Key Benefits:
SUMMARY:
Pags.
LEGISLATIVE FUNCTION
LEYES:
NATIONAL ASSEMBLY:
-Expose the State Public Recognition Act in the Cultural, Scientific, and Sports areas ......................................................... 1
-Expire the Reform Law to the Law of
Armed Forces Personnel ......................... 5
JUDICIAL FUNCTION AND INDIGENOUS JUSTICE
RESOLUTION:
THE COUNCIL OF THE JUDICIARY:
008-2015 Approve the integration of the National Court of Justice ................................................ 6
PRESIDENCY OF THE REPUBLIC OF ECUADOR
Office No. T. 6443-SGJ-15-106 Quito, 11 February 2015 Mr Engineer Hugo Del Pozo Barrezueta DIRECTOR OF THE OFFICIAL REGISTER In your office Of my consideration: With office number PAN-GR-2013-0088, of 22 January of this year, Mrs. Gabriela Rivadeneira Burbano, President of the National Assembly, referred to the President of the Republic the Law of Public Recognition of the State in the Cultural, Scientific and Sports areas, which the Legislative Function discussed and approved, in the first debate on 27 November 2014, and in the second debate on 20 January of this year.
S E G U N D O S U P L E M E N T O
Year II-Nº 441
Quito, Friday 20 February 2015
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2 -- Second Supplement -- Official Registration No. 441 -- Friday, February 20, 2015
That law was sanctioned by the President on Day 9 of the current, so, as provided in the articles 137 of the Constitution of the Republic and 63 of the Organic Law of the Legislative Function, I refer to you the aforementioned law in original and in certified copy, as well as the certificate of discussion, for its corresponding publication in the Official Register. Additionally, please thank you that once the respective publication has been carried out, the original copies will be sent to the National Assembly for the relevant purposes. Intently, f.) Dr. Alexis Mera Giler, SECRETARY GENERAL.
REPUBLIC OF ECUADOR NATIONAL ASSEMBLY
CERTIFICATION
I allow myself CERTIFY that the National Assembly discussed and approved the state's PUBLIC RECOGNITION BILL CULTURAL, SCIENTIFIC AND SPORTS, in the first debate on November 27, 2014; in second debate on January 20, 2015. Quito, January 22, 2015 f.) AB. CHRISTIAN PROANO JURADO, Prosecretary General
NATIONAL ASSEMBLY
THE PLENO
CONSIDERING: What, article 22 of the Constitution of the Republic recognizes the right of persons to develop its creative capacity, the dignified and sustained exercise of cultural and artistic activities, among other cultural rights; What, Article 340 of the Constitution of the Republic contemplates as part of the National System of Inclusion and Social equity the areas of culture, science and technology and sport; What, the Article 377 of the Constitution of the Republic determines that the National System of Culture aims to strengthen national identity, protect and promote the diversity of cultural expressions, encourage the free artistic creation and the production, dissemination, distribution and enjoyment of cultural goods and services and safeguard social memory and cultural heritage, ensuring the full exercise of cultural rights;
What, Article 380 of the Constitution of the Republic provides that it is the responsibility of the State to support the exercise of artistic professions and guarantee sufficient and timely funds for the execution of cultural policy; What, the Constitution of the Republic in its article 381 determines that the State will protect, promote and coordinate the physical culture that includes sport, physical education and recreation; That, additionally, the Constitution of the Republic establishes that it is the State's duty to promote scientific and technological research in order to contribute to the realization of good living, the sumak kawsay; What, the Law of Sport, Physical Education and Recreation, has in its article 9 that the athletes have the right to access the programs of scholarships and economic stimuli on the basis of the obtained results; That, the Law of Revaluation of Pensions Vitalicias, published in the Official Registration No. 572 of May 9, 2002 updated the various life pensions established by legislative decree; What, by Legislative Decree No. 83, published in the Official Register No. 866 of 3 February 1988, established a procedure for granting life pensions for authors and composers of works musical, constituting in exclusionary the creators of other areas of the art, thus demonstrating, a reduced conception of the culture, outdated of the current integral conception according to the Constitution of the Republic; That, the Legislative has issued several legislative decrees with the aim of granting pensions for life or for Ecuadorians who have stood out in the cultural, scientific and sporting spheres, whose value was fixed indistinctly in a number of minimum wages. vital; What, the State must recognize cultural, scientific, investigative merit and sports through a technical, planned and budgeted procedure; and, In use of its constitutional and legal privileges, it issues the following:
PUBLIC RECOGNITION LAW OF THE STATE IN CULTURAL AREAS,
SCIENTIFIC AND SPORTS Article 1.-Object.- This Law is intended to establish the National System of Recognitions, Decorations and Premations and to establish the rules governing the public recognition granted by the State to people who on their merits and transcendent actions stand out in the areas of culture, scientific research or sport, with the aim of relievating artistic or professional trajectories; encouraging the exercise of cultural activities; encouraging the development of scientific research, technology and innovation; and, promote sport.
Second Supplement -- Official Registration No. 441 -- Friday, February 20, 2015 -- 3
Article 2.-National System of Acknowledges.- The National System of Recognized Awards, Decorations, and Awards is the set articulated principles, policies, norms, public entities, resources and procedures whose purpose is to contribute to the establishment of agile and transparent mechanisms for the State and its institutions to honor or pay tribute to which, through its merits and transcendent actions, stand out in the various fields of Human beings. The public recognition provided for in this Law and any decoration or award, particularly those related to merit in the areas of culture, scientific research and sport, are part of the National System of Recognitions, Decorations and Premations. It is up to the Committee for the granting of public recognition of the State, the rectory and regulation of the System. Article 3.-Recognition Components.- Public recognition of the State consists of the delivery of a diploma of honor and a commemorative medal. This recognition will be granted on a single occasion and is not amenable to accumulation. The Committee for the granting of public recognition of the State, taking into account the budgetary availability of the public entities of the System, which is dictated by the governing body of public finances, and the socio-economic reality of the person who obtained the public recognition, shall establish the delivery of a monthly pension equivalent to two (2) unified basic wages of the private worker. The reception of the economic component of the recognition generates the commitment in who receives it, in the measure of its capabilities and possibilities, to develop activities aimed at incentivising, as appropriate, the art and culture; the scientific research or the practice of sport, in accordance with the guidelines laid down by the Committee for the granting of public recognition of the State. The performance of such activities shall not be subject to economic recognition. Article 4.-Post-delivery and suspension of the economic component.- The person who at the time of receipt of the public recognition of the State has not agreed to its economic component may benefit from it in the future, after analyzing his socio-economic reality and the budgetary availability of the system. The Committee, on its own initiative or at the request of a party, may suspend the delivery of the economic component of public recognition of the State, for the following reasons: 1. Failure to comply with the commitment provided for in Article 3 of
this Law; 2. with a socio-economic reality, that makes
expendable the economic component; 3. Maintain a damning sentence executed by
crimes punishable by custodial sentences of greater than 5 years;
4. Owing maintenance pensions; and, 5. The other to be established by the Committee. Article 5.-Postulation.- Las and Ecuadoreans by birth or naturalization, and foreign nationals domiciled for more than 1 years in Ecuador, who comply with the requirements established by the Committee, may run or be nominated by third parties to receive the public recognition provided for in this Law. Article 6.-Criteria for the granting of recognition.- For the granting of public recognition, the Committee shall observe the following criteria: 1. The personal trajectory of the applicant. The awards, decorations or medals that you have obtained will be considered
whether you are from public or private entities, both nationally and internationally;
2. The years of exercise in the activity it performs,
both inside and outside the Ecuadorian territory; 3. The contribution to society, as the case may be, in the
cultural, scientific or sports areas or fields; 4. postulant; y, 5. The other to be established by the Committee. Article 7.-Citizen Opposition.- Any person may challenge or object to the postulants to receive the public recognition of this Law, for which the regulations that for the purpose of the Committee will have to be observed in the award of recognitions. Article 8.-Committee for the Granting of Recognition.- The Committee for the Granting of Public Recognition of the State shall be composed of: From Executive Function 1. The President of the Republic or his delegate, who
will preside; 2. The Minister of Culture or his delegate; 3. The National Secretary of Higher Education, Science
and Technology or his delegate; and, 4. The Minister of Sport or his delegate. From the Role of Transparency and Social Control 5. A member of the Citizen Participation Council and
Social Control, designated by this body. From the National Councils for Equality 6. A representative of the National Councils of
Equality. The Ministry with competence in the field of culture shall act as the Committee Secretariat.
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Article 9.-Committee Functions.- These are the functions of the Committee for the Granting of Acknowledgements: 1. Establish the bases and criteria for the grant
of the recognition provided for in this Law, which must be clear and simple;
2. Set the bid requirements to
recognition; 3. Determine the procedure for granting the
recognition, which includes the nomination, qualification, challenge and selection, which must be public and agile;
4. Issue internal regulations for its operation;
and, 5. The other that establishes the applicable law and regulations
. The type of meetings of the Committee and its periodicity shall be determined in its internal rules of operation and shall be carried out on the occasion of the convening of the Chair. Article 10.-Budget.- The financial resources referred to in the General Budget of the State to cover decorations, awards and pensions of artists, researchers and athletes are assigned to the This Law. General Provisions First.- The National Award "Eugenio Espejo", instituted by Decree No. 677, published in the Official Register No. 869 of 18 August 1975 and Executive Decree No. 1722, published in the Official Register No. 410 of 7 of April 1986, shall be delivered in accordance with the rules issued by the President of the Republic. Second.- People who are receiving life pensions as part of a decoration or award, granted before the enactment of this Law, will continue to enjoy them; the commitment of these and the (a) to the future, to the extent of their abilities and possibilities, to develop non-remunerated activities aimed at encouraging, as appropriate, art and culture, scientific research and the practice of sport, in accordance with the guidelines established by the Committee for the granting of public recognition of the State. It is up to the Ministries of Culture and Sport to grant type-approval and, if necessary, to increase pensions, in coordination with the Ministry responsible for public finances. None of the persons receiving a monthly pension granted by the State, as part of a decoration or prize, may receive a lower amount of money than the one received at the time of publication of this Law in the Official Register.
TRANSIENT Provisions First.- Within sixty (60) days of the publication of this Law in the Official Register, the Committee shall be established for the granting of public recognition of the State. To this end, the functions of the State referred to in Article 8 of this Law shall designate the members of the Committee as appropriate; likewise, the holders of the National Equality Councils shall elect their representative. Second.- Within one hundred and twenty (120) days counted from its conformation and integration, the Committee for the Granting of Recognition will dictate the rules necessary to establish the basis and criteria for the granting of the recognition provided for in this Law and the procedure for the nomination, qualification, challenge and selection of applicants. REPEAL provisions First.- Repeal Legislative Decree No. 83, published in the Official Register No. 866 of 3 February 1988; Legislative Decree No. 4, published in the Official Register No. 251 of 11 August 1993; and, the literal c) of Art. 112, the Art. 114 and Chapter III "Of the Pensions of the Vitality Retreat", of Title VIII "Of the Pensions" of the Law of Sport, Physical Education and Recreation, published in the Supplement of the Official Register No. 255 of August 11, 2010. Second.- Defeat the Valorization of the Pensions Act, published in the Official Register No. 572 of May 9, 2002. Third.- Repeal the Legislative Decree No. 8 published in the Supplement to the Official Register No. 95 of June 26, 1997, which established the value of the lifetime pension for winners of the Eugenio Espejo prize. FINAL DISPOSITION Unica.- This Law shall enter into force from the date of its publication in the Official Register. Given and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha Province, on the twentieth day of January of two thousand fifteen. f.) AB. MARCELA AGUINAGA, Second Vice-President. f.) AB. CHRISTIAN PROANO JURADO, ProsectiGeneral. NATIONAL PALACE, IN SAN FRANCISCO DE QUITO METROPOLITAN DISTRICT, ON FEBRUARY 9, TWO THOUSAND FIFTEEN. SANCTION AND ENACT
