Law 6/1996, of 15 January, of the Volunteering, in its explanatory statement contemplates, as an obligation of the State, to recognize, to promote and to promote effectively the voluntary action in its various modalities and in Title IV of the The text sets out a series of measures to support voluntary work aimed at increasing the level of social implementation.

One of the most important measures is the recognition of voluntary services for the purpose of social provision, as laid down in Article 15 of the legal framework, which provides for the possibility of total or part of the time provided as a volunteer, provided that the conditions laid down are fulfilled, for the duration of the replacement social benefit, and attributes this power to the National Council for the Objection of Conscience.

The time since the publication of the abovementioned Law 6/1996, without the full regulatory development being carried out, is sufficient reason to proceed with the drafting of a Regulation, such as the one which It is accompanied by at least the content of Article 15 of the Alluded Voluntary Act. In addition, given the multiplicity and diversity of cases presented for the recognition of voluntary services, it is necessary to provide the National Council with the Objection of Awareness of a legal instrument to facilitate its administrative work. and, at the same time, serve as a guarantee for those administered in compliance with the mandate laid down in Article 103 of the Constitution.

Furthermore, in order to avoid mismatches and discrepancies that may arise with this reason, it is necessary to adapt the existing regulatory regulations on the social provision to the content of the new Regulation. In addition, the experience acquired in the application of the current Regulation on the Objection of Conscience and the Social Replacement Provision, approved by Royal Decree 266/1995 of 24 February, advises to introduce a minimum amendment to its content in order to make more efficient and more effective management of the number of young people who are seeking recognition of the condition of conscientious objector. This objective of coordination and this principle of economy, in the absence of any other new provision, are the reasons for the incorporation, in this text, of the amendments to the aforementioned Regulation currently in force.

Thus, this Royal Decree consists of an article, a transitional provision and six final provisions. The Single Article approves the Regulation on the validation of voluntary services for the purposes of the replacement social provision which, in turn, contains five articles. The first one picks up the competition on the recognition of voluntary services. Article 2 provides for the requirements of voluntary activities for which time is to be validated, the minimum duration required and their weighting, the entities and their conditions, and the effects of the services carried out in the circumstances. foreseeable. The third contains the development of the procedure. It starts with the application and sets out the formal requirements of the application, the time of its presentation and the documentation to be provided. Article 4 regulates the decision of the Council, the time limit and the effects of the time without resolving. Finally, Article 5 determines the obligation to communicate to the General Subdirectorate of the Office for the Social Provision of the Objectors of Conscience the resolutions of validation.

Finally, the Royal Decree incorporates a series of amendments to the Regulation of the Objection of Conscience and of the Social Substitute Prstation, approved by Royal Decree 266/1995, of 24 February. In particular, the final provisions are six, including that of their entry into force.

In its virtue, on the proposal of the Minister of Justice, with the approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of July 24, 1997,

D I S P O N G O:

Single item.

The Regulation on the validation of voluntary services for the purposes of the replacement social provision is adopted.

Single transient arrangement.

This Regulation will apply to all ongoing procedures. However, the procedures already completed, in accordance with the previous legislation, will retain their validity.

Final disposition first.

Article 22 of the Regulation of the Objection of Consciousness and of the Social Substitute Prstation, approved by Royal Decree 266/1995, of 24 February, will have the following wording:

" Article 22. Exemption and validation.

1. The objectors may benefit from the exemption from the social benefit provided for in international conventions, on the basis of an application based on the appointment of the Convention in question and supplemented by evidence of compliance with the corresponding requirements.

2. The social benefit will be fulfilled:

A) To Spaniards who, having remained abroad, are engaged in the mutual validity of the military service or the replacement civil service, recognized in international conventions, or have provided them in another country by inexcusable imperative of their legislation.

B) To those who acquire or have acquired Spanish nationality, provided that they have complied in the country of origin, or are exempt or not subject to the mandatory compliance of the military service or the replacement civil service.

(C) To objectors who have served as voluntary service, provided that their duration is equal to or greater than that of the period of activity of the social service and have obtained recognition in accordance with the procedure established.

3. Applications for exemption and validation under this Article shall be settled by the Director-General for the Objection of Conscience, with the exception of those submitted for the validation of voluntary services which shall be the responsibility of the Council. National of Objection of Consciousness. "

Final disposition second.

Article 23 of the Regulation of the Objection of Consciousness and of the Social Substitute Prstation, approved by Royal Decree 266/1995, of 24 February, will have the following wording:

" Article 23. Classes of deferrals.

1. Provision should be made for deferrals of the benefit in the following cases:

a) By carryovers.

b) By the preference expressed by the objector to delay its incorporation.

(c) For illness or physical or mental limitation, the effects of which require examination after the date laid down for incorporation or may be extended after that date, in accordance with Article 42.

d) For serving time of imprisonment or being subject to legal measures incompatible with the performance of the social benefit.

e) For complying with military service or social benefit a brother of the objector.

f) For the purpose of carrying out voluntary services in accordance with the provisions of Law 6/1996 of 15 January 1996 on Volunteering. "

Final disposition third.

It is introduced in the Regulation of the Objection of Consciousness and of the Social Replacement, approved by Royal Decree 266/1995, of February 24, a new article with the number 44a:

" Article 44a. Deferral for the provision of voluntary services.

1. Conscientious objectors who are providing voluntary services in one of the entities or organisations referred to in Article 15 and the third provision of Law 6/1996 of 15 January of the Voluntary Service may request deferral of incorporation into the performance of the social benefit, until the year in which they are twenty-seven years old, for periods of six months and up to a maximum of two years.

2. For their initial concession, it will be necessary to have carried out in the two months immediately preceding the application, at least one hundred and sixty hours of voluntary service provision.

3. The renewal of the deferral will require proof, on the part of the objector, that it has provided services, during the semester enjoyed, for a period of not less than four hundred hours.

4. For the purposes of this article, the provision of voluntary services will be credited by providing the certifications required for the validation of voluntary services by the National Council for the Objection of Consciousness.

5. The objectors who would have enjoyed the maximum time of this postponement and request the National Council for the Objection of Conscience the validation of voluntary services will not be able to be incorporated into the realization of the social benefit in so much Council does not rule on its request. '

Final disposition fourth.

Article 50 of the Regulation of the Objection of Consciousness and of the Social Replacement, approved by Royal Decree 266/1995, of 24 February, will have the following wording:

" Article 50. Arrangements for the implementation of the social provision.

1. The situation of activity, consisting in the performance of the social benefit, shall begin on the day on which the objector carries out the act of incorporation and shall end when he obtains the discharge from the reserve or exemption from the social benefit.

2. The social provision will be made in the sectors of activity determined in accordance with Article 6 of Law 48/1984.

3. The duration of the activity shall be thirteen months.

4. The previous period of compliance with the military service by objectors who submitted their application for objection prior to their entry into the ranks shall be computed in proportion to the duration of the replacement social benefit.

5. The task of carrying out the tasks entrusted to the conscientious objectors will not in any case involve the existence of a working relationship.

6. The implementation of the social provision shall be continued, unless, by the nature of the programmes or the needs of the services, the Directorate-General for the Objection of Awareness authorizes its division into two periods. Exceptionally, the situation of activity may be suspended due to extraordinary circumstances that have occurred during the event, which are the determinants of serious injury, which are temporarily avoidable with suspension and which may complete the period of activity.

7. The suspension of the activity, at the request of the objector, shall be for a maximum of two years and shall be granted by the Secretary of State for Justice. '

Final disposition fifth.

The Minister of Justice is empowered to issue the Orders and to adopt the necessary measures for the implementation and development of this Royal Decree and of the Regulation that is adopted.

Final disposition sixth.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Palma de Mallorca to 24 July 1997.

JOHN CARLOS R.

The Minister of Justice,

GANTE AND MIRON MARISCAL MARGARITA

REGULATION ON VALIDATION OF VOLUNTARY SERVICES FOR THE PURPOSES OF REPLACEMENT SOCIAL PROVISION

Article 1. Competent body.

The National Council for the Objection of Consciousness is the body responsible for the total or partial validation of the time provided as a volunteer, for the duration of the corresponding replacement social benefit in proportion, provided that the requirements are met and in accordance with the procedure laid down in this Regulation.

Article 2. Conditions for validation.

1. Voluntary activities which are intended to be validated for the duration of the replacement social provision which correspond proportionately must have been carried out by the applicant in any event after the recognition of the his condition as a conscientious objector.

2. The provision of services as a volunteer must have been carried out for a continuous period of at least six months, in any event, from the recognition of the condition of objector. For these purposes

the monthly benefit time must not be less than thirty hours.

3. The voluntary services must have been developed in entities and organizations that, meeting the requirements of Article 8 of Law 6/1996, of January 15, of the Volunteering, have signed agreement with the Ministry of Justice for the performance of the replacement social benefit, in accordance with the terms laid down in Law 48/1984 of 26 December 1984 on the objection of conscience and the replacement of social benefits, and in its implementing regulation adopted by Royal Decree 266/1995 of 24 February, without the time for the provision of services to be validated volunteers prior to the signing of the corresponding or subsequent agreement to their completion.

The voluntary services developed within organisations meeting the requirements of Article 8 of Law 6/1996 of 15 January of the Voluntary Service will also be convalidable, provided that the provision of the has been involved in programmes which develop competition activities of the Autonomous Communities or local authorities. The voluntary services carried out within these organisations which have not been involved in the participation in the programmes shall not be valid.

4. Every one hundred and thirty-three hours of the provision of voluntary services accredited under the conditions laid down shall be validated for one month of replacement social benefit.

Article 3. Applications and documentation.

1. The application for the validation of voluntary services, signed by the person concerned, must be addressed to the National Council for the Objection of Conscience and may be submitted to the Registry of the Ministry of Justice or to any of the offices mentioned in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

2. The request must contain:

(a) The personal data of the applicant: Name, last name, date and place of birth, domicile, number of national identity card or passport and signature of the person concerned.

b) Expression of the date of the decision of the National Council for the Objection of Conscience by which its status as objector of conscience and the number of its file was recognized, and may accompany a copy of that resolution recognition.

c) Expression of the services provided as a volunteer as well as the dates on which they were made and time of dedication, entity or entities where they were provided with indication of whether or not they had an agreement with the Ministry of Justice for the performance of the social benefit replacement of the conscientious objectors, the activity sector of the entity or entities and the situation of the applicant with respect to the replacement social benefit.

d) Request for recognition of voluntary services provided for the purposes of the replacement social benefit to be performed.

3. The application, which may not be submitted before six months after the recognition of the condition of conscientious objector has elapsed, shall be accompanied by the following documents:

(a) Certificate of the entity or entities in which the volunteering has been carried out, issued by the Secretary with the approval of the President, who must express the following contents and data:

1.o Identification of the entity.

2.o That the entity is legally constituted and endowed with its own legal personality, which is not for profit and develops programs with volunteers in the terms and form provided for in Articles 3 and 4 of Law 6/1996, January 15, from the Volunteer.

3.o That the entity has subscribed to the insurance policy referred to in article 8.2.b) of Law 6/1996, of January 15, of the Volunteering, indicating number of policy and insurance company, as well as that it carries the registration of high and the voluntary staff referred to in Article 8.2.i) of the same Act.

4.o That the objector of the validation, duly identified, has or has had the condition of voluntary in the entity and that the development of its activities has been adjusted to the provisions of article 3.1 of the Law 6/1996, of 15 January, of the Volunteering.

5.o Dates of commencement and termination, where appropriate, of the activities and description of the tasks performed, and the number of total hours should be detailed.

(b) Where voluntary services referred to in the second paragraph of Article 2.3 of this Regulation are intended to be validated, the competent authority of the Community shall also be certified as Autonomous or local entity responsible for the programmes referred to in the third additional provision of Law 6/1996 of 15 January 1996 on Volunteering and Article 2.3 of this Regulation, in which the following data shall be expressed:

1 Nature, duration and content of the programme concerned.

2.o Participation that in the program has or has had the entity where the applicant lends or has provided its voluntary services.

3.o Participation that in the program has had the applicant for validation of voluntary services, indicating activity developed and number of total hours.

4.o Agreement or agreement concluded between the specified entity and the Autonomous Community or local entity for the development of the programs referred to.

4. The National Council for the Objection of Consciousness when it considers incomplete the certificates provided may require the applicant to properly complete them by saving the gaps, inaccuracies or obscure points that they may suffer, according to the Article 71 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 4. Deadline and content of the resolution.

1. The National Council for the Objection of Conscience shall decide on the provenance or the origin of the validation requested and whether it should be total or partial, in accordance with the certifications provided. The decision to terminate the administrative route and against it may be brought before the Administrative Court in accordance with the provisions of Article 58 of the Regulatory Law of the Administrative Court of Justice of 27 December 1956.

2. The deadline for resolving the validation applications shall be three months. After that period has elapsed without a resolution, the application shall be deemed to be estimated.

Article 5. Data remission.

The Secretariat of the National Council for the Objection of Conscience shall communicate to the General Subdirectorate of the Office for the Social Security of the Objeres of Conscience the resolutions passed on the validation of services volunteers for the relevant purposes.