Key Benefits:
:
Pags.
EXECUTIVE FUNCTION
LAW:
PRESIDENT OF THE REPUBLIC
-Reforming to the Constitutive Law of the National Institute of Agricultural Research (INIAP) and repealing the Special Law of the Coffee Sector ..................................................... 2
JUDICIAL FUNCTION AND INDIGENOUS JUSTICE
RESOLUTIONS:
COUNCIL OF THE JUDICIARY:
018-2015 Expidese the Regulation for the payment of liqui-dations of assets of former servants and former judicial servants ...................................................... 6
021-2015 Approve the Technical Report and designate a Alternate Notary in the canton Ambato, Tungurahua Province ................................................... 10
022-2015 Approve the Final Report of the Initial Training Course of the Tax Race and declare eligible to the applicants of this course ................. 11
023-2015 Set the value of the procedural costs for the failure to appear of the challenge to the hearing of traffic violation .................................. 18
024-2015 Appoint judges and judges in the provinces of Bolivar, Azuay, Canar, Imbabura, Esmeraldas, Pichincha and Napo ............................................ 19
S U P L E M E N T O
Year II-Nº 446
Quito, Thursday 26 February 2015
Value: US$ 1.25 + VAT
ING. HUGO ENRIQUE DEL POZO BARREZUETA DIRECTOR
Quito: Avenida 12 de Octubre N23-99 y Wilson
Edificio 12 de Octubre Piso Telf. 2901-629
Offices and sales: Telf. 2234-540 3941-800 Ext. 2301
Distribution (Storeroom): Manosca No. 201 and Av. 10 of August
Telf. 2430-110
Guayaquil Branch: Malecon No. 1606 and Av. 10 August
Telf. 2527-107
Semi-annual subscription: US$ 200 + VAT for the city of Quito
US$ 225 + VAT for the rest of the country Printed on National Editor
24 pages
www.registroficial.gob.ec
At the service of the country from 1 July 1895
2 -- Supplement -- Official Registration No. 446 -- Thursday, February 26, 2015
PRESIDENCY OF THE REPUBLIC OF ECUADOR
Office No. T. 6562-SGJ-15-116
Quito, February 18, 2015
Lord Engineer Hugo Del Pozo Barrezueta DIRECTOR OF THE OFFICIAL REGISTER In his office
Of my consideration:
By trade No. PAN-GR-2014-2440 of 1 December 2014, Mrs. Gabriela Rivadeneira Burbano, President of the National Assembly, referred me the draft of the Reform Law to the Law of the National Institute of Agricultural Research (INIAP) and Repeal of the Special Law of the Cafetalero Sector, in order for it to be sanctioned and to have its publication in the Official Register or, failing that, I have raised my objections to it.
In this context, with trade No. T. 6562-SGJ-14-917 of 11 December 2014, I submitted my partial veto to the proposed project. However, the plenary session of the National Assembly did not rule on the partial veto within the 30-day period referred to in the third paragraph of Article 138 of the Constitution of the Republic. SAN-2015 -0265 of February 12, 2015, sent by Dr. Libya Rivas Ordonez, General Secretary of the National Assembly, in which she credits such a fact.
Consequently, and by express provision of the fourth paragraph of Article 138 of the Constitution of the Republic, I have the promulgation of the Reform Law to the Constitutive Law of the Institute National of Agricultural Research (INIAP) and Derogatoria of the Special Law of the Coffee Sector and, therefore, its publication in the Official Register, to be recognized as Law of the Republic.
For the effect, it accompanied the following documents:
1. Trade No. PAN-GR-2014-2440 of 1 December 2014, with which the President of the National Assembly gives the President of the Republic the bill, as well as the certificate that credits the dates of the debates;
2. Trade No. T. 6562-SGJ-15-96 of 9 February 2015, addressed to the General Secretariat of the National Assembly, requesting certification on the discussion of the proposed veto, with the indication of whether there was a search or approval;
3. Trade No. SAN-2015 -0265 of 12 February 2015, in which the General Secretariat of the National Assembly, Dr. Libya Rivas Ordoñez, certifies that the objections raised were not dealt with within the constitutional deadline; and,
4. The text of the Reform Law to the Law of the National Institute of Agricultural Research (INIAP) and Derogatory of the Special Law of the Coffee Sector, with the modifications proposed in the partial veto incorporated.
I also attach the trade No. T. 6562-SGJ-14-917 of December 11, 2014, in which my objections to the aforementioned bill are contained.
Atently,
f.) Rafael Correa Delgado, Constitutional President of the Republic.
NATIONAL ASSEMBLY
Office No. PAN-GR-2014-2440
Quito, 1 December 2014
Economist Rafael Correa Delgado Constitutional President of the Republic of Ecuador In his office
Of my considerations:
The National Assembly, in accordance with the privileges conferred upon it by the Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, discussed and approved the BILL REFORMING THE CONSTITUTIONAL LAW OF THE NATIONAL INSTITUTE OF AGRICULTURAL RESEARCH (INIAP) AND REPEAL OF THE SPECIAL LAW OF THE COFFEE SECTOR.
In this virtue and for the purposes provided for in Articles 137 of the Constitution of the Republic of Ecuador and 63 of the Organic Law of the Legislative Function, I refer to the authentic and certified copy of the text of the bill, as well as also the certification of the General Secretariat on the dates of the respective debates.
Attentive,
f.) GABRIELA RIVADENEIRA BURBANO, President.
It is a faithful copy of the original that rests in the archives of the Legal Secretary-General of the Presidency of the Republic.-I CERTIFY.
Quito, 18 February 2015.
f.) Dr. Glenda Soto Rubio, DEPUTY SECRETARY GENERAL OF THE PRESIDENCY OF THE REPUBLIC.
CERTIFICATION
I allow myself CERTIFY that the National Assembly discussed and approved the REFORM BILL TO THE CONSTITUTIVE LAW OF THE
Supplement -- Official Registration No. 446 -- Thursday, February 26, 2015 -- 3
NATIONAL INSTITUTE OF AGRICULTURAL RESEARCH (INIAP) AND REPEAL OF THE SPECIAL LAW OF THE COFFEE SECTOR, October 2014, in the second debate on 25 and 27 November 2014.
Quito, 01 December 2014
f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.
It is a faithful copy of the original that rests in the archives of the General Legal Secretariat of the Presidency of the Republic.
Quito, 18 February 2015.
f.) Dr. Glenda Soto Rubio, DEPUTY SECRETARY GENERAL OF THE PRESIDENCY OF THE REPUBLIC.
REPUBLIC OF THE REPUBLIC
Office No. T. 6562-SGJ-15-96
Quito, February 9, 2015
Libyan Doctor Rivas Ordonez SECRETARY GENERAL NATIONAL ASSEMBLY In her office
Of my consideration:
By trade No. T. 6562-SGJ-14-917 of 11 December 2014, the Constitutional President of the Republic, referred to the President of the National Assembly, his objections to the draft of the Reform Law to the Constitutive Law of the National Institute of Agricultural Research (INIAP) and Derogatory of the Special Law of the Coffee Sector, for its treatment, in accordance with Articles 137 and 138 of the Constitution of the Republic, and 63 and 64 of the Law Organic Law.
In this regard, I ask you to be certified as follows:
1. If the debate referred to in the third paragraph of Article 138 of the Constitution of the Republic was conducted, for the analysis of the partial objection presented by the Constitutional President of the Republic, within the time limit established therein; and,
2. If in this debate the National Assembly was raided the text proposed by the Constitutional President of the Republic, or if, on the contrary, it was ratified in the text originally sent by the National Assembly.
In either of the two I ask you to inform me if such a break-in or ratification, were total or partial.
Atently,
f.) Dr. Alexis Mera Giler, SECRETARY GENERAL.
It is a faithful copy of the document that rests in the archives of the General Legal Secretariat of the Presidency of the Republic.
Quito, 18 February 2015.
f.) Dr. Glenda Soto Rubio, DEPUTY SECRETARY GENERAL OF THE PRESIDENCY OF THE REPUBLIC.
NATIONAL ASSEMBLY
Office No. SAN-2015 -0265
Quito, February 12, 2015
Lord Doctor Alexis Mera Giler SECRETARY GENERAL LEGAL PRESIDENCY Present.-
Of my considerations:
In reference to your trade No. T6562-SGJ-15 -96 of February 9, 2015, entered in this National Assembly, on February 10 of the same month and year, with No. 203743, by which it requests a certification, regarding the draft of the Reform Law to the Constitutive Law of the Institute National of Agricultural Research (INIAP) and Derogatory of the Special Law of the Coffee Sector, I allow CERTIFY the following:
Regarding the first number:
Once the minutes of the sessions of the The plenary session of the National Assembly has not yet been considered, or The Constitutional Law of the National Institute of Agricultural Research (INIAP) and the Law of the Special Law of the Republic (INIAP) debated the partial objection made by the Constitutional President of the Republic. Coffee sector.
Regarding the second number:
The text proposed by the Constitutional President of the Republic was not made clear in the first numeral, the National Assembly's plenary session, nor was it ratified in the text originally submitted by the National Assembly.
Attentive,
f.) Dr. Libya Rivas Ordonez, SECRETARY GENERAL.
It is a faithful copy of the original that rests in the archives of the General Legal Secretariat of the Presidency of the Republic.
Quito, 18 February 2015.
f.) Dr. Glenda Soto Rubio, DEPUTY SECRETARY GENERAL OF THE PRESIDENCY OF THE REPUBLIC.
4 -- Supplement -- Official Registration No. 446 -- Thursday, February 26, 2015
ECUADOR Republic
THE PLENO
CONSIDERING:
What, article 232 of the Constitution of the Republic establishes that no officials or officials, nor members of management bodies of entities exercising the state authority of control and regulation, who have interests in the areas to be controlled or regulated, may be functionaries. represent third parties who have them;
What, the item number 3 of the Article 277 of the Constitution of the Republic points out as the general duty of the State, to generate and execute public policies, to control and to punish its non-compliance;
That, the numeral 8 of Article 281 of the Constitution of the Republic, previews as State obligation, ensure the development of scientific research and appropriate technological innovation to ensure food sovereignty;
What, the National Autonomous Institute of Research Constitutive Law Agriculture (INIAP), codification promulgated in the official register, supplement 315, 16 April 2004, created the aforementioned Research Institute;
What, article 6 of the said Law established the Board of Directors, made up of the Minister of Agriculture, Livestock, Aquaculture and Fisheries, the Minister of Finance, the representative of the Federation of Cattlemen of Ecuador, the representative of the Federation of Chambers of Agriculture and the President of the Ecuadorian Committee for the Defense of Nature and the Environment (CEDENMA);
What, the Law Special of the Coffee Sector, codification promulgated in the official register, supplement 315, of 16 of April 2004, created for its part, the National Coffee Council (COFENAC);
What, said body has a Superior Council formed by the Minister of Agriculture, Livestock, Aquaculture and Fisheries, the Minister of Foreign Trade, a delegate from the National Association of Coffee Exporters (ANECAFE), a representative of the independent coffee growers, a representative of the coffee industry, a delegate from the National Federation of Coffee Cooperatives of Ecuador (FENACAFE) and a representative of the coffee growers of the Amazon Region;
What, the aforementioned collegiate bodies are composed mostly of members of civil society;
What, such bodies exercise, among other competences, in the case of the National Coffee Council (COFENAC), the define national coffee policy and, in the case of the National Institute of Agricultural Research (INIAP), advise on national policy on the generation, validation and transfer of technology and plan, direct, execute and evaluate agricultural research;
What, needs to be updated the national legislation in line with the Constitution of the Republic and the new
model of the State; consequently, it is necessary to reform the Constitutive Law of the National Autonomous Institute of Agricultural Research (INIAP) and to repeal The Special Law of the Cafetalero Sector; and,
In exercise of the attribution granted to it by the number 6 of article 120 of the Constitution of the Republic, it states the following:
REFORM LAW TO THE CONSTITUTIVE LAW OF THE INSTITUTE NATIONAL OF AGRICULTURAL RESEARCH (INIAP) AND REPEAL OF THE SPECIAL LAW OF THE SECTOR CAFETALERO
Article 1.- Replace the name of the Constitutive Law of the National Autonomous Institute of Agricultural Research (INIAP) with the following: " Constitutive Law of the National Research Institute Agriculture (INIAP). '
Article 2.- Replace Article 1 of the above Law, as follows:
"Art. 1.-From INIAP.- The National Institute of Agricultural Research (INIAP) is an entity governed by public law, with its own legal personality and its own patrimony, with administrative, financial and technical autonomy. The Ministry of Agriculture, whose main aims are to promote scientific research, generation, innovation, validation, and dissemination of technologies in the agricultural and forestry sector, in the field of agricultural powers. '
Article 3.- In Article 4, incorporate the following modifications:
The literal a), will say:
" a) Plan, direct, execute and evaluate agricultural research, in accordance with the guidelines of the Higher education, science, technology and innovation governing body, with special attention to the development of appropriate technologies, to the application of biotechnology advances to the appropriate use, management and development of natural resources of the agricultural sector;
The
f), will say:" f) Produce and market seeds, basic, registered, breeding, improved vegetative material or selected and other services for the promotion of agricultural production. The INIAP may produce seed of the certified class under the conditions authorized by the minister or the minister or rector of the agrarian policy, prior to the report of the corresponding specialized agencies. "
The literal h) will say:
" h) To promote and support the creation and organization of a national system of agricultural research, under the guidelines of the governing body of education
-- Official Registration No. 446 -- Thursday, February 26, 2015 -- 5
superior, science, technology, and innovation. Will further coordinate research and technology generation with other public and private sector institutions; "
At the end of this literal, remove the following: the letter" e " and the comma; and, after the literal h) incorporate a literal that says:
"i) Develop, preserve, and improve native seeds, contributing to its diffusion and adoption"
The current literal i) of the cited article, passes to be literal j).
Article 4.- Substitute Article 6 of the Constitutive Law of the National Autonomous Institute of Agricultural Research (INIAP), for the following:
Art. 6.-FROM THE DIRECTORY.- The directory will be integrated as follows:
a) The Minister or Minister of the agricultural policy governing body or its delegate or delegate, who will chair and vote for the directory;
b) The Secretariat or the National Secretary for Higher Education, Science, Technology and Innovation or your delegate or delegate; and,
c) The Minister or the Minister of Production, or the representative of the entity that you do your times, to through your delegate or delegate.
The Director or the Executive Director of the INIAP will exercise the secretariat of the Directory and will have only an informative voice.
The Directory will be able to count on other invited members who will speak with a voice and without a vote.
Directory decisions will be made by a majority of its members and sessions will be convened by its President or President and will be to perform anywhere in the national territory, at least once every three months. "
Article 5.- Replace Article 8 by the following:
" Article 8. Duties and attributions of the Directory.- The Board of Directors in its capacity as the Institute's top management body has the following powers:
a) Dictate and reform the organizational status by process, as well as the internal rules;
b) Approving plans, programs and projects prepared by the INIAP Executive Directorate;
c) Define as to the plans and programs outlined in the previous literal, the priorities in Agricultural research issues at national and regional level, as well as those referents to external technical cooperation;
d) Know and approve the entity's budget;
e) Know and approve the institutional report and the annual budget execution of the Institute, presented by the Director or the Executive Director;
f) Appointing and removing the Executive Director of the Institute, in accordance with the Law;
g) Approving the values of the specialized goods and services that it generates or offers the Institute;
h) Authorizing the acquisition, taxation and disposal of goods, in accordance with the Law and the Regulation; and,
i) Exercise the other privileges provided for in this Law and its regulations. "
Article 6.- Replace item 10 literals (c) and (k), by the following:
" Article 10. From the Executive Director.- They are the duties and responsibilities of the Executive Director: (...)
c) Submit to the approval of the Board of Directors the plans, programs and budgets of the Institution;
k) Submit to the approval of the Directory the values of the specialized goods and services generated by the institute; ".
Article 7.- Replace Article 13 by the following:
" Article 13. Of the resources or INIAP heritage.- These the resources of the National Institute of Agricultural Research (INIAP)
:
a) The movable or immovable property and the current assets of the current Institute of Agricultural and other research that in the future will acquire any title;
b) The income from the collection of securities of the goods and specialized services provided by the Institute in the field of its competence;
c) The contributions and contributions of national agencies and International;
d) Resources from reimbursable and non-refundable loans;
e) Legacy and donations that the institute accepts;
f) The income generated by its assets;
g) Other income and property assigned to any title; and,
h) The allocations that correspond to the National Institute of Agricultural Research and those that are established in the General Budget of the State of Agreement to the budgetary requirements of the National Research Institute Agriculture (INIAP) ".
GENERAL PROVISIONS:
FIRST.- The provisions of the Reformed Law shall adopt the constant denominations and nomenclatures in this Law.
SECOND.- The Ministry (
) the decision of the President of the European Parliament and of the President of the Commission of the European Parliament and of the European Parliament6 -- Supplement -- Official Registration No. 446 -- Thursday, February 26, 2015
of the current Law, by way of the coffee contribution coffee, constant in the Special Law of the Coffee Sector, codification Signed in the Official Register, Supplement 315, of 16 April 2004.
THIRD.- The other provisions of the Constitutive Law of the National Institute of Agricultural Research (INIAP), will remain in force in accordance with the rules of this Law.
TRANSITORY provisions:
FIRST.- The powers that the National Coffee Council (COFENAC) has been exercising, subject to the Law that is repealed, will be assumed by the Minister of Agriculture, within one hundred and twenty days from the the effective date of this Act.
During this transition period, the Council No new obligations may be acquired, except for those which are subject to compliance with those contracted prior to this Law which are related to the issuance of certificates of origin or liquidation of personnel. Under no circumstances may these obligations be longer than the transitional period. The ministry of agricultural policy will supervise the implementation of these activities.
SECOND.- The competencies related to the promotion of exports and foreign investments of the National Coffee Council (COFENAC), will be assumed by the Institute for the Promotion of Export and Foreign Investments (PRO ECUADOR).
THIRD.- The research work that the National Coffee Council (COFENAC) was carrying out will be undertaken by the National Institute of Agricultural Research (INIAP).
FOURTH.- Within ninety days, starting from the date of enactment of this Law, the Ministry of Agriculture, will constitute a Consultative Council of the Coffee with plural integration, which will propose guidelines In the field of coffee and its entire production chain, it will observe the execution of investment projects related to coffee and advise and inform the ministry of agricultural policy on the activities carried out by other institutions in the field of public credit, research, training and agricultural promotion.
QUINTA.- Budget items and all movable and immovable property, assets and liabilities, rights and obligations under conventions, contracts or other legal, national or international instruments that correspond to it The National Coffee Council (COFENAC), will be assumed by the ministry of agricultural policy, prior inventory.
The labor contracts that are in force, will end immediately, from the date of enactment of this legal reform, by virtue of the extinction of the Council's legal person National coffee growers (COFENAC), in accordance with the Law.
SIXTH.- The personnel who are providing their services at the National Coffee Council (COFENAC) will be liquidated subject to the Labor Law, during the period of " The transition by this Council, with its own funds and assets.
SEVENTH.- In the period of one hundred and twenty days, counted from the date of validity of this Law, the ministry of agricultural policy will implement the actions of the administrative nature required, in order to ensure the correct application of its model management in the field of coffee and agricultural research, as well as the necessary technical regulations.
REPEAL PROVISION:
" FIRST: Repeal Articles 7 and 15 of the Constitutive Law of the National Autonomous Institute of Agricultural Research (INIAP). "
SECOND: Expressly rule out the Special Law of the Coffee Sector, codified in the official register, supplement 315 of April 16, 2004, as well as any other standard that will be opposed to the execution of the present Law.
Given and subscribed to the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha Province, at the twenty-seven days of November of two thousand fourteen. (f) GABRIELA RIVADENEIRA BURBANO, President. f) DRA. LIBYA RIVAS ORDONEZ, General Secretary.
No. 018-2015
THE PLENARY OF THE COUNCIL OF THE JUDICIARY
CONSIDERING:
What, article 178 of the Constitution of the Republic of Ecuador disposes: " The Council of the Judiciary, is the governing body, administration, surveillance, and discipline of the Judicial Function ... ";
What, the article 168 numeral 2 of the Constitution of the Republic of Ecuador states:" The Judicial Function will enjoy administrative, economic and financial autonomy. "
What, the second paragraph of Article 229 of the Constitution of the Republic of Ecuador, states: " The rights of servants and servants They are unrenountable. The law will define the governing body in the field of human resources and remuneration for the entire public sector and regulate income, promotion, incentives, disciplinary regime, stability, remuneration system and cessation of functions. their servers. ";
