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Law Federal's Responsibilities Administrative Of The Servers Public

Original Language Title: Ley Federal de Responsabilidades Administrativas de los Servidores Públicos

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Federal Law on Administrative Responsibilities of Public Servants

FEDERAL LAW ON ADMINISTRATIVE RESPONSIBILITIES FOR PUBLIC SERVANTS

Official Journal of the Federation on 13 March 2002

Last reform published in the DOF on July 14, 2014

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE CONGRESS OF THE MEXICAN UNITED STATES, DECREES:

ARTICLE FIRST.- The Federal Law on Administrative Responsibilities of Public Servants is issued to remain as follows:

FEDERAL LAW ON ADMINISTRATIVE RESPONSIBILITIES FOR PUBLIC SERVANTS

TITLE FIRST

ONLY CHAPTER

General Provisions

ARTICLE 1.- This Law is intended to regulate Title IV of the Political Constitution of the United Mexican States, in the field of:

I.- The subjects of administrative responsibility in the public service;

II.- The public service obligations;

III.- The administrative responsibilities and penalties in the public service;

IV.- The competent authorities and the procedure for applying these sanctions, and

V.- The patrimonial record of the public servers.

ARTICLE 2.- They are subject to this Law, the federal public servants mentioned in the first paragraph of Article 108 Constitutional, and all those persons to handle or apply federal public resources.

ARTICLE 3.- In the field of your competence, you will be empowered to apply this Law:

I.- The Chambers of Senators and Deputies of the Congress of the Union;

II.- The Supreme Court of Justice of the Nation and the Council of Federal Judicature;

III.- The Secretariat of the Civil Service;

IV.- The Federal Court of Justice and Administrative Justice;

V.- The labor and agricultural courts;

VI.- The Federal Electoral Institute;

VII.- The Higher Audit of the Federation;

VIII.- The National Human Rights Commission;

IX.- The Bank of Mexico;

X.- The Federal Telecommunications Institute;

XI.- The Federal Economic Competition Commission, and

XII.- The other courts and institutions that determine the laws.

ARTICLE 4.- For the investigation, processing, substantiation and resolution, if any, of the procedures and resources established in this Law, they shall be The competent authorities shall be responsible for the internal control and the owners of the audit, complaints, and responsibilities of the internal control bodies of the agencies and entities of the Federal Public Administration and the Attorney General's Office. General of the Republic.

ARTICLE 5.- For the purposes of this Law:

Law: To the Federal Law on Administrative Responsibilities of Public Servants.

Secretariat: To the Secretariat of the Civil Service.

Internal Comptroller's: To the internal control bodies of the agencies and entities of the Federal Public Administration, as well as the Attorney General's Office Republic.

Internal comptroller s and holders of audit, complaint and liability areas: To the holders of internal and audit areas, of complaints and responsibilities, designated by the Secretariat.

Dependencies: To those considered as such in the Organic Law of the Federal Public Administration, including its unconcentrated administrative organs, as well as the Attorney General of the Republic.

Entities: To those considered as para-state entities in the Organic Law of the Federal Public Administration.

ARTICLE 6.- When the acts or omissions of the public servants, subject to complaints or complaints, are included in more than one of the cases subject to In accordance with Article 3 (2) of the Treaty, the Commission shall, in accordance with Article 3 (2) of Regulation (EC) No 3103/88, provide for the application of the provisions of Article 3 of Regulation (EC) No 690/86. complaints to anyone who should know about them. Penalties of the same nature may not be imposed twice for a single conduct.

TITLE SECOND

Administrative Responsibilities

CHAPTER I

Principles governing public function, subjects of administrative responsibility and obligations in the service public

ARTICLE 7.- It will be the responsibility of the subjects of the Law to adjust, in the performance of their jobs, positions or commissions, to the obligations foreseen in this, to safeguard the principles of legality, honesty, loyalty, impartiality and efficiency that govern the public service.

ARTICLE 8.- Any public server will have the following obligations:

I.- Meet the service entrusted to you and refrain from any act or failure to cause the suspension or deficiency of that service or involve abuse or misuse of a job, position or commission;

II.- Formulate and execute the plans, programs, and budgets for your competence, and comply with laws and regulations that determine the management of public economic resources;

III.- Use the resources you have assigned and the powers that you have been attributed to the performance of their employment, position or commission, exclusively for the purposes to which they are affected;

IV.- Be accountable for the exercise of the functions you have conferred and contribute to the accountability of the federal public administration, providing the documentation and information required in terms of the corresponding legal provisions;

V.- Custodian and take care of the documentation and information that for reason of their use, charge or commission, be liable, and prevent or prevent its use, subtraction, destruction, concealment or improper use;

VI.- Observe good conduct in your employment, office or commission, dealing with respect, diligence, impartiality and rightness of the persons with whom they are related to this;

VII.- Communicate in writing to the holder of the dependency or entity in which you are services, reasonable doubts that may arise from the origin of the orders received and which may involve violations of the Law or any other legal or administrative provision, in order to give the holder the measures that he is entitled to proceed, which must be notified to the public server that issued the order and the data subject;

VIII.- Refrain from exercising the duties of a job, position or commission, for having completed the period for which it was designated, for having been terminated or for any other legal cause to prevent it;

IX.- Refrain from disposing or authorizing a subordinate to unattend without cause justified to their work, as well as to grant undue licenses, permits or commissions with partial or full benefit of pay and other perceptions;

X.- Refrain from authorizing selection, hiring, appointment, or designation who is disabled by a decision of competent authority to hold a job, position or commission in the public service;

XI.- Excuse yourself to intervene, on behalf of your order, in any form in the care, processing or resolution of matters in which you have a personal, family or business interest, including those of which benefit may be of any benefit to him, his spouse or consanguine relatives or by affinity to the fourth degree; or civil relatives, or for third parties with whom you have professional, employment or business relations, or for partners or companies from which the public servant or the persons referred to above form or have been a party.

The public servant must inform the immediate head about the attention in writing, processing or resolution of the cases referred to in the preceding paragraph and of their knowledge, and to observe their written instructions concerning their care, processing and resolution, where the public servant cannot abstain from intervening in them;

XII.- Refrain, during the exercise of its functions, from requesting, accepting, or receive, by itself or by means of person, money, movable or immovable property by means of disposal in a price which is significantly less than that which it has on the ordinary market, donations, services, jobs, charges or commissions for itself, or for persons to whom refers to the XI fraction of this article, which come from any a natural or moral person whose professional, commercial or industrial activities are directly linked, regulated or supervised by the public servant in question in the performance of his employment, position or commission; interests in conflict. This prevention is applicable up to one year after it has been withdrawn from employment, office or commission.

There will be conflicting interests when personal, family or business interests the public servant may affect the impartial performance of his employment, position or commission.

Once the employment, office or commission has been completed, the public servant must observe, to avoid incurring conflicting interests, as provided for in Article 9 of the Law;

In the case of the staff of the public research centres, the governing bodies of the public institutions, with the prior authorization of their internal control body, may determine the specific terms and conditions of application and exception to the provisions of this fraction, in the case of conflicts of interest that may involve activities in which this staff participates or is linked to projects of scientific research and technological development in relation to third parties in accordance with what is established by the Law on Science and Technology;

XIII.- Perform your employment, office or commission without obtaining or claiming to obtain benefits additional to the verifiable consideration that the State grants to it for the performance of its function, whether for the performance or for the persons referred to in the XI fraction;

XIV.- Refrain from intervening or unduly participating in the selection, appointment, designation, hiring, promotion, suspension, removal, termination, termination of the contract or sanction of any public servant, when he has personal, family or business interest in the case, or may derive any benefit or benefit to him or the persons referred to in the XI fraction;

XV.- Present with opportunity and truthfulness the statements of patrimonial situation, in the terms established by the Law;

XVI.- Please take care of the instructions, requirements or resolutions you receive of the Secretariat, the internal controller or the holders of the audit, complaints and responsibilities areas, in accordance with the competence of the latter;

XVII.- Monitor that the public servants subject to your address, comply with the provisions of this article;

XVIII.- To denounce in writing before the Secretariat or the internal comptroller, the acts or omissions which, in the exercise of their duties, I shall be aware of in respect of any public servant which may constitute administrative responsibility under the terms of the Law and other applicable provisions;

XIX.- Provide in a timely and truthful manner all information and data requested by the institution that is legally responsible for the surveillance and defense of human rights. In compliance with this obligation, the public servant must also allow, without delay, access to the enclosures or facilities, files or documentation that the institution of reference deems necessary to review for the effective performance of its privileges and corroborate, also, the content of the reports and data provided to it;

XIX-A.- Respond to the recommendations presented by the institution to which It is legally responsible for the monitoring and defence of human rights, and in the event that it is decided not to accept or not to comply with the recommendations, it shall make public its refusal, establishing and motivating it in accordance with the provisions of Paragraph B, Article 102 of the Political Constitution of the United Mexican States and Article 46 of the Law of the National Commission on Human Rights;

XIX-B.- Atender the calls of the Senate or in their recesses of the Standing Committee, to appear before these legislative bodies, in order to explain the reason for their refusal to accept or comply with the recommendations of the institution to which the surveillance and defense of the rights is legally responsible Article 102 of the Constitution of the European Union, in accordance with Article 102 of the United Mexican States;

XIX-C.- Meet in time and form the National Electoral Institute's mandates and any of its organs, as established by applicable electoral law, provide them in a timely and truthful manner with the information requested and provide them with the assistance and collaboration required by those authorities. election;

XIX-D.- Refrain from infringing, by action or omission, the provisions constitutional, legal, regulatory and normative in electoral matters, government propaganda and impartial application of public resources, as well as refraining from influencing the fairness of competition among political parties;

XX.- Abstain, in the exercise of his or her duties, to celebrate or authorising the conclusion of orders or contracts relating to acquisitions, leases and disposal of all types of goods, provision of services of any kind and the procurement of public works or services related thereto, with whom he/she performs a job, job or commission in the service public, or with the companies of which those persons are a party. For no reason may an order or contract be concluded with those who are disabled to perform a job, position or commission in the public service;

XXI.- Refrain from inhibiting by itself or by person, using any (a) means, to potential complainants in order to avoid the formulation or submission of complaints or to make, for that purpose, any act or omission which is detrimental to the interests of those who formulate or present them;

XXII.- Refrain from taking advantage of the position your employment, office or commission confers on you to induce another public servant to carry out, delay or omit to perform any act of its competence, which shall report to it any benefit, benefit or advantage to itself or to any of the persons referred to in the XI fraction;

XXIII.- Refrain from acquiring for himself or for the persons referred to in the XI, immovable property which may increase its value or, in general, improve its conditions, as a result of the carrying out of public or private works or investments, which has authorised or been made aware of on the basis of his employment, position or commission. This restriction shall apply up to one year after the public servant has withdrawn from employment, office or commission, and

XXIV.- Refrain from any act or omission involving non-compliance with any legal, regulatory or administrative provision relating to the public service.

Failure to comply with the provisions of this Article shall give rise to the appropriate procedure and penalties, without prejudice to the specific rules which the regarding the service of the armed forces.

ARTICLE 9.- The public servant who ceases to perform his employment, position or commission shall observe, up to one year after the completion of his duties, the next:

a) In no case will you take advantage of your influence or gain any advantage derived from the function you performed, for yourself or for the persons referred to in the XI fraction of the previous article;

b) Do not use for your own or third parties, the information or documentation you have had access to in your employment, office or commission and other than in the public domain, and

c) The public servants who have served in the Federal Electoral Institute, their Councillors, and the Magistrates of the Electoral Tribunal of the Judicial Branch of the Federation refrain from participating in any public order of the administration headed by whoever won the election that they organized or qualified.

CHAPTER II

Complaints or Complaints, Administrative Sanctions, and Procedures for applying them

ARTICLE 10.- On dependencies and entities specific units will be established, which the public will have easy access to, so that any interested party can file complaints or complaints for non-compliance with public servants ' obligations.

Complaints or complaints must contain data or evidence to indicate the alleged responsibility of the public servant.

The Secretariat will establish rules and procedures for complaints or complaints from the public to be addressed and resolved efficiently.

ARTICLE 11.- The authorities referred to in Articles 3, II and IV to X of Article 3, in accordance with the respective legislation, and for what it does to jurisdiction, establish the bodies and systems to identify, investigate and determine the responsibilities arising from the failure to comply with the obligations laid down in Article 8, and to impose the penalties provided for in this Article. Chapter.

ARTICLE 12.- The public servants of the Secretariat who incur liability for failure to comply with the obligations laid down in Article 8 shall be Subject to this Chapter by the internal Comptroller of that Secretariat. The holder of this comptroller shall be appointed by the President of the Republic and shall only be administratively responsible to him.

ARTICLE 13.- The penalties for administrative misconduct will consist of:

I.- Private or public assembly;

II.- Suspension of employment, office or commission for a period not less than three days and not longer than one year;

III.- Removal of post;

IV.- Economic Santion, e

V.- Temporary disablement to perform public service jobs, charges, or commissions.

Where no damages are caused, no profit or profit or any profit, they shall be imposed from three months to one year of disablement.

When disablement is imposed as a result of an act or omission involving profit or loss, or cause damages, it will be one year up to ten years if the The amount of money does not exceed 200 times the monthly general minimum wage in the Federal District, and ten to twenty years if it exceeds that limit. The latter period of disablement shall also be applicable for serious conduct of public servants.

In the case of serious infractions, the removal penalty will also be imposed.

In any event, the non-compliance with the obligations laid down in fractions VIII, X to XVI, XIX, XIX-C, XIX-D, XXII and XXIII of the Article shall be considered as serious infringement. 8 of the Law.

For a person who has been disabled in the terms of the Act for more than ten years to be able to return to employment, office or commission in the public service after the expiry of the period of the disablement imposed, it shall be required that the holder of the dependency or entity to which he intends to enter, of notice to the Secretariat, in a reasoned and justified manner, of such circumstance.

The violation of the foregoing paragraph will be the cause of administrative responsibility in the terms of the Law, with no effect on the appointment or the contract that was made in your case.

ARTICLE 14.- For the imposition of administrative sanctions, account shall be taken of the elements of the employment, position or commission performed by the server. public when it incurred the fault, which they then refer to:

I.- The seriousness of the liability incurred and the desirability of deleting practices that infringe, in any form, the provisions of the Law or those that are dictated based on it;

II.- The socio-economic circumstances of the public server;

III.- The hierarchical level and background of the offender, including seniority in the service;

IV.- External conditions and means of execution;

V.- The recidivism in the default of obligations, and

VI.- The amount of profit, profit, or damage or loss arising from the breach of obligations.

For the purposes of the Act, the public servant who has been held liable for failure to comply with any of the obligations to which he or she has been liable shall be deemed to have been refers to Article 8 of the Law, again incurs one or more infringing conduct to that legal precept.

ARTICLE 15.- The imposition of economic sanctions should be imposed when, for failure to comply with the obligations laid down in Article 8 of the Law, profits or profits, or damages, which may be up to three as many of the profits or profits obtained or the damages caused.

In no case shall the financial penalty imposed may be less than or equal to the amount of profit or profit obtained or the damages caused.

The amount of the financial penalty imposed will be updated, for the purposes of its payment, in the form and terms established by the Fiscal Code of the Federation, in the case of contributions and leverage.

For the purposes of the Law, the minimum monthly salary, the equivalent of thirty times the daily minimum daily wage in the Federal District, will be understood.

ARTICLE 16.- For the imposition of the penalties referred to in Article 13, the following rules shall be observed:

I.- Public or private admonition to public servants shall be imposed by the Secretariat, the internal comptroller or the holder of the area of responsibility and executed by the immediate boss;

II.- The suspension or removal of the post from the public servants will be imposed by the Secretariat, the internal comptroller or the head of the responsibilities and executed by the holder of the corresponding dependency or entity;

III.- The disablement to perform a job, position or commission in the public service shall be imposed by the Secretariat, the internal comptroller or the holder of the area of responsibilities, and executed in the terms of the judgment given, and

IV.- The economic sanctions will be imposed by the Secretariat, the internal comptroller or the head of the area of responsibilities, and executed by the Treasury the Federation.

When the alleged perpetrators disappear or there is an imminent risk that they will hide, dispose of or squander their assets in the judgment of the Secretariat, the internal comptroller or of the holder of the area of responsibilities, the Treasury of the Federation shall be requested, at any stage of the administrative procedure referred to in Article 21 of the Law, to proceed to the precautionary embargo of his assets, in order to guarantee the recovery of the economic sanctions which will be imposed on the basis of the infringement committed. Imposed the economic sanction, the precautionary embargo will become definitive and will be carried out in the third paragraph of article 30 of the Law.

The non-compliance with the provisions of this article by the immediate boss, the holder of the corresponding unit or entity or the public servants of the Treasury of the Federation, will be the cause of administrative responsibility in the terms of the Law.

ARTICLE 17.- The Secretariat shall impose the penalties corresponding to the internal contralors and to the holders of the audit, complaints, and responsibilities where they are injustifiably held to investigate or punish offenders, or in so doing do not comply with the applicable legal or administrative provisions, as well as when they incur acts or omissions involving administrative responsibility.

ARTICLE 17 Bis. The Secretariat, the internal comptroller or the holder of the area of responsibilities may refrain from initiating the planned disciplinary procedure. in Article 21 of this Law or to impose administrative penalties on a public servant, where the investigations or checks carried out warn that the following hypothesis is updated:

That for the same time, for the same fact and in a period of one year, the performance of the public servant, in the attention, processing or resolution of matters to his office, is referred to a question of judgment or arbitrable or debatable, in which various solutions can validly be supported, provided that the conduct or abstention does not constitute a deviation from the legality and the constances of the elements that took into account the public server in the decision it took, or that the act or omission was corrected or subsated spontaneously by the public servant or implies manifest error and in any of these assumptions, the effects which, if any, have occurred, have disappeared or have been resented.

ARTICLE 18.- When by the nature of the facts reported or the seriousness of the alleged infractions the Secretariat considers that she must instruct the disciplinary proceedings, shall require the internal comptroller, the holder of the area of responsibility or the owner of the complaints area to send the relevant file, and shall, where appropriate, impose the corresponding administrative penalties.

ARTICLE 19.- If the Secretariat or the internal comptroller has knowledge of facts that involve criminal responsibility, they must report them to the Ministry Public or, where appropriate, to urge the legal area of the respective dependency or entity to formulate the complaints to which it is required, where required.

ARTICLE 20.- For the fulfillment of its privileges, the Secretariat, the internal comptroller or the owners of the audit, complaints, and responsibilities, shall carry out duly substantiated investigations or audits in respect of the conduct of public servants which may constitute administrative responsibilities, for which these, the dependencies or entities shall be provide the information and documentation required for them.

The Secretariat or the internal comptroller will be able to verify compliance with the obligations of the public servants through specific verification operations, in (a) those who, where appropriate, participate in the event of a meeting of the requirements established by the

.

ARTICLE 21.- The Secretariat, the internal comptroller or the holder of the area of responsibility shall impose the administrative penalties referred to in this Chapter using the following procedure:

I.- Will subpoena the alleged person responsible to a hearing, notifying him that he will be required to appear personally to render his statement around the facts imputed and which may be a cause of liability under the terms of the Act, and other applicable provisions.

The place, day and time when the hearing is to be verified shall be expressed in the notification; the authority to which the hearing shall take place; the acts or omissions to be charged to the public servant and the right of the public servant to appear assisted by a human rights defender.

Made the notification, if the public servant ceases to appear without justified cause, the acts or omissions that are imputed to him will be taken for certain.

The notification referred to in this section shall be carried out on a personal basis to the alleged person responsible.

Between the date of the summons and the date of the hearing must be within a period of not less than five or more than 15 working days;

II.- The hearing shall be concluded, the alleged person shall be granted a period of five working days to provide the evidence which he considers relevant and which is related to the facts which are given to him. attribute;

III.- Undrowned the evidence that is admitted, the Secretariat, the internal comptroller or the holder of the area of responsibilities shall resolve within forty-five working days of the absence liability or impose on the infringer the relevant administrative penalties and notify the offender of the decision within a period not exceeding 10 working days. Such a decision shall, where appropriate, be notified for the purposes of its execution to the immediate boss or to the holder of the unit or entity, as appropriate, within a period not exceeding 10 working days.

The Secretariat, the internal controller or the holder of the area of responsibility may extend the time limit for the adoption of the resolution referred to in the preceding paragraph, for the only time up to forty-five days When there is justified cause for judgement by the authorities themselves;

IV.- During the substantiation of the procedure the Secretariat, the internal comptroller or the holder of the area of responsibilities, will be able to practice all the diligent actions to investigate the alleged the responsibility of the public servant reported, as well as requiring this and the agencies or entities involved the information and documentation to be related to the alleged responsibility, being obliged to provide them in a way appropriate.

If authorities find that they do not have sufficient elements to resolve or warn of data or information involving new administrative responsibility in charge of the alleged person or others public servants, may have the practice of other proceedings or to cite other hearings or hearings; and

V.- Prior or later to the summons to the presumed responsible, the Secretariat, the internal comptroller or the holder of the area of responsibilities may determine the temporary suspension of his employment, position or (i) the Commission's position on the Commission's proposal for a directive on the conduct of research. The temporary suspension does not prejudge the liability to be charged. The determination of the Secretariat, the internal comptroller or the holder of the area of responsibility shall expressly state this proviso.

The temporary suspension referred to in the preceding paragraph shall suspend the effects of the act which gave rise to the occupation of employment, office or commission, and shall govern from the time when the data subject is notified.

The suspension shall cease when the Secretariat, the internal controller or the holder of the area of responsibility is resolved, regardless of the initiation or continuation of the procedure referred to in this Article in relation to the alleged liability of the public servant. In all cases, the suspension shall cease when the decision is made in the relevant procedure.

On the assumption that the public server temporarily suspended will not be responsible for the facts attributed to it, the dependency or entity where it provides its services will restore you to the enjoyment of your rights and will cover you the perceptions you should have received during the time you were suspended.

The President of the Republic shall be authorized for such suspension if the appointment of the public servant concerned is incumbent upon the Chief Executive. Likewise, authorization from the Chamber of Senators, or in their case from the Permanent Commission, will be required if such appointment required ratification of that in the terms of the Political Constitution of the United Mexican States.

In case the Secretariat, by any mass media, broadcast the suspension of the public servant, and if the final resolution of the procedure is not liable, this circumstance shall be made public by the Secretariat itself.

ARTICLE 22.- In places where internal contralors or holders of the areas of complaints and responsibilities are not resident, the public servants of the dependencies or entities residing in such places shall practice the notifications or citations which are entrusted to them by written communication.

In such a communication the diligence of which the practice is requested must be expressly stated; the identification and location data of the respective public server, and the the time limit for which it is to be carried out, as well as accompanying documentation.

The failure to comply with the above by the public servants of the agencies or entities to whom the assistance referred to in this article is requested, will be the cause of administrative responsibility in the terms of the Law.

ARTICLE 23.- A detailed record of all the proceedings being carried out shall be lifted, with the obligation to subscribe to those who intervene in it, refuse to do so shall be settled in the minutes. They will also be warned of the penalties for those who lack the truth.

ARTICLE 24.- The resolutions and agreements of the Secretariat, the internal comptroller or the holder of the area of responsibility during the procedure to which This Chapter shall contain in writing. The penalties imposed shall be laid down in the register referred to in Article 40 of the Act.

ARTICLE 25.- The public servants who are responsible in the terms of the administrative resolutions that are dictated in accordance with the provisions of the Law, may choose to bring the action for revocation or challenge them directly before the Federal Court of Justice and Administrative Justice.

The decisions that are made in the appeal of revocation will also be impeachable before the Federal Court of Justice and Administrative Justice.

ARTICLE 26.- The revocation remedy shall be filed with the authority itself that issued the resolution within 15 working days of the date on which it was issued. that the respective notification takes effect.

The processing of the resource will be subject to the following rules:

I.- It will be initiated by writing in which the grievances will be expressed that the public servant will cause the resolution, as well as the offer of the tests that you consider necessary to render;

II.- The authority will agree on the admissibility of the appeal and the evidence offered, rejecting from the plan those that were not suitable to distort the facts on which the resolution is based, and

III.- Undrowned the evidence, if any, the authority shall issue a resolution within thirty working days, notifying the person concerned in a No longer than seventy-two hours.

ARTICLE 27.- The interposition of the resource will suspend the execution of the recursion resolution, if requested by the promote, according to these rules:

I.- In the case of economic sanctions, if the payment of these penalties is guaranteed in terms of the Tax Code of the Federation, and

II.- In the case of other sanctions, the suspension shall be granted if the following requirements are met:

a) The resource is supported;

b) That the execution of the contested decision will result in damages of difficult repair against the appellant, and

c) That the suspension does not result in the consummation or continuation of acts or omissions involving damages to the social interest or the service public.

ARTICLE 28.- In the judgments before the Federal Court of Justice and Administrative Justice, in which the administrative decisions given in accordance with the law, the final judgments in order to have the effect of revoking, confirming or amending the contested decision. In the event of revocation or of the modification so arranged, the unit or entity in which the public servant provides or has provided its services shall be ordered to return it to the enjoyment of the rights that it would have been deprived by the enforcement of the contested sanctions, in the terms of the respective judgment, without prejudice to other laws.

Except for the previous paragraph, the Agents of the Public Ministry, official experts and members of the police institutions of the Federation; cases in which the the authority shall be obliged only to pay the compensation and other benefits to which it is entitled, without in any event the reinstatement of the service, in accordance with the terms of Article 123 (B) (XIII) Constitutional.

The Federal Court of Justice and Administrative Justice may grant the suspension in compliance with the requirements referred to in the previous article.

The suspension of the execution of the administrative decisions that are contested by the interposition of the appeal or before the Federal Court of Justice shall not proceed Fiscal and Administrative, in the case of serious infringements or recidivism cases.

ARTICLE 29.- The decisions that the Federal Court of Justice and Administrative Justice will make may be challenged by the Secretariat, the internal comptroller or the holder of the responsibilities area, as appropriate.

ARTICLE 30.- The execution of the administrative sanctions will be carried out immediately, once they are imposed by the Secretariat, the internal comptroller or the holder of the area of responsibilities, and as provided for in the respective resolution.

Dealing with the base public servants, the suspension and removal will be executed by the holder of the corresponding unit or entity, according to the grounds for suspension, termination of the post or termination of the working relationship and in accordance with the procedures laid down in the applicable legislation.

The economic sanctions imposed will constitute tax credits in favor of the Federal Erarium, they will be made effective through the administrative procedure of execution, they shall be prefixed for such claims and shall be subject to the applicable tax provisions.

ARTICLE 31.- If the alleged responsible public server confesses its responsibility for the breach of the obligations referred to in the Law, The Commission shall immediately make a decision, unless the person who knows about the procedure has the evidence to prove that the confession is true. If the full probative validity of the confession is accepted, two-thirds of the applicable sanction shall be imposed on the public servant, if it is of an economic nature, but in respect of compensation, it shall in any event be sufficient to cover the damage or damage caused, and any goods or products which would have been perceived as a result of the infringement must always be restored. It will be the judgment of the person who resolves to have the suspension, removal or disablement.

ARTICLE 32.- For the fulfillment of the privileges conferred upon them by the Law, the Secretariat, the internal comptroller or the owners of the audit areas, complaints and responsibilities, may use the following means of award:

I.- Multa of up to twenty times the current daily minimum wage in the Federal District, and

II.- Auxiliary of the public force.

If there is resistance to the legitimate command of authority, then criminal legislation will be prevented.

ARTICLE 33.- (Repeals).

ARTICLE 34.- The powers of the Secretariat, the internal comptroller or the head of the area of responsibilities, to impose the sanctions that the Law provides for they shall be prescribed in three years from the day following the day of the offence, or from the moment they have ceased, if they are of a continuous nature.

In the case of serious infringements, the limitation period shall be five years, which shall be counted in the terms of the preceding paragraph.

The prescription will be interrupted at the beginning of the procedures provided for by the Law. If they cease to act on them, the prescription shall begin to run again from the day following the day on which the last procedural act or the last promotion was carried out.

(Last paragraph is repealed).

THIRD TITLE

ONLY CHAPTER

Public Server Heritage Record

ARTICLE 35.- The Secretariat will keep track of the evolution of the patrimonial situation of the public servants of the agencies and entities, as well as the authorities referred to in Article 3 (IV) and (V), in the terms of the Law and other applicable provisions.

The privileges conferred on the Secretariat by this Title are conferred on the authorities to refer to the fractions I, II and VI to X of Article 3, in the field of their respective powers, in accordance with the Law and other applicable provisions.

For the purposes of the preceding paragraph, the authorities referred to in their own legislation shall determine the bodies responsible for exercising those powers, as the systems that are required for such purpose.

ARTICLE 36.- They have an obligation to submit statements of a patrimonial status to the competent authority in accordance with the provisions of Article 35, protest to tell the truth, in the terms that the Law points out:

I.- In the Congress of the Union: Deputies and Senators, Secretaries-General, Treasurer and Directors of the Chambers;

II.- In the Centralized Federal Public Administration: All public servants, from the level of head of department or counterpart to that of the President of the Republic, and those provided for in fractions IV, VII and XIII of this Article;

III.- In the Federal Public Administration Parastate: All public servants, from the level of head of department or counterpart, or equivalent to that of the public servants required to declare in the Federal Executive Branch up to that of Director General or equivalent;

IV.- In the Attorney General's Office: All public servants, from the level of head of department or counterpart to that of the Attorney General, including agents of the Public Ministry, Peritos and members of the Judicial Police;

V.- In the Judiciary of the Federation: Ministers of the Supreme Court of Justice the Nation, Federal Judicature Directors, Circuit Magistrates, Electoral Magistrates, District Judges, Secretaries and actuaries of any category or designation;

VI.- In the Federal Court of Justice and Administration, and in the courts of Labour and agriculture: Magistrates, board members, secretaries, actuaries or their equivalents;

VII.- At the Secretariat: All public trust servers;

VIII.- At the Federal Institute Electoral: All public servants, from the level of head of department or counterpart to that of the President.

IX.- In the Federation's Top Audit: All public servants, from the level of department head or counterpart up to that of the Federation's Senior Auditor;

X.- On the National Human Rights Commission: All public servants from the level of head of department or counterpart up to that of the President of the Commission;

XI.- In other courts and institutions that determine the laws: All public servants, from the level of head of department or counterpart to that of the holders of those;

XII.- All public servers that handle or apply economic resources, values, and (a) carry out inspection or surveillance activities; carry out qualification or determination functions for the issue of licences, permits or concessions, and those involved in the award of orders or contracts;

XIII.- At the Security Secretariat Public: All public servants, from the level of head of department or counterpart to the Secretary of Public Security, including all members of the Federal Preventive Police;

XIV.- At the Bank of Mexico: All public servants, from the head level of Department or counterpart in the Federal Public Administration Centralized to that of Governor;

XV.- At the Federal Institute of Telecommunications: All public servants, from the level of department head or counterpart in the Federal Public Administration Centralized to the Commissioners, and

XVI.- In the Federal Economic Competition Commission: All public servants, from the level of department head or counterpart in the Federal Public Administration Centralized to the Commissioners.

You must also present the declarations referred to in this article, the other public servants of the agencies, entities and, of the authorities to which you refer to sections IV and V of Article 3 of the Law, as determined by the Secretary, by means of general provisions duly substantiated and substantiated.

ARTICLE 37.- The declaration of patrimonial status must be presented in the following terms:

I.- Initial statement, within sixty calendar days following the inauguration on the occasion of:

a) Income to the public service for the first time;

b) Reentry to the public service after sixty calendar days of the completion of their last assignment;

c) Change of dependency or entity, in which case the shutdown will not be presented.

II.- Statement of completion of the order, within sixty calendar days following the conclusion, and

III.- Statement of patrimonial modification, during the month of May of each year.

The Secretariat may ask the public servants for a copy of the income tax return for the year concerned, if they are obliged to to make it or, where appropriate, the constancy of perceptions and discounts issued by the agencies or entities, which shall be forwarded within three working days of the date on which the application is received.

If the time limit referred to in fraction I has elapsed, the corresponding declaration, without justified cause, shall not have been lodged, shall be suspended from the infringer of his employment, position or commission for a period of fifteen to thirty calendar days.

In case the omission in the declaration continues for a period of thirty calendar days following the date on which the public servant was suspended, the The Secretariat shall declare that the appointment or contract has been rendered without effect, and shall notify the holder of the relevant unit or entity for the purposes. The same shall apply when the declaration referred to in the third subparagraph is omitted.

Failure to comply with the foregoing paragraph, by the holder of the unit or entity, shall be the cause of administrative liability in the terms of Law.

For the case of omission, without justified cause, in the filing of the declaration referred to in fraction II, the infringer shall be disabled from 6 months to one year.

In the imposition of the sanctions referred to in this article, the administrative procedure provided for in Article 21 of the Law shall be substantiated.

The public servant who in his declaration of patrimonial situation will deliberately miss the truth in relation to what is mandatory to manifest in terms of the Law, after substantiation of the procedure referred to in Article 21, shall be suspended from his employment, position or commission for a period not less than three days and not more than three months, and when, because of its importance, he is dismissed and disallowed from one to five years, without prejudice to the reporting by the Secretariat to the Public Ministry for legal effects.

ARTICLE 38.- Statements of patrimonial status may be presented through printed formats; magnetic media in print or media format remote electronic communication, employing in the latter case means of electronic identification.

The Secretariat shall be responsible for the system of certification of the electronic identification means used by public servants, and shall carry the control of such means. means.

The Secretariat will also issue the printed rules and formats; magnetic and electronic media, under which public servants must present the statements of a patrimonial situation, as well as the manuals and instructions indicating what is mandatory to declare. Similarly, it may determine that the submission of declarations by remote electronic communication means is mandatory for the public servants or categories to be determined by them.

For the purposes of the criminal proceedings arising from the application of the provisions of this Title, it is public documents which issue the Secretariat to be presented as a means of proof, in which information is contained in its documentary and electronic files on the declarations of patrimonial situation of the public servants.

ARTICLE 39.- In the initial and concluding statements of the order, the real estate shall be manifested, with the date and value of the acquisition.

In the declarations of patrimonial modification only the modifications to the patrimony will be manifested, with date and value of acquisition. In any case, the means by which the acquisition was made shall be indicated.

Dealing with movable property, the Secretariat shall determine the characteristics of the declaration.

ARTICLE 40.- The Secretariat will carry a record of public servants, which will have the public character.

In the register, the curricular data of the public servants required to present a declaration of a patrimonial situation, their functions, income and recognition of their assets, posts or commissions; information relating to their assets, in respect of their last year's income, movable and immovable property, financial investments and debits, as well as in their case the Administrative procedures introduced, sanctions imposed on those and, where applicable, the resolutions for which the latter are left without effect.

The disclosure of the information regarding the estate situation will be made as long as the prior and specific authorization of the public servant of the in question.

The Secretariat shall issue the rules for the operation of the registration and the constances of sanctions, in any case the disablement, as well as the non-existence of these penalties, which provide evidence of the specific situation of persons who, where appropriate, require them.

The dependencies and entities will invariably obtain the constancy of not disqualification of those who intend to enter the public service, prior to the appointment or (i) Such constances may be obtained from the electronic system established by the Secretariat.

Information relating to the assets situation will be available for up to three years after the public servant concludes his employment, position or commission.

The information related to the statements of the public status of the public servants, will have evidentiary value when requested to the Secretariat the Public Ministry or the judicial authority, in the exercise of their respective powers, the public servant concerned or when the Secretariat itself so requires in connection with the substantiation of administrative procedures of responsibilities.

ARTICLE 41.- The Secretariat may carry out investigations or audits to verify the evolution of the public servant's heritage.

When there are sufficient elements or data to assume that the assets of a public servant are significantly higher than the lawful income that they may have, the Secretariat, by establishing and motivating its agreement, may cite it to express what is at its right, in the terms of the following Article.

ARTICLE 42.- You will personally quote the public servant and you will be made aware of the facts that motivate the investigation, pointing out the incongruities detected in respect of the assets belonging to its assets, so that within 30 working days from receipt of the summons, the Secretariat shall make the relevant clarifications to the Secretariat and issue its resolution within 15 days. The following business days.

When it is not possible to deliver the summons, or when the public servant or the person with whom the notification is understood will refuse to sign received, the The notifier shall record that fact in a record which shall be raised by two witnesses, without affecting the probative value of this document.

Against the practice of the respective notification, the public servant may be unable to comply with the Secretariat, in writing that it must present within ten days (a) the following shall be made available to the Commission and shall have an equal period of time to provide the evidence as appropriate.

Once the evidence admitted has been drowned, if any, the Secretariat shall have a period of ten working days to issue its resolution.

The faculty of the Secretariat to carry out the investigations or audits referred to in the previous article, shall remain for all the time in which the public servant carry out his employment, job or commission, and up to three years after he has completed it.

ARTICLE 43.- Dependencies, entities and public institutions will be required to provide the Secretariat, the tax, real estate or any other type, related to public servants, their spouses, concubines or concubinals and direct economic dependents, in order to ensure that the authority verifies the evolution of the assets of those.

Only the holder of the Secretariat or the Subsecretaries thereof, in terms of the preceding paragraph, may request the National Banking and Securities Commission to banking information.

ARTICLE 44.- For the purposes of Law and Criminal Law, they shall be computed among the goods acquired by the public servants or in respect of which they are carried out as owners, those who receive or have their spouse, concubine or concubinaire and their direct economic dependents, unless it is established that they have obtained them by themselves and for reasons other than the public servant.

ARTICLE 45.- When the public servants receive, from the same person, some good or donation in the terms of the XII fraction of Article 8 of the Law, which a value accumulated for one year exceeds ten times the daily minimum daily wage in the Federal District at the time of receipt, shall inform the Federal District within a period of no more than 15 working days of the authority that the Secretariat determines at last to put them at their disposal. The relevant authority shall keep a record of those goods.

ARTICLE 46.- The Secretariat shall make declarations to the Public Ministry, where appropriate, when the subject to the verification of the evolution of his or her estate does not justify the the lawful origin of the substantial increase of the person, represented by his assets, those of the persons referred to in Article 43 of the Law, and those on which he or she is held as owner, during the time of his or her order or for reasons thereof.

For the purposes of this provision, the Assistant Secretary of the Public Ministry will be considered in the respective criminal proceedings.

ARTICLE 47.- In all matters relating to the procedure not provided for in the Second and Third Titles of the Law, as well as in the assessment of the evidence, the provisions of the Federal Code of Civil Procedures shall be observed.

TITLE FOURTH

ONLY CHAPTER

Of preventive actions to ensure the proper exercise of the public service

ARTICLE 48.- To ensure compliance with the principles and obligations that the Law imposes on public servants, it will be the responsibility of the dependencies and entities, considering the functions that each one of them correspond to and previous diagnosis that to the effect, establish permanent actions to delimit the behaviors that in specific situations will have to observe these in the performance of their jobs, positions or commissions. Such diagnosis shall be updated in accordance with the results of the assessment referred to in Article 50 of the Law.

In the establishment of the actions referred to the agencies and entities, they must address the general guidelines issued by the Secretariat.

ARTICLE 49.- The Secretariat, subject to the provisions of Article 48 of the Law, will issue a Code of Ethics that will contain clear rules for the action to be taken. the public servants, it invariably prevails a dignified conduct that responds to the needs of the society and that orient its performance in specific situations that are presented to them, thus propitiating a full vocation of public service in benefit of the collectivity.

The Code of Ethics referred to in the preceding paragraph shall be made known to the public servants of the dependency or entity concerned.

ARTICLE 50.- Dependencies and entities shall annually evaluate the outcome of the specific actions they have established under this Chapter, and carry out, where appropriate, any changes resulting from them, by informing the Secretariat of such changes as set out in the above.

ARTICLE 51.- Dependencies and entities should promote the participation of the social and private sectors, as well as in their case, of state governments and In the case of the diagnosis referred to in Article 48 of the Law, and in the assessment of the actions to be determined by the latter, the municipal authorities shall determine, in order to ensure the prevention of improper conduct on the part of the public.

TRANSIENT

Article First.- This Law will take effect the day after its publication in the Official Journal of the Federation.

Article Second.- The First Titles are repealed, as far as the matter of administrative responsibilities, Third and Fourth of the Federal Law of Responsibilities of the Public Servants, only as far as the federal scope is concerned.

The provisions of the Federal Law on Public Servants ' Responsibilities will continue to apply to the public servants of the executive organs, local legislative and judicial district of the Federal District.

Article Third.- With the proviso referred to by the preceding transient, all federal provisions that oppose the provisions of this Article shall be repealed. the present order.

Article 4.- The authorities referred to in Article 3 of this Law, which do not have the organs and systems provided for in Articles 11 and 35, shall have for the establishment of a time limit which shall not exceed 60 calendar days from the date of entry into force of this order, for which it shall make adjustments to its internal regulations, organisation manuals or equivalent provisions.

Article Fifth.- The public servants who are required to present statements of patrimonial status in the terms of this legal order and who have not been (a) to submit them in accordance with the law which is to be repealed, they shall have for the sole time a period of 60 calendar days to submit the declaration referred to in Article 37 (1) of this Law, which shall be counted from the day following that of the conclude the deadline set out in the preceding transitional period.

Article Sixth.- The procedures followed by federal public servants that are pending or pending resolution to the effective date of entry into force This Law, as well as its substantive resolutions, shall be substantiated and concluded in accordance with the provisions in force at the time of such proceedings.

The provisions of the Federal Law of Responsibilities of the Public Servants in force until the entry into force of this Law will continue to apply performed during its lifetime.

Article Seventh.- In order to update the wealth information of the public servants with which the Secretariat of Comptroller and Development counts Administrative, in the declaration of the patrimonial modification to be presented in May 2002, for the only time, the public servants will have to provide the information that is indicated in the format that to the effect it will issue such Dependence, which must be made known in a timely manner.

Article Eighth.- The Secretariat shall issue, within a period of not more than one hundred and twenty working days, counted from the entry into force of this order, the Code of Ethics, in terms of the provisions of Article 49 of the Law.

Article Ninth.- The entries in other laws, regulations and other legal or administrative provisions of a federal nature are made of the Federal Law of Responsibilities of the Public Servants or in particular any of its precepts, shall be construed as referring to this Law or to the articles of this legal order whose content coincides with those of the Law that is repealed, with the exception that establishes in the second transient of this Law.

ARTICLE SECOND.- ..........

ARTICLE THIRD.- ..........

TRANSIENT

Article First.- This Decree shall enter into force the day after its publication in the Official Journal of the Federation.

Article Second.- All provisions that object to the provisions of this order are repealed.

Article Third.- In connection with the reform referred to in the third article of this Decree, the matters relating to the responsibilities administrative, civil and criminal proceedings in which the local or municipal authorities have been engaged, on the basis of the deviation of the federal resources received and which are pending or pending resolution, shall be substantiated in accordance with with the provisions in force at the time the irregularity was committed.

Mexico, D.F., at December 15, 2001.-Dip. Beatriz Elena Paredes Rangel, President. -Sen. Diego Fernandez de Cevallos Ramos, President.-Dip. Adrian Rivera Perez, Secretary.-Sen. Maria Lucero Saldana Perez, Secretary.-Rubicas".

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at the twelve days of March of two thousand two.- Vicente Fox Quesada.-Rubrica.-The Secretary of the Interior, Santiago Creel Miranda.-Heading.