the latter and the respective financial institution.

In the agreements referred to in this article, the conditions and amounts that they may have, both the reaccounting credits by the Institute of Industrial Development, or the financial institution of an official nature indicated by the National Government, such as those granted by the Gransave Bank or the official financial institution that the National Government points out, in the development of this chapter, for which the principle of solidarity and the duty of protect people who are in circumstances of manifest weakness.

PARAGRAFO 1o. In the conventions referred to in this article, the conditions and amounts that may have both the credits, the reaccounting by the Institute of Industrial Development or the financial institution of the official nature indicated by the National Government, such as those granted by the Banco Granorto or the official financial institution which the National Government points out, in the development of this chapter, for which the principle of solidarity and the duty to protect people who are in circumstances of manifest weakness. In no case shall these claims exceed 0.5 of monthly interest.

PARAGRAFO 2o. The Social Solidarity Network will subsidize the lines of credit referred to in this chapter, in accordance with the regulations adopted by its Board of Directors.

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ARTICLE 34. In development of the principle of solidarity, the Fund for the Financing of the Agricultural Sector, Finagro, will make the discount of the operations performed by the entities belonging to the System National of Agricultural Credit to the victims of the violent acts that is dealt with in article 15 of this law to finance credits of working capital and investment.

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ARTICLE 35. In order to carry out its duties, the Social Solidarity Network of the Presidency of the Republic will contribute to the implementation of the operations referred to in the previous article of the following way:

The difference between the rate at which the Fund for Agricultural Sector Financing is usually captured-Finagro-and the rate at which the rediscount of the credits granted by the credit institutions will be paid will be covered by the charge. to the resources of the Social Solidarity Network, in accordance with the terms that are stipulated in the agreement signed between the Fund for the Financing of the Agricultural Sector-Finagro-and the Social Solidarity Network.

In the agreement referred to in this title, the conditions and amounts that the reaccounting credits may have for the Fund for Financing the Agricultural Sector, under development of this chapter, will be specified for this purpose. take into account the principle of solidarity and the duty to protect people who are in circumstances of manifest weakness.

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ARTICLE 36. 15 of Law 782 of 2002. The new text is as follows: > Credit institutions shall design the appropriate procedures for the examination of applications for credit referred to in this Chapter, as a matter of priority, in the shortest possible time and requiring only the documents strictly necessary for the effect.

The Banking Superintendency shall ensure the application of the provisions of this Article, for which credit institutions shall send a monthly report containing the applications submitted, approved and rejected, in such a way as to case explaining the reason for the rejection.

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ARTICLE 37. The Social Solidarity Network will centralize information on people who will benefit from the credits set out here, with the data that the effect of which must be provided by the credit institutions that grant the various loans, with the purpose that financial institutions and public authorities may have the exact information on persons who have benefited from a given line of credit. credit, by drawing up the respective lists.

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ARTICLE 38. 16 of Law 782 of 2002. The new text is as follows: > The establishment of credit to which the victim of the violence raises the respective application, after the study of the documentation, must determine the impossibility of the applicant to offer a guarantee sufficient in accordance with the sound financial market practices and shall proceed with the respective holders to apply for the guarantee certificate to the National Guarantee Fund, the FNG, or the financial institution of an official nature identified by the National Government.

When the victims of the acts referred to in Article 15 of this law are unable to provide a sufficient guarantee, in order to respond to the appropriations provided for in the previous articles, the appropriations shall be guaranteed by the National Guarantee Fund, FNG, or the official financial institution designated by the National Government.

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ARTICLE 39. 17 of Law 782 of 2002. The new text is as follows: > The establishment of credit may make cash before the National Guarantee Fund, FNG, or the financial institution of official nature indicated by the National Government, the corresponding guarantee certificate for the balance in his favour is reimbursed, provided that, in addition to fulfilling the conditions agreed upon, the fund is credited to the fund which has failed to produce the necessary actions for the recovery of the sums due.

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ARTICLE 40. 46 of Law 782 of 2002 >.

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ARTICLE 41. 46 of Law 782 of 2002 >.

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CHAPTER V.

EDUCATIONAL ASSISTANCE

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