Law Of Public Recognition Of The State In The Areas Of Cultural, Scientific And Sports

Original Language Title: Ley de Reconocimiento Público del Estado en las Areas Cultural, Científica y Deportiva

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CONSIDERING: That article 22 of the Constitution recognizes the right of people to develop his creative capacity, the exercise worth and sustained cultural and artistic activities, among other cultural rights; That, the article 340 of the Constitution of the Republic provides as part of the system national of Inclusion and equity Social them areas of the culture, the science and technology and the sport; Article 377 of the Constitution determines that national culture system has as purpose to strengthen national identity, protect and promote the diversity of cultural expressions, encourage the free artistic creation and production, dissemination, distribution and enjoyment of cultural goods and services and safeguard social memory and cultural heritage, guaranteeing the exercise of cultural rights;

That article 380 of the Constitution of the Republic provides that responsibility of the State is support the exercise of artistic professions and ensure timely and sufficient funds for the implementation of cultural policy; That the Constitution in its article 381 determines that the State will protect, promote and coordinate physical culture comprising sport, physical education and recreation; That, in addition, the Constitution of the Republic establishes that it is the duty of the State promoting scientific and technological research and contribute to the realization of good living, sumak kawsay; That, the law of the sport, education physical and recreation, has in its article 9 that the athletes have right to access to them programs of scholarships and stimuli economic on the base of them results obtained; That the law of revaluation of pension annuities, published in the official registry No.572 of 9 May 2002 updated various pension annuities established by Legislative Decree; That Decree legislative No. 83, published in the registry official No. 866 of February 3, 1988, established a procedure for granting pension annuities for authors and composers of musical works, becoming exclusive from the creators of other areas of art, demonstrating, a conception reduced culture, deprecated from the current concept in accordance with the Constitution of the Republic; That the legislative function has issued several legislative decrees in order to grant pensions annuities or Ecuadorians who have excelled in the cultural, scientific and sports fields whose value is either set in a number of vital minimum wages; That the State must recognize the cultural, scientific, investigative and sports merit by means of a technical process, planned and budgeted; and, in exercise of its constitutional and legal powers, issued the following: law of public recognition of the State in the AREAS CULTURAL, scientific and sports article 1-object-the present law aims to establish the national system of awards, decorations, and awards and establish the rules governing the public recognition that gives the State to persons who by their merits and transcendent actions stand out in the areas of culture scientific research or the sport, with the purpose of relievar paths artistic or professional; encourage the pursuit of cultural activities; promote the development of the research scientific, the technology and innovation; and, promote the sport.

Second Supplement - registration officer Nº 441 - Friday 20 February 2015 - 3 part 2-system national of awards.-the system national honors, medals and awards, is the Assembly articulated principles, policies, rules, public entities, resources and procedures whose purpose is to contribute to the establishment of mechanisms of agile and transparent so that the State and its institutions honor or pay tribute to persons who by their merits and transcendent actions stand out in the various fields of human endeavor. Public recognition laid down in this law and any award or prize, particularly those related to the merit in the areas of culture, science and sport, are part of the national system of awards, decorations, and awards. It is for the Committee for the granting of public recognition of the State, the rectory, and regulation of the system. Article 3.-components of the recognition-the recognition public of the State consists in the delivery of a diploma of honor and a medal commemorative. This recognition will be granted for one-time use and is not susceptible to accumulation. The Committee for the granting of public recognition of the State according to the budgetary availability of public entities of the system, refereed by the governing body of the public finances, and the socio-economic reality of the person who received the public recognition, established delivery of a monthly pension equivalent to two (2) unified basic wages of private worker. The reception of the economic component of the recognition generates commitment who receives it, to the extent of their abilities and possibilities of developing activities to encourage, as appropriate, the art and culture; scientific research or the practice of the sport, according to the guidelines provided by the Committee for the granting of public recognition of the State. These activities will not be object of economic recognition. Article 4.-Delivery later and suspension of the economic component.-the person that at the time of receiving public recognition of the State agreed not to its economic component may benefit from this in the future, analyzed once their socio-economic reality and the budgetary availability of the system. He Committee, of trade or to request of part, may suspend the delivery of the component economic of the recognition public of the State, by the following causes: 1. breaching the commitment willing in the article 3 of the present law; 2 having a socio-economic reality, that make dispensable the economic component; 3. keep conviction rendered by offenses sanctioned with imprisonment of freedom greater than 5 years;

4 owe alimony; and, 5. Others established the Committee. Article 5-Application- and Ecuadorians by birth or naturalization and the foreign domiciled for more than 1O years in Ecuador, which comply with the requirements established by the Committee, may apply or be nominated by third persons to receive public recognition laid down in this law. Article 6.-Criteria for the granting of recognition-for the granting of public recognition, the Committee must observe the following criteria: 1. the personal history of the applicant. Is considered to be the awards, decorations or medals that has retrieved, already come of entities public or private, both to level national as international;

2. the years of practice in the activity that plays, both inside and outside of the Ecuadorian territory; 3. the contribution to society, as appropriate, in the areas or cultural, scientific or sporting fields; 4. the integrity of the applicant; and, 5. Others established the Committee. Article 7.-Opposition citizen-any person may challenge or objection to applicants to receive the public recognition which is this law, for which regulations have to be observed for the effect issuing Committee in the granting of awards. Article 8.-Committee for the granting of awards-the Committee for the granting of public recognition of the State, shall be integrated by: function Executive 1. The President of the Republic or his delegate, who shall preside it; 2. the Minister of culture or his delegate; 3. the National Secretary of higher education, science and technology or their delegate; and, 4. The Sports Minister or his delegate. The function of transparency and Social Control 5. A member of the Council of citizen participation and Social Control, designated by this agency. Of the national councils for the 6 equal. A representative of the national councils for equality. The Ministry with powers in the field of culture will act as secretariat of the Committee.

4 - Second supplement - official record No. 441 - Friday, February 20, 2015 article 9.-functions of the Committee-are functions of the Committee for the granting of awards: 1. establish the bases and criteria for the granting of recognition provided in this law, which must be clear and simple;

2 set the recognition application requirements; 3. determine the procedure for the granting of recognition, which includes the application, qualification, challenge and selection, which should be public and agile;

4 issue with the internal rules for their operation;

and, 5. The other laying down the law and regulations

Regulation applicable. The type of sessions of the Committee and their frequency shall be determined in its internal rules of operation and shall be made prior call for who presides over it. Article 10.-Budget-financial resources referred to in the General State budget for decorations, awards, and pensions for artists, writers and athletes, are those allocated to the enforcement of this law. General provisions first.-the national prize "Eugenio Espejo", instituted by Decree No. 677, published at the registry official No. 869 of August 18, 1975 and Decree Executive No.1722, published at the registry official No. 410 of 7 April 1986, will be delivered as the rules issued by the President of the Republic. Second.-persons who are receiving pensions annuities as part of an award or prize, issued prior to the enactment of this law, will continue enjoying them; keeping the commitment of these and that in the future the recibieren, to the extent of their abilities and possibilities, develop non-remunerated activities to encourage, as appropriate, art and culture, scientific research and the practice of the sport, according to the guidelines established by the Committee for the granting of public recognition of the State. Corresponds to the ministries of the bouquet of culture and of the sport it approval and, of be the case revaluation of Inns, in coordination with the Ministry responsible of the finance public. None of them people beneficiary of a pension monthly granted by the State, as part of a medal or prize, may perceive an amount of money lower to which received to the time of publish is this law in the record official.

TRANSITIONAL provisions first.-within the period of sixty (60) days of published this law in the official register will settle the Committee for the granting of public recognition of the State. So the functions of the State referred to in article 8 of this law shall appoint the members of the Committee accordingly them; Similarly, holders of national equality councils will choose its representative. Second.-in the term of cent twenty (120) days counted from its conformation e integration, the Committee for the granting of honors dictate them standards necessary to establish them bases and criteria for the granting of the recognition planned in this law and the procedure of application, qualification, challenge and selection of applicants. REPEALING provisions first.-repeal of Legislative Decree No. 83, published in official register no. 866 of February 3, 1988; the Decree legislative No. 4, published in the registry official No. 251 of 11 August 1993; and the literal c) article 112, article 114 and chapter III "of pensions for retirement annuities", of title VIII "of pensions" of the law of sports, physical education and recreation, published in the supplement of the registry official No. 255 of August 11, 2010. Second.-repeal of the law of revaluation of pension annuities, posted in the registry official No. 572 of 9 May 2002. Third.-repeal of Legislative Decree No. 8 published in the supplement of the registry official No. 95 of June 26, 1997, which established the value of the pension for the Eugenio Espejo prize winners. DISPOSAL only.-this law shall become effective from the date of its publication in the Official Gazette. Given and subscribed in the headquarters of the Assembly national, located in the district Metropolitan of Quito, province of Pichincha, to them twenty days of the month of January of two thousand fifteen. f.) AB. MARCELA AGUINAGA, second Vice President. (f.) AB. CHRISTIAN PROAÑO jury, Assistant General Secretary. PALACIO NACIONAL, EN SAN FRANCISCO DE QUITO DISTRICT METROPOLITAN, TO NINE OF FEBRUARY IN THE YEAR ONE TWO THOUSAND AND FIFTEEN. SUBJECT TO SANCTIONS AND PROMULGATED