Key Benefits:
SUMMARY:
Pags.
LEGISLATIVE FUNCTION
LAW:
NATIONAL ASSEMBLY:
THE PLENO:
-Expidate the Organic Law of the Organic Code of the Judicial Function ......................... 2
FUNCTION EXECUTIVE:
RESOLUTIONS:
CUSTOMS SERVICE
OF THE ACER: SENAE-DGN-2013-0197-RE Expidese the Regulation for
the application of the IT tool for risk profiles ............................................. 5
SENAE-DGN-2013-0220-RE Reform the Resolution that
contains the regulations for the rejection of the customs declaration in the ECUADOR Informatics System ................................................... 8
AUTONOMOUS GOVERNMENTS
DECENTRALIZED
MUNICIPAL ORDINANCES:
-Canton Esmeraldas: Substitute that regulates operating permissions for commercial and industrial activities ................................. 9
-Canton General Antonio Elizalde (Bucay): What
regulates the formation of urban and rural pre-dials, the determination, administration and collection of the urban and rural pregod tax for the biennium 2012 -2013 ........................ 12
Ano I r Nº 38
Quito, miercoles 17 de
July de 2013
Value: US$ 1.25 + IVA
ING. HUGO ENRIQUE DEL POZO
BARREZUETA
DIRECTOR
Quito: Avenida 12 de Octubre
N 16r90 y Pasaje Nicolas Jimenez
Address: Telf. 2901 r629
Officias centrales y sales:
Telf. 2234 r540
Distribution (Storeroom):
ManoscaNº 201 yAv. 10 deAgost
Telf. 2430 r110
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Telf. 2527 r107
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Al service del pais
from el 1st de julio de 1895
S U P L E M E N T O
2 -- Supplement -- Official Record No. 38 -- Wednesday, July 17, 2013
REPUBLIC
NATIONAL ASSEMBLY
Of. No. SAN-2013-0876 Quito, July 12, 2013 Engineer Hugo Del Pozo Barrazueta Director of the Official Register In his office Of My Considerations: The National Assembly, with the powers conferred upon it by the Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function discussed and approved the Project of ORGANIC LAW REFORMING THE ORGANIC CODE OF THE JUDICIAL FUNCTION. In session on July 9, 2013, the plenary session of the National Assembly met and spoke on the partial objection presented by the Constitutional President of the Republic. The text of the ORGANIC LAW REFORMING THE ORGANIC CODE OF THE FUNCTION, as provided for in Article 138 of the Constitution of the Republic of Ecuador and Article 64 of the Organic Law of the Legislative Function, is explained by the above. JUDICIAL , in order to be published in the Official Register. Intently, f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.
REPUBLIC OF ECUADOR
NATIONAL ASSEMBLY
CERTIFICATION
I allow myself CERTIFY that the National Assembly discussed and approved the ORGANIC LAW REFORMING THE ORGANIC FUNCTION CODE JUDICIAL, in the first debate on 2 and 9 January 2013, in the second debate on 24 April and 6 June 2013, and on the partial objection of the Constitutional President of the Republic on 9 July 2013. Quito, July 12, 2013 f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.
REPUBLIC of Ecuador
NATIONAL ASSEMBLY
THE PLENO
CONSIDERING: That, in accordance with the provisions of Article 1 of the Constitution of the Republic, Ecuador is a constitutional state of rights and justice, which implies that the exercise of public power is subject to the constitutional provisions, that the rights and guarantees provided for in it, as well as human rights recognized in international treaties and conventions signed by Ecuador, they have
The highest duty of the State is to respect and enforce the rights guaranteed in the Constitution ";
Number 4 of the Constitution provides that "no rule of law may restrict the content of the rights or constitutional guarantees"; that, in order to comply with the mandate contained in Article 135 of the Constitution to have a specialised justice for girls, boys and adolescents, the necessary minimum conditions should be generated at all levels, including the National Court of Justice, the highest organ of the administration of ordinary justice; that Article 169 of the Constitution enshrines the procedural system as a means to the realization of justice, without sacrificing it "The National Court of Justice will be composed of judges and judges in the number of twenty and one, who will organize themselves in specialized rooms ..." that the laws must guarantee the conformation of specialized rooms, as a means to ensure a The administration of justice is agile, dynamic and transparent; that, the regime that replaced the judicial vacancy has caused inconvenience in the agile dispatch of the causes, so it is necessary to return to the previous system; that, in the process of Constitutional actions cannot be suspended, so mechanisms must be found to comply with this constitutional mandate even in periods of judicial vacancy; what, to replace the structure of district courts by rooms Specialized in provincial courts will demand greater economic effort and generate disadvantages in the administration of specialized justice; and, which, the jurisdiction of the district courts of administrative and fiscal litigation, which include two or more provinces, abona to the concre ion of the proposals of
Supplement -- Official Registration No. 38 -- Wednesday, July 17, 2013 -- 3
regionalization to be implemented in compliance with the provisions of Title V of the Constitution governing the territorial organisation and decentralised autonomous governments. In exercise of his constitutional and legal privileges, he issues: ORGANIC LAW REFORMING THE CODE
ORGANIC FUNCTION OF THE JUDICIAL FUNCTION Art. 1.- In the final article 32, after the sentence "when someone has suffered a preventive prison", add the word "arbitrary". Art. 2.- Add the words "or Director" at the end of the first paragraph of Article 80 and replace the term "conformed" with "integrated". Delete the fourth indent of Article 80. Art. 3.- Replace Article 82 by the following: " Art. 82.-FUNCTIONS OF THE BOARD OF DIRECTORS.-The Board of Directors will be an advisory body to the School of the Judicial Function and will have the following functions: 1. Propose and approve curriculum meshes and their
contents, plans, programs and projects framed within the School's pedagogical support manuals;
2. Establish the academic profile of the servers and
servers of the School, in focus on each specialization;
3. Comply with and enforce resolutions issued by
the Council of Judicature; 4. The others found in the Organic Code of the
Judicial Function and those entrusted by the Plenum of the Council of the Judicature. "
Art. 4.-Replace 84, by the following: " Art. 84.-OF THE DIRECTOR OR DIRECTOR.-The Director or Director of the School of the Judicial Function shall be selected by the Plenary of the Council of the Judiciary, a term proposed by the President of the Council and shall have the following functions: 1. To elaborate the programming of the training courses
initial and continuous, according to the policies of justice, considering the suggestions that with respect to the academic contents propose the Council of the Judicature, the National Court of Justice, State Attorney General and Public Defender's Office;
2. Select the teachers and teachers; trainers and
trainers from the initial training and continuing training courses;
3. Execute the Judicature Council resolutions;
4. The other provisions laid down in the Regulation and the organic status for which the effect is given. '
Art. 5.- Replace Article 85 with the following: " Art. 85.-DEVELOPMENT OF THE TRAINING PROGRAMMES.-The organisation and implementation of the initial and continuing training programmes and training shall be carried out in accordance with the following parameters: 1. The initial training course shall be subject to a
role of the School of the Judicial Function; and, 2. The courses of continuing training and training, will be
will do their own way through the School of the Judicial Function in an in-person way. Exceptionally these courses will be able to be developed remotely or in a virtual way.
In all cases the School of the Judicial Function may also develop these courses through agreements with national and international institutions or legally established universities in the country. " Art. 6.- Replace Article 96 with the following text: " Art. 96.-JUDICIAL HOLIDAYS.-All the servants or servants of the Judicial Function, including the servants and judicial servants of the ordinary justice, shall enjoy thirty days of annual leave paid after eleven months of service continuous, which may be accumulated for up to sixty days. They shall not be compensated in cash but where the servant or the judicial server ceases in his or her duties, in which the holidays not covered by the equivalent of the remuneration are settled, up to a maximum of 60 days to be paid by the servant or the judicial server in the holiday period. The Council of the Judicature will approve the holiday calendar proposed by each judicial unit, taking the necessary forecasts so that the service will not be interrupted. " Art. 7.- Substitute Article 164, number 1, by the following text: " 1. In cases of excuse and recusal. In the first, since the excuse has been made of cars until the providence that declares it without place is executed; and in the second, since the recused judge is summoned, until the providence that denies it is executed. The summons will be issued to the judge within a maximum of 48 hours. The judge who substantiates the challenge may, in the cases where it is evidenced, be as a result of an act of bad procedural law, to be inadmissible, or to punish the appellant with costs. The recused judge does not lose competence to elaborate and subscribe to the providence that contains the judgment delivered orally in the hearing; the secretary concerned, the respective secretary, shall give his immediate notification. "
4 -- Supplement -- Official Record No. 38 -- Wednesday, July 17, 2013
Art. 8.- Replace Article 183 with the following: " Art. 183.-Integration.-The National Court of Justice will be composed of the following Specialized Rooms: 1. Administrative Contentious; 2. Of The Tax Litigation; 3. Of the Criminal, Military Criminal, Police Criminal and Transit; 4. De lo Civil y Mercantil; 5. From the Labor; and, 6. From Family, Children, Adolescents, and Teens
Offenders. The plenary session of the National Court of Justice shall appoint the judges and the National Judges to be part of each Chamber, in the number that the need for the service of justice requires, taking into account their specialty. This resolution may be amended at any time, but in no case shall the number of Judges per Chamber be less than three. The President of the National Court of Justice shall include at least one Chamber. At your request, during the time of the Presidency, the Judge or the Conjudge may act in his place. A Judge or a National Judge may be able to integrate more than one Chamber for the need of the service of justice, which will be resolved by the plenary of the National Court of Justice, respecting the principle of specialty. Each specialised Chamber shall appoint its President or President for the period of one year, who shall not be re-elected immediately. " Art. 9.- Replace Article 186 with the following: " Art. 186.-Competition of the Criminal, Military, Criminal and Transit Criminal Division.-The Specialized Chamber of the Criminal, Military Criminal, Police Criminal and Transit will know: 1. Appeals and review in criminal matters,
including the criminal tax and customs penalty; 2. appeals of proceedings in proceedings
criminal offences for private action, to follow persons subject to National Court of Justice, and, of the judgment in summary oral proceedings for the liquidation of damages, recognized in criminal cases in which they would have been charged or accused functionaries or officials subject to the said jurisdiction.
The authorities, officials and officials of the National Court of Justice are subject to criminal law. officials who point out the Constitution and the law;
3. Appeals in every criminal case that are
promote against persons subject to a National Court jurisdiction;
4. Appeals and review appeals in the proceedings
criminal offences committed by members of the Armed Forces in the exercise of their specific mission;
5. Appeals and review in criminal proceedings for crimes of function committed by members of the National Police in the exercise of their specific mission;
6. The appeals and the review for violations
in transit matters; 7. Traffic violations as police
committed by persons who enjoy the jurisdiction of the National Court;
8. The other matters laid down by the Law. " Art. 10.- 187 and 188. Art. 11.- Replace Article 189 with the following: " Art. 189.-COMPETITION FROM THE FAMILY ROOM, CHILDHOOD, ADOLESCENCE AND ADOLESCENT OFFENDERS.-The Specialized Chamber of the Family, Children, Adolescents and Adolescent Offenders will know: 1. The appeals in the trials for relations of
family, children and adolescents; and those relating to the marital status of people, fili ation, marriage, union of fact, tutfabrics and curatoryness, adoption and successions;
2. The appeals and review in the processes
followed against teenage offenders; and, 3. The other matters that the law establishes. Art. 12.- At the end of the first paragraph of Article 206, after the phrase "National Court of Justice", add the following: " except in the case of administrative disputes and tax disputes, which will maintain the current structure of the courts. district ". Art. 13.- Substitute the second indent of Article 210, by the following text: " The Presidents of the Provincial Courts shall not integrate any room. The Council of Judicature shall regulate the system of replacement of the vacancy produced in the room of the elected President. The end of your period will be reintegrated into your home room. " Art. 14.- Section III, Chapter III, Title III of the Organic Code of the Judicial Function will say: "OF THE DISTRICT COURTS AND PROVINCIAL COURTS." Art. 15.- Replace Article 216 with the following: " Art. 216.-JURISDICTION OF THE DISTRICT COURTS OF ADMINISTRATIVE LITIGATION.-They will exempt courts of administrative litigation in the districts that the Council of the Judicature will determine, which will establish the number of rooms, the seat and space the territorial extent to which they exercise their competence. "
Supplement -- Official Record No. 38 -- Wednesday, July 17, 2013 -- 5
Art. 16.- Replace Article 218 with the following: " Art. 218.-" JURISDICTION OF THE DISTRICT COURTS OF THE TAX LITIGATION.-They will exempt courts of the tax litigation in the districts that the Council of the Judicature will determine, which will establish the number of rooms, the seat and the space the territorial extent to which they exercise their competence. " Art. 17.- In Article 264 (9) (c), after the phrase "necessary for the processing of the causes, as well as", add the following sentence: " to organize the expert system at the national level. The amount to be charged for these judicial or procedural steps may be cancelled by the Council of the Judicature in the form that establishes the resolution that for the effect will be dictated by this entity; and ". Art. 18.- In Article 336, after the sentence "imposed by the regional addresses", add the phrase "or provincial". And, add the following points: " The sanctions will consist of the imposition of fines of up to three unified basic remuneration. The delay for three months of the payment of the fines imposed by the judges or the Council of the Judicature, will cause the suspension in the Forum of Lawyers, such suspension will remain until the payment is made effective. " Art. 19.- Add the following transitional provision: " Transitional provision.-As a consequence of the repeal of Article 355 of the Tax Code, contained in the numeral 2 of the Eighth Reformatory and Derogatory Provision of the Code The Council of the Judiciary will have the form and time limit, in which the referral of the files should be operated, the causes of tax and customs that are found for the purpose of the plenary session and to dictate In the District Courts of the Prosecutor, therefore, the Criminal Courts are gives them competence for the knowledge and resolution of these processes in order to be in harmony with the provisions of Article 219 of the Organic Code of the Judicial Function and for dealing with crimes of public action. " Art. 20.- In all those provisions where it says "halls of the judicial court of the provincial court" or "rooms of the administrative litigation of the provincial court" substitute for "District Courts of the Administrative Contentious" and "District Courts of the Tax Litigation." Given and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha Province, on the nine days of July, two thousand thirteen. f.) GABRIELA RIVADENEIRA BURBANO, President. f.) DRA. LIBYA RIVAS O. , General Secretariat.
Nro. SENAE-DGN-2013-0197-RE
Guayaquil, June 12, 2013
ECUADOR NATIONAL CUSTOMS SERVICE
Considering:
That Decision No. 778 of the Andean Community, related to the Andean Regime on Customs Control ", published in Official Gazette No. 2113 of the Cartagena Agreement dated 7 November 2012, aims to establish the rules that the Customs administrations of the Member Countries of the Andean Community must apply for the control of foreign trade operations. That Articles 7, 10, 14, 22 and 23 of the above Decision generally provide for the application of selective criteria and methods, based on risk management criteria for the application of risk profiles, in respect of the (a) the control stages to be carried out in the customs office. Article 146 of Title II of the Customs Facilitation for Trade in the Organic Code of Production, Trade and Investments, published in the Official Register Supplement No. 351 dated December 29, 2010; "Risk Profiles.- Consist of the default combination of risk indicators, based on information that has been collected, analyzed, and hierarchized." That Art. 105 of the Regulation to the Title of the Customs Facilitation for Trade, of Book V of the Organic Code of Production, Trade and Investments, issued by Executive Decree No. 758, published in the Official Register Supplement No. 452 dated May 19, 2011 expresses that "The functionality and administration of the IT tool will be regulated by the General Directorate of the National Customs Service of Ecuador". That the National Customs Service of Ecuador (SENAE), dated October 15, 2012 implemented the new customs computerized system ECUADOR, which represents improvements in all the processes of Foreign Trade including the tool risk profiling.
Resolve:
Issue the following REGULATION FOR THE
APPLICATION OF THE RISK PROFILING TOOL
Chapter I
GENERALATIONS
Art. 1.- Scope.- The IT tool for risk profiles will be applied in the previous, concurrent and later control phase through the computer system of the National Customs Service of Ecuador,
