Key Benefits:
LAW 1476
(July 19)
Official Journal No. 48.135 of 19 July 2011
CONGRESS OF THE REPUBLIC
For which the regime of administrative responsibility for loss or damage of property or the service of the Ministry of National Defense, its assigned or connected entities or the Public Force is issued.
COLOMBIA CONGRESS
DECRETA:
ARTICLE 1o. HUMAN DIGNITY. Whoever intervenes in the administrative action will be treated with respect due to the inherent dignity of the human being.
ARTICLE 2o. LEGALITY. The staff to whom this law is addressed shall be investigated and administratively responsible in accordance with the provisions and procedures laid down in this Regulation.
ARTICLE 3o. PRESUMPTION OF INNOCENCE. The recipients of this law are presumed innocent as long as their responsibility is not declared enforceable. Any reasonable doubt will be resolved in favour of the investigation where there is no way of eliminating it.
ARTICLE 4. HIERARCHY. The administrative action shall always be exercised by a higher level, degree or seniority to the process.
ARTICLE 5o. PROCESS. The addressee of the administrative action shall be prosecuted in accordance with the pre-existing substantive and procedural laws to the act attributed to him, to the competent official previously established and observing the fullness of the forms of the procedure laid down in the Political Constitution and in this law.
ARTICLE 6o. DETERMINATION OF THE ADMINISTRATIVE DECISION. The administrative failure will be firm when:
1. Where there is no appeal against them.
2. Where the proceedings have been decided.
3. Where resources are not made available, or where they are expressly waived.
ARTICLE 7o. SPEED OF PROCESS. The competent official will officiously boost the administrative performance and strictly comply with the terms provided for in this law.
ARTICLE 8o. CULPABILITY. In administrative matters, all forms of objective responsibility are prohibited and it will only be possible to attribute it to the title of dolo or guilt.
ARTICLE 9o. PROPORTIONALITY. Where administrative responsibility is attributed to the addressees of this law, the amount to be paid must correspond to the value of the good or the damage caused when the event is presented, if it is not possible to replace it or repair.
ARTICLE 10. NORMATIVE INTEGRATION. In the application of this law, the principles and rules contained in this law and in the Political Constitution shall prevail. The provisions of the Administrative Code, the Code of Civil Procedure and the Military Penal Code, as soon as they are compatible with the nature of the administrative information, will be applied in their order.
ARTICLE 11. RIGHT OF DEFENSE. During the administrative action, the investigation has the right to the material defense and to the designation of a defender if he considers it necessary. When he is declared an absent person, he must be represented by an ombudsman, who may be a duly accredited student of legal practice.
SUSANTIVA PART.
SCOPE AND RECIPIENTS.
ARTICLE 12. APPLICATION SCOPE The provisions contained in this law shall apply to their recipients when they result in the loss or damage of property or the service of the Ministry of National Defense, their entities attached or linked or the Public Force.
ARTICLE 13. ADDRESSEES. Natural persons who provide their services to the Ministry of National Defense, their assigned or linked entities or the Public Force, the students of the training schools and those who provide service are recipients. Mandatory military force in the Public Force, although later withdrawn.
It will also apply to natural persons hired as an official worker, service delivery, or otherwise.
El Comercio] The personnel who provide the mandatory military service in the Military Forces or the National Police will be subject to administrative action, even though they are no longer providing the service.
OF RESPONSIBILITY.
ARTICLE 14. INDIVIDUALIZATION OF RESPONSIBILITY. Recipients respond in money or in kind.
When the liability is in kind, it will be established based on the terms enshrined in Article 32 of the present codification, for the loss or damage caused to the goods, whether or not they are located under their custody.
ARTICLE 15. LIABILITY IN ORDER TO BE CONTRARY TO THE LAW. The damages or losses resulting from an order contrary to the law, carry equal administrative responsibility for the one who imparted it.
ARTICLE 16. ELEMENTS OF ADMINISTRATIVE RESPONSIBILITY. The administrative responsibility is structured when the following elements are configured concomitantly:
1. A conduct deployed by the recipient of this law that creates a legally disapproved risk or endangers the goods protected in this law.
2. An anti-legal or loss damage produced to them.
3. The realization of such a risk or put in danger in a result.
PARAGRAFO. The degree of guilt from which administrative responsibility can be established will be the fault of the minor fault.
ARTICLE 17. DISCLAIMER OF LIABILITY. They are causative grounds for administrative liability:
1. Force majeure or fortuitous case.
2. The fact of a third.
3. Natural deterioration, normal and legitimate use of good.
ARTICLE 18. JOINT RESPONSIBILITY. If the damage or loss is caused by two or more recipients of this law, they shall respond jointly. In the same way it will be done by the one who determines another to commit it.
COMPETENCE.
ARTICLE 19. FACTORS THAT DETERMINE COMPETITION. The competition to fail will be determined by taking into account the amount of damage or loss and the unit or unit where the asset is in inventory.
When the good is not in inventories but is at the service of the Ministry of National Defense, its assigned or linked entities or the Public Force, it will know and will fail the competent administrative authority of the unit that has the administration, custody or use of the good.
ARTICLE 20. COMPETENCE FOR PREVENTION. The authority with administrative powers of the place where the loss or damage of the good is present, shall order the corresponding investigation and shall transmit the measures carried out within the fifteen (15) days following for the competent official to proceed with the procedure.
ARTICLE 21. COMPETITION FOR THE AMOUNT. Stop the following authorities to fail the administrative processes:
1. Less than two (2) smlmv
In the Ministry of National Defense, in the entities attached to or linked to the Ministry of National Defense, in the General Maritime Directorate, in the Military Forces General Command, in the Force Commands, in the Military Units, and in the National Police, they will know and fail in a single instance, the Chief of the respective administrative, military or police dependency where the good is found in inventory.
2. From 2 to 150 smlmv
2.1 In the Ministry of National Defense
The Administrative Director or his or her equivalent and, in the second instance, the Secretary-General or its equivalent, shall be the first instance.
2.1.1 In entities attached to or linked to the Ministry of National Defense
The Sub-Manager, the respective Subdirector, General Secretary, or their equivalents will fail in the first instance. In any case, the official shall immediately be known as the deputy director, the manager or his equivalent in a hierarchical or organizational line.
In the second instance: the Director, the Manager or its equivalent.
2.1.2 In the Maritime Directorate General (Dimar)
In the first instance, the active duty officer will fail to perform as Captain of Port, Deputy Director of the Maritime Directorate General, Director of the Center for Oceanographic and Hydrographic Research, Commander of Oceanographic Unit, Hydrographic, Beacon, Maritime Senalization Manager and Group Coordinators, or those who do their times.
In the second instance, the active-duty officer who follows the Maritime Director General will fail.
2.2 Military Forces General Command
In the first instance, the General Assistant of the Military Forces General Command and the Subdirector of the Superior War School will fail.
In the second instance, the Chief of Staff of the Military Forces.
2.3 Force Commands
2.3.1 National Army
In the Directorates and other organic components of the Headquarters of the Headquarters of the Army Command, the Director, Commander or its equivalent will first fail. In the second instance the Head of the respective Head will fail.
In the other organic offices of the Army Command Headquarters, the Assistant General of the Army Command will fail in the first instance. Second, the Second Army Commander.
In the Recruitment Zones, the Commander of the Zone will fail in the first instance. In the second instance the Director of Recruitment and Control Reserves.
2.3.1.1 Military Units
In the larger operating units or their equivalent will fail in the first instance the Chief of Staff. Second, the Second Army Commander.
In the minor operational units, tactics and techniques of the National Army or its equivalents will fail in the first instance the Second Commander, Executive or its equivalent. In the second instance, the Second Commander of the higher organic unit will fail.
In the Schools and Institutes of training of officers, non-commissioned officers and professional soldiers, the Deputy Director or his equivalent will fail in the first instance. The Director or its equivalent will fail in the second instance.
Military Units without Second Commander, Executive or their equivalents.
In the Units that do not have a Second Commander or their equivalents, the Second Commander of the Military Unit of which they are administratively dependent will fail in the first instance.
In the second instance, the Second Commander of the higher organic unit will fail.
2.3.2 National Navy
In the offices of the headquarters, the Assistant General of the Command will fail in the first instance, and the Second Commander will be the second.
In the Directorate of Naval Health, in the first instance the Deputy Director or who does his or her times and in second the Director. In the Marine Command, the Chief of Staff and the second Marine Commander will fail in the first instance.
2.3.2.1 Military Units
In all the major operating units, minors, tactical and technical units of the National Navy, the Schools and Institutes of training of officers, non-commissioned officers and Marines, will fail in the first instance the Second Commander, Deputy director or equivalent.
In the second instance, the Commander, Director or its equivalent will fail.
The processes for events occurring in the Military Health establishments shall be known in the first instance by the respective Director or his equivalent and in the second instance by the Deputy Director of Health or its equivalent.
Military Units without Second Commander, Deputy Director or their equivalents.
In the Units that do not have a Second Commander, Deputy Director or equivalent in the National Navy, the Commander of the Military Unit will fail in the first instance and the Second Commander, Chief of Staff, or the like of the respective Unit of which they are administratively dependent.
2.3.3 Air Force
In the offices of the headquarters, the Adjutant General of the Command will fail in the first instance, and the Second Commander of the Force will be the second instance.
2.3.3.1 Military Units
In the Air Command, Air Groups, Military Aviation School, Aeronautical Military Institute, and School of Subofficers, the Second Commander or Deputy Director will fail in the first instance as appropriate.
The Commander, Director, or its equivalent will fail in the second instance.
2.4 National Police
You will first fail in your respective jurisdiction.
Directors of the Directorate General.
The Zone Commanders.
The Directors or Heads of Bodies or Entities of the Public Administration, when these charges are performed by members of the Institution, and are assigned to it.
The Metropolitan Police and Police Department Subcommanders.
The Heads of Administrative Area of the Schools of Training and Specialization in the respective School.
In the second instance, they will fail:
The Deputy Director General for the rulings provided by the Directors of the Directorate-General and Directors or Heads of Bodies or Entities of the Public Administration, when these charges are performed by members of the Institution and are assigned assets of the same.
Directors of the Directorate-General for the failures offered by Zone Commanders.
Metropolitan Police Commanders and Police Departments for the rulings given by the respective Subcomandante.
Directors of Training School or Specialization for the failures offered by the respective Chief of the Administrative Area.
3. Greater than 150 and up to 300 smlmv
3.1 In the Ministry of National Defense
The Administrative Director or its equivalent and the second instance the Secretary-General or its equivalent will be the first instance.
3.1.1 In entities attached to or linked to the Ministry of National Defense
The first instance will fail: The Submanager, the respective Subdirector, General Secretary, or their equivalents. In any case, the official shall be immediately subaltern to the Director, Manager or his equivalent in a hierarchical or organizational line.
In the second instance: The Director, the Manager or its equivalent.
3.1.2 On Dimar
In the first instance, the active duty officer will fail to follow the Maritime Director General and the second instance, the Maritime Director General.
3.2 In the Military Forces General Command
In the first instance, the Administrative and Financial Director and the Director of the High School of War will fail.
In the second instance, the Chief General Staff of the Military Forces General Command.
3.3 Force Commands
3.3.1 National Army
In the Headquarters and other organic dependencies of these, in the Army Headquarters, the Chief of the Chief of Staff will fail in the first instance. In the second instance, the Second Commander of the Army will fail.
In the other organic offices of the Army Headquarters, the Second Force Commander will fail in the first instance. In the second instance the Army Commander.
In the Recruitment and Control Directorate Reserves and its organic dependencies the Director of Recruitment will fail in the first instance. In the second instance the Head of the Head of Recruitment.
3.3.1.1 Military Units
In the Major Operating Units or their equivalent, the Commander will fail in the first instance. Second, the Second Army Commander.
In the Lower, Tactical and Technical Operating Units of the Army or its equivalents, the Commander, Director or equivalent will fail in the first instance. In the Second Instance the Commander, Chief, Director or equivalent of the higher organic unit shall fail.
In the Schools and Institutes of training of officers, non-commissioned officers and professional soldiers, the Director or its equivalent will fail in the first instance. In the second instance the Head of the Head of Education and Doctrine will fail.
Military units without Second Commander or their equivalents.
In Units that do not have a Second Commander or its equivalent, the Second Commander of the Minor Operating Unit will fail in the first instance. In the second instance the Chief of Staff of the Chief Operating Unit or its equivalent of who failed in the first instance.
3.3.2 National Navy
El Nacional] In the offices of the headquarters of the National Navy, the Second Commander of the Force will be known and will fail in the first instance.
3.3.2.1 Military Units
In all major operating units, minors, tactical and technical units of the National Navy, the Schools and Institutes of training of officers, non-commissioned officers and Marines, will fail in the first instance the Commander, Director or his equivalents.
The Second Commander, Chief of Staff, Deputy Director, or his equivalent of the Military Unit will fail in the second instance.
3.3.3 Air Force
In the offices of the Air Force headquarters, the Second Commander of the Air Force will be known and will fail in the first instance.
3.3.3.1 Military Units
In the Air Command, Air Groups, Military School of Aviation, Military Aeronautical Institute and School of Subofficers, the Commander or Director will fail in the first instance as appropriate.
The Second Commander and Chief of Air Staff will be missing in the second instance.
3.4 National Police
First instance will fail:
the Deputy Director General for the goods assigned to the Directorate General, General Subdirectorate, General Inspection, Directorates of the Directorate-General, and to the Directorates or Headquarters of Bodies or Entities of the Public Administration, when these charges are performed by members of the Institution, and are assigned to it.
Metropolitan Police Commanders or Police Departments, in their Jurisdiction.
Directors School of Training or Specialization in their respective School.
The second Instance will fail:
The Director General for failures by the Subdirector General.
The Director of Citizen Security for failures by the Metropolitan Police Commanders or Police Departments.
The National Director of Schools for failures by the Directors of Training and Specialization School.
4. Greater than 300 smlmv
4.1 In the Ministry of National Defense
In the first instance, the Administrative Director or its equivalent will fail, and in the second instance the General Secretary or his equivalent in hierarchical or organizational line.
4.1.1 In entities attached to or linked to the Ministry of National Defense
The General Manager, Director, or its equivalent will only fail.
4.1.2 On Dimar
In the first instance, the Maritime Director General will fail and, in the second instance, the Deputy Minister for Institutional Management or his equivalent as long as he is an active-duty military officer, otherwise he will know and will fail the Head of State Military Forces Joint Chiefs of Staff.
4.2 In the Military Forces General Command
the first instance, the Chief of the Joint Chiefs of Staff will fail, and in the second instance, the Commander General Military Forces will fail.
4.3 In Force Commands
In the first instance, the Force Commander will fail and the Commander General Military Forces will be the second instance.
4.4 National Police
The Subdirector General and the General Manager will fail at first instance.
ARTICLE 22. SPECIFIC CASES IN THE MINISTRY OF NATIONAL DEFENSE. In the case of officers who provide their services in any of the administrative departments of the Ministry of Defense or agencies attached to or linked to it, they will fail in the first place. The Second Commander of the respective Force or the Deputy Director General of the National Police. In the second instance, the Commander of the respective Force or the Director General of the National Police will fail.
If these are members of the Executive Level, non-commissioned officers, agents, and professional soldiers in the cases noted, the Assistant General of the headquarters of the respective Force or the Deputy Secretary of the National Police will fail in the first instance. The second instance will be in charge of the Second Force Commanders or the Deputy Director General of the National Police.
When the novelty is present in goods assigned to the Vice-Ministers and/or Secretary General of the Ministry of National Defense, the Defense Minister will fail in a single instance.
When the novelty is present in assets assigned to the Minister of National Defense, the President of the Republic will fail in a single instance.
ARTICLE 23. SPECIFIC CASES IN THE GENERAL COMMAND, THE MILITARY AND THE NATIONAL POLICE. When the investigation is carried out by the Second Force Commander or the Deputy Director General of the Police, the Force Commander or the Police Commander will be known in the first instance. Director General of the Police; the appeal will correspond to the Joint Chief of Staff of the Military Forces or Minister of National Defense, respectively.
El Nacional] The Commander General of the Military Forces will be known in the first instance, and the appeal will be the responsibility of the Minister of National Defense.
When those investigated are the Commander General of the Military Forces or the Director General of the National Police, the competent to know in a single instance will be the Minister of National Defense.
ARTICLE 24. IN THE MARITIME DIRECTORATE GENERAL. When the Captain of Port, Deputy Director, Director of the Center for Oceanographic and Hydrographic Research, Commander of Oceanographic Unit, Hydrographic, Beacon, responsible for Maritime Senalization and Group coordinator, either a Subofficial or a Civil, will first fail the active duty officer under whose dependency or control the Unit is located.
The active-duty officer who follows the Maritime Director General will fail in the second instance.
In the cases not foreseen, the active duty officer who will follow the Maritime Director General will not fail in the first instance. In the second instance the Maritime Director General will fail.
ARTICLE 25. IN CASES NOT PROVIDED FOR IN THE MILITARY AND NATIONAL POLICE FORCES. The Second Commander of the respective force and the Deputy Director General of the National Police will be competent in the first instance. The Commander of the Force and the Director General of the National Police will have jurisdiction in the Second Instance.
In the General Command of the Military Forces, the Joint Chiefs of Staff in the first instance, and the Commander General in the second instance.
ARTICLE 26. CHANGES OF ORGANIZATIONAL STRUCTURE IN THE MINISTRY OF NATIONAL DEFENSE. When changes occur that vary the organizational structure of the Ministry of National Defense, the Minister of Defense by administrative act, will determine the equivalences of the authorities which will continue to exercise administrative competence.
ARTICLE 27. COLLISION OF COMPETENCIES. The official who considers himself incompetent to know and to fail an administrative information, must express it, referring it in the state in which it is within the five (5) days following, to whom in accordance with the provisions of this law, have the jurisdiction conferred.
If the official to whom the action is referred accepts the competence, he will endorse the knowledge of the matter; otherwise, he will forward it to the immediate common superior with administrative attribution, who will resolve the conflict. No recourse should be made against this decision.
This same procedure applies where there are two (2) or more officials who consider themselves competent.
The lower level official will not be able to promote conflict of competition to the superior, but you will be able to explain the reasons that assist you and this will resolve in a plane.
IMPEDIMENTS AND RECUSES.
ARTICLE 28. CAUSES OF IMPAIRMENT AND RECUSAL. They are causes of impediment and recusal for the competent and superior officials of instruction, in addition to the one of being less old than the one or the investigated ones, those mentioned in the Code of Civil Procedure.
PARAGRAFO. The experts will not be recused, nor will they be able to declare orders because of their degree and age.
ARTICLE 29. PROCEDURE IN CASE OF IMPAIRMENT AND RECUSAL. In the event of an impairment or being challenged, the instruction officer shall forward the process to the person who appointed him to resolve.
If it is the faller who proposes the impediment or is recused, it will solve its superior in hierarchical line with administrative privileges.
For the events indicated, the existing causal must be based, providing the relevant evidence if the case merits it, so that it is decided at the level by the competent one, within the three (3) working days following, who will replace the official prevented or recused.
ARTICLE 30. IMPAIRMENT OF IMPAIRMENT AND RECUSAL. They are not prevented or may be challenged to decide on impairment or recusal.
PRICE.
ARTICLE 31. PRICE. The value to be paid for the lost or damaged property, which may be established through the general lists, is understood by price.
PARAGRAFO 1o. When the value of the lost asset does not appear related in the general price lists existing in each Force or Entity, it will be established by the average of two (2) quotes obtained in the trade.
If it is not possible to obtain it in this way, it will be fixed by expert opinion issued by an expert in the field. The value of the damage may also be obtained through contributions and the corresponding opinion.
PARAGRAFO 2o. The price of weapons, spare parts, accessories, ammunition, explosives, and other elements of private use of the Public Force, will be set by the General Commander of the Military Forces.
ARTICLE 32. REPOSITION. It is the delivery of a good of similar or superior characteristics to the one that presented the novelty, to replenish the lost or damaged element, previous expert opinion.
Replenishment, in no case is authorized for arms, spare parts, accessories, ammunition, explosives and all goods found outside of the trade.
ARTICLE 33. AUTHORITIES FIXING THE PRICES. It is for the following authorities, in each of the respective Forces or dependencies, to set the prices for the purposes of discounts, payments or repositions, for losses or damages of the goods to which it refers this law:
Minister of National Defense, Secretary General of this Ministry, Managers or Directors of decentralized entities attached to or linked to the Ministry of Defense, Commander General of the Military Forces, Force Commanders and Director General of the National Police.
BIES.
ARTICLE 34. CONCEPT. For the purposes of this law, it shall be understood as either material or intangible property or the service of the Entities subject to the scope of this law.
ARTICLE 35. APPLICATION. This law shall apply in all cases of loss or damage to property mentioned in the previous article.
The operative events of administrative responsibility that occurred prior to the entry into force of this law shall be investigated and failed in accordance with the provisions contained therein.
ARTICLE 36. CARE WITH THE MATERIAL. The goods referred to in this law require preferential attention at all levels of command, in order to maintain them in the best conditions of employment, to ensure their efficient use, administration, custody or transport.
The custody, care and security measures to be taken with the goods is the responsibility of those who have received them under any circumstances.
ARTICLE 37. RECEIPT AND DELIVERY OF GOODS. The goods referred to in this Law must be delivered and received formally through written documents in which they contain their characteristics and the novelties they present, which must be signed by whom he delivers and receives, as by the financial controller, if he has.
PARAGRAFO. When for situations of public order disturbance, urgency or imminent danger it is not possible to perform the delivery or formal receipt of the goods, alternate means will be available to identify the responsible persons and the goods which are provisionally allocated or delivered.
ADMINISTRATIVE ACTION.
RULES OF THE PERFORMANCE.
GENERAL PROVISIONS.
ARTICLE 38. ADMINISTRATIVE ACTION. The administrative action is the faculty that the State has to initiate, advance and terminate the investigations aimed at the Ministry of National Defense, its assigned or linked entities or the Force Public, it preserves the patrimony and prevents it from being harmed by losses or damages caused to its property or the service of it, as well as of the security and the coexistence, in order to guarantee the fulfillment of the ends and functions of the State.
The administrative action, in essence, complies with the purposes of compensation, guarantee and protection of the property that any title is under the permanent or temporary responsibility of the recipients of this law.
The administrative action is autonomous and independent of the others that can be generated or derived from the facts or the conduct that is investigated.
ARTICLE 39. DUTY TO INFORM. The recipients of this law who are aware of the loss or damage of the goods referred to in this law, are required to immediately inform their superiors of such fact. The omission will entail disciplinary responsibility.
ARTICLE 40. INITIATION OF PROCEEDINGS. The administrative process may be initiated on its own initiative, by complaint, report or any other means indicating property damage to property in which this law is dealt with.
ARTICLE 41. UNIT PROCESS. For each operative event of administrative responsibility, a single procedural action shall be brought forward, irrespective of the number of persons involved; if more than one action is being brought forward by the same case, it shall be available by means of self-processing the aggregation of the proceedings to those who are more advanced.
