Read the untranslated law here: http://www.asambleanacional.gob.ec/es/system/files/ley_de_fijacion_de_los_limites_territoriales.pdf
CONSIDERING: that, in accordance with the article 1 of the Constitution of the Republic, the Ecuador is is in a State constitutional of rights and justice social, democratic, sovereign, independent, unitary, intercultural, plurinational and secular; organized in the form of Republic and governed in a decentralized fashion; Article 4 of the Magna Charter provides that no one may infringe the territorial unit or encourage secession; That, in accordance with article 4 of the Constitution of the Republic, the territory of the Ecuador is a historical and geographical unit of natural, social and cultural dimensions, the legacy of our ancestors and ancient peoples;
That, for the exercise of powers by constitutional and legal mandate were assigned to the autonomous governments, is required a detailed physical delimitation of the territory; That, pursuant to article 241 of the Constitution of the Republic establishes that planning will ensure the land and will be mandatory at all levels of the autonomous governments decentralized, within their respective territorial constituencies; That, in accordance with article 242 of the Constitution of the Republic, the State is territorially organized in regions, provinces, cantons, and rural parishes; That, with the issuance of the organic code of Territorial Organization, autonomy and decentralization, COOTAD, published in the registry official Supplement No. 333, October 19, 2010, settled on the procedures and requirements for the creation of regions, provinces, cantons and parishes which require a territorial delimitation detailed and defined; That lack of clarity in the delimitation of certain territories has been constant disputes that, in one way or another, have affected the internal integration and the development of the State; That, as laid down by the provision transient tenth sixth of the Constitution, the President of the Republic sent to the National Assembly a Bill which establishes boundaries for regions and cantons of the Ecuadorian mainland; and that, on that basis, it is necessary, Furthermore, to establish adequate mechanisms for the resolution of conflicts of territorial delimitation present and future, framed in the field of citizen participation; That, in order to update the standards corresponding to boundary fixing internal create a clear, accurate and modern, regulations contained in a law that is not restricted to the solution of the current conflicts, but rather to regulate and fix, for the future and shape, the boundaries of the constituencies are required; and, in exercise of its constitutional and legal powers, issued the following: law for the fixing of limits territorial internal title I General article 1-scope and object.-this law applies throughout the country and aims to establish clear and appropriate rules allowing to set precise and definitive internal territorial limits on (: Supplement-registration official No. 934-Tuesday 16 of April of the 2013-3 to) procedures optional of solution of conflicts that put end to the controversies existing or that may exist;
(b) the ratification of the pre-existing boundaries that have legal, technical support and social respect of which there is no controversy; and, c) ruling on the boundary definition of territorial constituencies which will create.
CHOC it 2.-definitions Basic.-for effects of the application of this law is will have in has the following definitions: arbitration TERRITORIAL: procedure institutional through which a court arbitration, appointed of common agreement by them authorities Executive of them Governments autonomous decentralized of them circumstances-tions territorial in conflict of limits, emits an award arbitration that puts end to said conflict , with effect of thing judged, of compliance with mandatory and unappealable, without prejudice of that can be cleared up by the same court. In case of conflict of boundaries between constituencies territorial indigenous, Afro-Ecuadorian or montubio, will be their respective authorities which designate, of common agreement, the Court arbitration, for which may consider its own right customary. REFERENDUM: institutional process for the exercise of direct democracy, constitutional and legally regulated, through which the populations of certain constituencies, expressed their will for a solution that will put an end to a conflict of limits affecting them. TERRITORIAL delimitation: it's legal, tecnico-geografico and participatory process that determines and requires the internal boundaries of the constituencies at the national level. INDEFINITENESS of limits: it is the lack of legal definition or inaccuracy of territorial limits. TECHNICAL reports: they are the result of studies carried out in a technical way that collecting the criterion of the involved populations, they orient the process of decision-making on the delimitation and modification of the territorial organisation. LEGAL reports: They are specialized opinions resulting from legal analysis of current and historical documents available in the border area. Award-Failure or final then the respective arbitration decision, issues the tribunal with binding character and effect of res judicata with respect to a conflict of territorial limits subject to their knowledge and resolution. INTERNAL TERRITORIAL limit: it is the imaginary vertical plane that separates the territories of rural parishes, cantons, provinces and regions of Ecuador, within which the institutions of the State exercise its powers and perform its administrative function.
DISTRICT TERRITORIAL. -It is the way is territorially organized State that, constitutionally, refers to rural parishes, cantons, provinces and regions, in which the autonomous governments and special regimes exert their powers. MEDIATION: it is a dispute resolution procedure through the facilitation, coordination and support legal, agreement of the parties, takes place, a friendly conciliation of recognised prestige and appointed jointly by them, so populations and authorities of the territories that maintain conflict of boundaries and/or belonging, build a solution agreed upon with their conflicts. DIRECT negotiation: the process of dialogue that directly perform the populations and the executive authorities of the territorial, including districts the indigenous, Afro-Ecuadorian and montubio, maintaining border conflicts and/or membership, in order to solve them by mutual agreement. PROCEDURES for the settlement of border conflicts and belonging: sequence of actions aimed to put an end to border disputes with membership of the territorial constituencies. They can be friendly or institutional procedures. LEGISLATI sources AM ISTOSOS: include direct negotiation, mediation, or any other means through which the authorities and populations of the constituencies that maintain conflict of limits and/or membership, including constituencies indigenous, Afro-Ecuadorian and montubio, attainable solutions agreed to them. In the event of conflict of boundaries between indigenous constituencies, Afro-Ecuadorian and montubio, friendly procedures include those who determine their own ways of living together, own or customary law.
PROCEDIM institutional IENTOS: Are institutional procedures, popular consultation and those who take knowledge of the Councils, councils or the President of the Republic, in the scope of their powers, or before an arbitrator, so they issued an opinion or binding award, according to the case, putting an end to the conflict of limits.
RESOLUTION: that after the respective friendly or institutional procedures issued, within the scope of their powers, councils, councils, or the President of the Republic, with respect to a conflict of territorial limits subject to their knowledge and resolution.
Article 3.-principles-are guiding principles for the internal territorial delimitation, as follows: to) unit-the Republic of the Ecuador is a unitary State governing decentralized way through the different levels of Government, to be observed by the legal, territorial, economic planning unit and the equality of treatment.
4 - Supplement - official record No. 934 - Tuesday, April 16, 2013 b) continuity-the administrative political constituencies are constituted on the basis of the continuity of their territorial areas, and can there be a constituency with separate realms.
(c) integration-the internal territorial division must ensure economic, cultural, historical and social integration that guarantees the development of the population and the territory. The limit is an element of integration, which facilitates the exercise of the competences of the various levels of Government related to the population and resource management.
d) diversity: the delimitation will consider the nature
multinational and intercultural of the Ecuadorian State, as well as other criteria of population, geographical, socio-economic order and membership. In case of conflicts of internal limits in Ecuadorian territories of municipalities, communities, peoples and nationalities indigenous, afro, montubias montubio mechanisms of solution based may be applied in their customs and ancestral practices, in the framework of the Constitution and the law.
(e) substantiation-the territorial delimitation should support in the legal documents, geographical, socio-economic, historical, or cultural references that contribute to the achievement of the objectives of local and national planning, to consolidate the integration of the territory and strengthen the unitary State.
(f) participation citizen-the mechanisms laid down in this law for the territorial delimitation as well as to the resolution of conflict of limits and/or membership, will have as transversal axis citizen participation, with the coordination of the autonomous governments.
(g) good faith.-the parties whose territories are affected by conflicts of internal limits, be adopted in good faith and in a participatory manner with the populations involved, including being the case, communities, communities, peoples and indigenous nationalities, Afro-Ecuadorian and montubio, procedures deemed suitable to resolve such conflicts.
Title II of the existing limits and new circunscr territorial ipciones article 4.-limits in force.-this Act recognizes, validates and confirms all the internal territorial limits with respect to which there has been controversy, as well as the legal basis and other foundations which supported the establishment of such limits. Article 5.-new circunscr ipciones territorial limits-for the creation of new territorial constituencies or their merger, be observed the rules and procedures laid down in the organic code of Territorial Organization, autonomy and decentralization and this Act. For the effect, is will have with the assistance technical of the Institute geographical military and with the report technical of the Committee national of limits internal, without which no resolution or Ordinance will have the value legal corresponding. The autonomous governments must have with the assistance of specialists and connoisseurs of the territories and with the participation of populations in conflict that contribute to the fixing of limits between the territorial constituencies.
Title III of competencies for fixation of the first section of the Governments autonomous decentralized regional, provincial and Cantonales Choc internal limits the 6.-autonomous decentralized regional governments-the legislative bodies of the regional autonomous governments shall have jurisdiction to resolve conflicts of limits between its provinces and sections of edges of cantons or rural parishes located in the provincial boundaries of his district without prejudice to the friendly settlement these may come to that. Vivian lo 7.-autonomous governments decentralized provincial-legislative bodies of the provincial autonomous governments shall have jurisdiction to resolve disputes of internal limits that arise between their cantons and stretches of boundaries of rural parishes located in the cantonal boundaries in his constituency, without prejudice to the friendly settlement to which they could reach. CHOC thing 8.-autonomous decentralized cantonal governments.-the legislative organs of the autonomous cantonal governments shall have jurisdiction to resolve disputes of internal limits that arise between the rural parishes of his constituency, without prejudice to the friendly settlement to which they could reach. Vivian lo 9.-support and technical report-autonomous governments decentralized, fixing of internal limits that competa les negotiate or resolve, will count with the support of the military geographical Institute and the report of the National Committee of internal limits, without which no resolution or Ordinance shall have the legal value of legal and technical. Article 10.-Social participation-the legislative organs of the autonomous governments decentralized, prior to settling disputes internal limits on the basis of the competition established in the present law, all administrative, legislative acts or friendly settlement, must ensure the active participation of the citizens involved.
Supplement - Registro Oficial Nº 934 - Tuesday April 16, 2013 - 5 section second from the President of the Republic article 11.-the President of the Republic, with the technical assistance of the National Committee of internal boundaries, shall have jurisdiction to resolve disputes arising between the regional constituencies that conform and limits in the sections of provinces, cantons or rural parishes located in the regional limits without prejudice to the friendly settlement these may come to that.
Section third of the National Committee of limits internal article 12-Committee national limits internal.-the Committee national limits internal is a technical body, under public law, attached to the Ministry that the President of the Republic has, with legal personality and administrative, budgetary and financial autonomy.
Invoke 13.-functions.-functions of the National Committee of internal boundaries are: to) submit to the President of the Republic reasoned technical reports of territorial delimitation which serve as a basis for the resolution that this must be issued, in accordance with this law;
b) substantiate procedures which, in accordance with this law, must be determined by the President of the Republic;
(c) obtain, in the field of its competences, to the or them mediators or arbitrators designated by them parts in conflict of limits, whenever not have that be possessed by the organ legislative of the level of Government immediate superior of them constituencies in conflict;
(d) coordinate, advise and support of way technical in all those processes that require delimitation territorial internal;
(e) to issue the technical report of feasibility, as a prerequisite for the creation of new territorial constituencies or modification of existing boundaries;
f) advise technically autonomous governments decentralized in terms of territorial delimitation;
(g) transfer the data geospatial to the system national of information, for their respective coding;
(h) maintain up-to-date the information of the Division political administrative;
(i) update the delineation of territorial limits in cartography at the time of its issue;
j) acquit queries to the authorities and population in general in the field of internal territorial boundaries; y, k) the others provided for in the law and in the regulations.
Article 14.-organ of the Committee national limits internal — are organs of the National Committee of internal limits: to) the Board of Directors; and, b) the technical secretariat.
Vivian lo 15-directory-is the decision of the National Committee of internal limits and maximum body. It will be formed in the following way: to) a Minister delegated by the President of the Republic, who shall preside the directory with casting vote;
(b) the holder or a delegate of the national planning body; and, c) a delegate by the autonomous governments which will be designated by these outside of her womb and that may not be an authority on functions.
The directory will feature advice from Instituto Geográfico Militar technicians who will have voice but no vote in its decisions. Article1 the 16.-functions of the Board — are functions of the Board of the National Committee of internal limits: to) approve, by a majority of its members, technical and legal reports reasoned, prepared by the technical secretariat in those conflicts of territorial indefinition whose resolution, in accordance with this law, are of the competence of the President of the Republic;
b) issuing policies that enable compliance with institutional functions, decentralized and efficient;
(c) appoint the Technical Secretary of the National Committee of internal boundaries; and, (d) the others provided for in the Constitution, the law and the regulations. Article1 the 17.-technique-the secretariat technical secretariat of the Committee national limits internal is the technical organ of consultation and coordination of the processes of attachment internal limits. It will be headed by the Technical Secretary, appointed by the Board of the National Committee of internal boundaries. Its functions will be provided for in the respective regulations. The technical secretariat of the National Committee of internal boundaries and the decentralized autonomous governments must have the assistance of specialists and connoisseurs of the territories and populations in conflict, that contribute to the fixing of limits between the territorial constituencies.
6 supplement - official record No. 934 - Tuesday, April 16, 2013 title IV of the solution of disputes chapter first conflict of internal territorial boundaries
Article 18.-conflicts-there is a conflict of internal boundaries between constituencies, in the following cases: to) when there is a lack of technical or legal definition of boundaries;
(b) when there is lack of precision in the boundaries;
(c) when two or more standards or acts legal set boundaries but with an overlay of areas, without is can establish the prevalence of a u another standard;
(d) when the standard legal's creation or delimitation of constituencies territorial, generated the controversy;
(e) when the geographic reality has been modified in such a way that the delimitation that remained in effect becomes irrelevant; and, f) when in the absence of legally established limits, has remained a referential stroke and this circumstance is controversial.
Chapter second of the procedures for the settlement of conflict of limits territorial internal section first standards general article 19.-procedures for the solution of conflicts.-you recognize two forms of dispute resolution in terms of setting internal limits, friendly procedures and institutional.
Article 20.-rules common to all procedures-procedures for resolving disputes relating to fixing of internal boundaries must be guided by the following common standards: a) in the event that the Governments of two or more constituencies wrongdoings a process of amicable settlement, in the area of internal limits, may require the respective technical diagnostic report limits internal Committee legal and social limits of their constituencies or of which they are part. In other cases the diagnostic report will serve as a document enabling to start the respective procedure.
In case of partial agreements between parties be accomplished through any friendly procedure, they shall take into account and respect, so that any other procedure that is adopted, only verse on those points that are mantuvieren even controversial;
(b) the diagnostic report must contain cartography, technical data, legal, historical, social and others, that are specified in the regulations under this Act, that is to reveal the conflict of limits.
(c) in cases where dispute resolution changes through friendly settlement, it must be referred to the limits internal Committee which shall draw up the respective report, within one period not exceeding thirty days;
(d) the procedures for the solution of conflicts of limits territorial internal planned in this law are alternative for them constituencies territorial, can start in form unilateral or of mutual agreement which consider ideal. An institutional procedure may not start when another institutional procedure for dispute resolution of internal territorial limits is pending.
(e) the procedures for the settlement of disputes of internal territorial limits provided for in this law must follow the established procedural guidelines.
The regulation issued by the President of the Republic or, if applicable, in the respective Ordinance, shall be governed other procedural aspects of the institutional procedures provided in this law, such as requirements of procedural stages, legitimation, procedure and deadlines.
For friendly procedures, as well as for arbitration, will be the parties to the conflict themselves which will establish by mutual agreement the procedural aspects that will govern them;
(f) any reasoned decision putting an end to a conflict of territorial limits, will be compulsorily incorporated in the Bill which the President of the Republic will be sent to the National Assembly, for your treatment and approval;
(g) in cases in which the conflict of territorial vagueness see on rural parishes, the solution that will be binding for the respective cantonal self-government in the issuance of the relevant Ordinance; and, h) If an internal conflict of limits afectare to communities, communes, villages and indigenous and Afro-Ecuadorian or mon-tubias populations, applies on a priority basis, the right to intervene in participatory bodies of the dispute are wrongdoings.
Second of the procedures friendly article 21.-object-the section friendly procedures are intended to encourage the joint construction of agreements between the Governments of the territorial constituencies in conflict of internal limits. They are recognized as friendly direct negotiation and mediation procedures.
Supplement - Registro Oficial Nº 934 - Tuesday April 16, 2013 - 7 Vivian lo 22.-direct negotiation-direct negotiation is to establish treatment or participatory and direct interactions between the executive authorities of the autonomous governments involved and its citizens, to achieve a mutually satisfactory agreement for the parties to the conflict which, once reached, must be sent to the President of the Republic who must obligatorily incorporate it to the corresponding Bill.
CHOC thing 23. Territorial mediation.-Notwithstanding that the autonomous governments may at any time fix and resolve their conflicts of territorial vagueness through direct negotiations, if they consider it appropriate they can go to a territorial mediation procedure, for which: to) autonomous governments in conflict, by mutual agreement, shall appoint a mediator and shall determine the procedure by which the territorial mediation process will take place. The agreement thus attained shall be forwarded to the legislature Government immediate upper level or the national limits internal Committee as appropriate, so that they come to the possession of the mediator and are aware of the mediation procedure adopted.
(b) a time positioned, the mediator will open and will form the record corresponding, urging to them parts for in the term of thirty (30) days, is conform tables of dialogue with the authorities of them constituencies territorial in conflict and representatives of the citizenship involved. At the dialogue tables will be units of technical support of the National Committee of internal limits and Instituto Geográfico Militar. The tables will be aimed at the participatory construction of agreements in the final and compulsory fixing of limits.
c) once formed tables of dialogue, in the period that established parties, by mutual agreement will build a detailed and precise agreement fixing border, signing the corresponding minutes shall be obligatory for the parties. In all cases, autonomous governments in conflict shall send the agreement to the President of the Republic or, where appropriate, the Cantonal Council, for the issuance of the draft law or Ordinance as case may be. These projects be incorporated compulsorily in the terms of the agreement.
Section third of the procedures institutional article 24.-object of the procedure-fixing of internal limits are recognized as institutional arbitration, institutional resolution, and the popular consultation procedures.
Through institutional resolution and arbitration, the Council, the Council or the President of the Republic, in the scope of their powers, or the respective arbitral tribunal, once analyzed the arguments in fact and
right of territorial constituencies in conflict of internal limits, as well as the corresponding technical reports and evidence, shall deliver an opinion or decision that put an end to such conflict. CHOC thing 25.-Territorial arbitration.-the executive authorities of the autonomous governments of the constituencies which they have conflict of limits, at any time, previous favourable decision of their respective legislative bodies, may agree among themselves an agreement to submit their dispute to arbitration resolution. The Governments of the territories in conflict established of common agreement in the Convention, the procedure arbitration. He arbitration territorial will be independent, i.e., made according to what the parties agreed. The tribunal will issue its award in equity or right, attentive to the will of the parties expressed in the arbitration agreement. The Parties shall designate of mutual agreement to the Court arbitration, that not may be formed by dignitaries of choice popular in functions. He procedure so agreed, will be sent to the organ legislative of the level of Government immediate superior or to the Committee national of limits internal according to corresponds, to come to the possession of the Court arbitration and have knowledge of the procedure arbitration agreed. The arbitration award will be notified to the parties and sent to the President of the Republic for incorporate it compulsorily in the Bill should be drawn. In the case of the rural parishes, that award shall be forwarded to the cantonal self-government that corresponds to make binding incorporate it in the respective Ordinance. Article 26.-Institutional resolution.-any territorial constituency who keep a conflict of limits with one or more other neighboring districts, may be raised strongly its claim before the Council or Council of decentralized government immediate upper level or the President of the Republic, depending on the regional incidence of conflict of limits, requesting to open the respective record and provide citation to the Government of the involved territorial constituencies so that in the period appropriate answer and reasonably expose their arguments, attaching the documentation which they believe is relevant to the effect. Once evacuated all the tests, the Council or corresponding Council declared finished that stage and, in the term that corresponds as provided for in the respective Ordinance, shall issue the opinion that (i) identifies the lack of border definition and (ii) set of motivated, technical and definitive way the boundaries between constituencies in conflict. In cases whose outcome correspond to the President of the Republic, national limits internal Committee be declared finished the preliminary stages and the reasoned technical report of territorial delimitation 8 - supplement - official record No. 934 - Tuesday, April 16, 2013 will be incorporated in the decision that the President of the Republic must be issued and on the Bill which must be developed. The limits established the respective Council or Council shall be obligatory basis of the Bill that, in all cases of CAP, shall draw up the President of the Republic, except in the rural parishes. Invoke 27.-referendum-the executive authorities of the electoral districts in conflict, by mutual agreement, may apply to the President of the Republic to convene a referendum, by submitting to it or possible solutions to their conflicts. There is no agreement between the parties in conflict, the Executive authority of the immediate upper level, consider this via suitable, ask the President of the Republic this call for proposals, without prejudice to the powers which the Constitution attributes to this authority. When the consultation is agreed by the parties in conflict will be these which established them terms in that is should raise. In the popular consultation will be consulted and the citizens of the place in the respective territorial constituencies conflict. For this purpose, national limits internal Committee will establish and identify the territorial area in conflict and the National Electoral Council will raise the respective electoral roll which allows clear and accurately determine the Census of the population to be consulted. There will be no place to the popular consultation on conflicts of limits that had already been resolved through either friendly or institutional procedures provided for in this law. In the case of conflicts of belonging, without prejudice to the procedures established in this law, the President of the Republic, following a report of the National Committee of internal boundaries, may convene a referendum, in accordance with the Constitution and the law.
PROVISIONS GENERAL FIRST. -Each of the populations of the constituencies arriving through direct negotiation, territorial mediation or any other means of friendly settlement agreements of territorial definition that do not affect territories of third constituencies, will receive the national Government's total financing of a project or project of priority interest for the matter of the conflict areas , provided that you have impact on territorial development and the attention of unsatisfied basic needs. SECOND.-mediation and territorial arbitration, as a means of settlement of border disputes, will be governed exclusively by the provisions in this law and agreed between the parties in conflict. Arbitration and mediation Act may apply in a supplementary manner provided it does not contravene to the provisions in this law.
THIRD.-for the creation of rural parishes, must count on technical verification issued by the National Committee of internal boundaries on the limits of the new constituency; as well as with technical verification of the National Institute of statistics and censuses, the compliance of the population requirement. -FOURTH. -Any public entity will carry out activities inherent to their functions without referring to official cartography issued in accordance with the provisions of the law on the matter.
TRANSITIONAL PROVISIONS FIRST. -Respect and will keep unchanged the attained agreements even before the promulgation of this law, among constituencies which held regional uncertainties, provided there is written record of such agreements and third districts territory is not affected. These agreements will be presented to the President of the Republic for the elaboration of the respective Bill in the terms set out in the agreement. If previous agreements deal submitted a referendum the existing conflicts, shall be in accordance with the provisions in the Constitution of the Republic. SECOND.-the agreements that have reached the autonomous governments of territorial constituencies in the area of internal limits, must be respected and recognized by the authorities of different levels of Government. THIRD.-the entities and public-sector institutions shall refrain from issuing and publish cartographic material that defined limits in territories which way public and notorious, remain unresolved border conflict. Public entities that corresponds to them issuing official cartography, will mark it as "study areas" those constituencies that keep bordering conflicts until they are resolved. -FOURTH. -Within a period not greater than thirty (30) days from the publication of this law in the Official Gazette, national limits internal Committee will spend to replace definitively the current Special Commission limits inmates of the Republic, CELIR, in the terms provided for in this law and the regulation that within a period not to exceed ninety (90) days is handed down. Human talent and physical and material resources of the CELIR, will become part of the National Committee of internal limits, following evaluation and selection, according to the institutional requirements and according to the provisions of the organic law of the public service, in accordance with due process. Fifth - the rights and obligations in agreements, contracts, or other national or international legal instruments concluded by the Special Committee of internal limits, shall be borne by National Committee of internal boundaries.
Supplement - Registro Oficial Nº 934 - Tuesday, April 16, 2013 - 9 sixth.-faculties which in resolution of territorial uncertainties this law grants to the regional autonomous governments, in both regions, not conform the Presidency shall exercise them.
SEPTIM a.-the representative of the autonomous governments decentralized in the Board of the National Committee of internal boundaries, will be appointed by them from among those proposed by the associative entities of the autonomous governments. For this purpose, each of the associative entities stand to one person, out of his breast.
THE EIGHTH. -In areas where there is lack of territorial definition, the authorities of the autonomous governments may meet the unmet basic needs in the framework of its competences. The provision of goods and services and the execution of works, does not imply formation of territorial rights.
The authorities of the autonomous governments that provide goods and services or to execute works in the area of territorial vagueness must be communicated in writing to the authority who maintains the territorial conflict. When catastrophic or emerging situations they should coordinate actions to respond effectively to the corresponding institutions.
NINTH.-the autonomous decentralized Governments, within a maximum period of two years from the entry into force of this law, will resolve conflicts existing limits in their respective territorial jurisdictions in accordance with any procedures set out in this law.
Breach of this provision will be causal of revocation of the mandate of the respective Mayor or prefect.
In this case, limits inmates, upon qualification, National Committee will send to the National Electoral Council conflict of belonging that must be subject to referendum, whose call must be carried out with the respective GEODESIC limitation, based on which the corresponding register shall be.
When is concerned of conflicts to get the delimitation of any constituency territorial in whose area of conflict not exist population resident, the Commission national of limits internal set them limits territorial.
Tenth within a term not greater to three years counted starting from the publication of the present law in the record official, the Committee national of limits internal must present a report to the Assembly national on them activities developed by the institution, in which will consist an evaluation of them results obtained in it determination of limits of the territory Ecuadorian in application of this law.
TENTH FIRST. -He Committee national of limits internal and the Institute national of statistics and censuses, in the field of their competencies and in the term of 180 days counted from the validity of this law, verified the compliance of them requirements of delimitation physical and of population established in the code organic of ordering Territorial, autonomy and decentralization, of them constituencies territorial created starting from the validity of the said body normative , published the 19 of October of the 2010 in the registration official No. 303.
Of check is the failure of them requirements before mentioned is will produce the nullity absolute of the Act of creation of the respective constituency territorial, without prejudice of them responsibilities criminal and civil of the authorities. In those processes of creation of parishes that have not concluded, the same shall be suspended until the verification requirements.
REPEALING provision is repealed the Decree Supreme No. 1189 of 28 February 1977, published in the registry official No. 291 of March 9 of the same year that created the Special Committee on internal boundaries of the Republic (CELIR), as well as the regulation of operation of the Special Commission of internal boundaries, published in the official registry number. 539 of March 6, 1978.
DISPOSAL this law shall become effective from the date of its publication in the Official Gazette.
Given and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha province, in the fifth day of the month of April of two thousand thirteen. f) FERNANDO CORDERO CUEVA President Dr. Libya RIVAS O. General Secretary. I hereby certify, that the National Assembly discussed and approved the law for the fixing of limits territorial INMATES, in first debate on February 2, 2012, in second debate on June 7, 2012, 19 June 2012 and February 26, 2013 and ruled on the partial objection from the President of the Republic on April 5, 2013. Quito, April 5 from 2013 f.) DR. LIBYA RIVAS O. Secretary General.
10 supplement - official record No. 934 - Tuesday, April 16, 2013 Council MUNICIPAL of the Government autonomous DESCENTRALIZ ADO MUNICIPAL of the CANTON CUYABENO considering: that the Constitution of the Republic of the Ecuador in its article 238 and the organic code of organization Territorial autonomy and decentralization in its articles 1 and 5 establish the autonomy of the autonomous governments; That article 57 literal b) organic organization Territorial autonomy and decentralization code according to article 492 ibid establishes Faculty of the municipal councils, by Ordinance, regulate enforcement of taxes foreseen by the law in their favor; That article 172 of the organic code of organization Territorial autonomy and decentralization in accordance with article 300 of the Constitution of the Republic of Ecuador States that the tax implementation will be guided by the principles of generality, progressiveness, efficiency, administrative simplicity, non-retroactivity, transparency and revenue adequacy; The 552 articles up to 555 of the organic code of organization Territorial autonomy and decentralization provides tax of 1.5 per thousand of total assets. That decentralized autonomous governments are called upon to strengthen their fiscal capacity; in order to have greater financial resources for the execution of works and provision of public services that promote the integral development of the canton; In use of their powers and faculties, issued: it ORDENANZ that REGULATES the determination, CONTROL and collection of the tax of the 1.5 by thousand on them active total in the CANTON CUYABENO.
Chapter I fact taxable and subjects of tax article 1.-fact generator.-El made generator of tax is the permanent pursuit of economic activity in the canton, from which derives the obligation to keep accounting according to the taxation law and its regulations. Article 2.-subject active. -The active subject of this tax is the municipality of the Cuyabeno Canton. Definition, management, control and collection of this tax it will be through the Municipal financial department.
Article 3.-subject liabilities-are taxable persons of the tax of 1.5 per thousand on total assets, natural, legal persons, national societies or foreign, domiciled or shop in the canton Cuyabeno, which permanently engaged in economic activities and who are obliged to take accounting, in accordance with provisions of tax law and its regulations. Article 4.-establishment standing of enterprises foreign-the definition of permanent establishment of foreign companies applies to provisions in the regulations for the implementation of the organic law of taxation.
Chapter II elements for the liquidation of tax article 5.-tax year. -The tax year is annual and comprises the period that goes from January 1st to December 31. Article 6.-exemptions-are exempt from this tax only: to) the central Government, provincial and regional councils, municipalities, metropolitan districts, parish meetings, public law entities and entities of private law with social or public purpose when their property or income are intended exclusively for the aforementioned purposes and only in the part that is directly invested in them;
(b) institutions or associations of private nature, charitable or education, corporations and nonprofit foundations constituted legally, when income or assets intended for exclusively mentioned purposes where it is invested directly in them;
(c) multinational enterprises and those of mixed economy, in the part that corresponds to the input of the public sector of the respective States. In the case of the mixed economy companies, the stock percentage determined parts of the total asset subject to the tax;
(d) the natural persons that are covered exclusively in the artisan Promotion Act and have the interministerial agreement that treats the tenth article three of the craft Promotion Act;
(e) natural or legal persons engaged in agricultural activities, exclusively on total assets directly related to agricultural activities; and, f) saving and credit cooperatives. Total asset tax exemptions provided for in special laws, even when they are considered for promotion of productive activities are not recognized.
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