The present monographic work of the Administrative Law course as a Public Management Tool, deals with how the Public Administrative Functions are given in the CSJ De Huánuco body, which body or person-body exercises them, whose competence and powers are; to finally come to conclusions and recommendations for own improvements.
Its development has been possible thanks to the face-to-face classes of the teacher, and the bibliographic material delivered, so that in this monographic work, bibliographic references will not be presented.
On the other hand, it is explained that, for the development of the present and its better understanding, the terminology used in classes has been used, highlighting the text in red; In addition, the part on how the administrative function is exercised in the CSJ Huánuco has been colored blue.
With this work, an attempt has been made to contribute to the Administrative Law of the organisms, organs and person-organ to which reference has been made, thanking the teacher for the opportunity to elaborate it.
BASIC INFORMATION OF THE SUPERIOR COURT OF JUSTICE OF HUÁNUCO
to. Autonomous body of the Republic
Power of attorney. In his functional exercise he is autonomous in the political, administrative, economic, disciplinary and independent areas.
b. Organic functional structure of the Judiciary
c. Public function
The Judicial Power is the Power of the State that, according to the Political Constitution, exercises the power to administer justice, which emanates from the people, and exercises it through its hierarchical organs in accordance with the Constitution and the laws.
d. Organs of the Judiciary
Among others, the Superior Courts of Justice, among which is the Superior Court of Justice of Huánuco.
and. Strategic: mission, vision and strategic objectives
The Judiciary has an Institutional Development Plan approved by Administrative Resolution No. 338-2008-CE-PJ of December 31, 2008, modified by Administrative Resolution No. 182-2011-CE-PJ of July 6, 2011, with scope from 2009 to 2018, and contains its mission, vision, strategies and general objectives.
- Superior Court of Justice of Huánuco.
Maximum judicial body of justice of the Judicial district of Huánuco.
Executing Unit through Administrative Resolution No. 114-2012CE-PJ of June 20, 2012, from fiscal year 2013.
i. CSJ organization of Huánuco
The CSJ of Huánuco, administers justice through its jurisdictional organs, in accordance with the Constitution and the laws, guaranteeing legal security and jurisdictional protection, to contribute to the rule of law, the maintenance of social peace and national development.
ii. Public function
It fulfills the function of administering justice on behalf of the Nation through the Specialized or Mixed Chambers, Specialized or Mixed Courts, Legal Courts of Justice and Courts of Peace. Its powers and functions extend within the territory of the Huánuco Judicial District.
iii. Strategic: mission, vision and strategic objectives
Aligned to the Judiciary
iv. Autonomy
- Policy.- It does not have that competence. Administrative.- Regulations, Administrative acts Internal administration acts, Public contracts, Material execution, Administrative fact. Economic.- Generates sources of income and allocates them to the Power Organism Manages economic resources assigned by the Judicial Power organism.
v. Organic structure
The judiciary body specified the act of internal administration called the Organization and Functions Regulations of the Superior Courts of Justice that operate as Executing Units; affecting the CSJ organ in Huánuco with the organization chart in Annex No. 1; but, in practice, the CSJ concretized its purposes of Power through administrative legal forms whose procedures were executed by bodies formed according to the organization chart.
There is no Institutional Control Body, and the Sub-body for Documentary Processing is unique and does not depend on the person-body District Administration Management.
ADMINISTRATIVE FUNCTIONS OF THE CSJ HUÁNUCO - PROBLEMS THAT ARISES
In the exercise of power in order to specify, the CSJ agency in Huánuco exercises the administrative function as it is a public administration through a set of state and non-state organs and person-organs that exercise the administrative function of power, the problem is who is competent to exercise and what.
Types of organs of the CSJ Huánuco organism:
Control Body.- Centralized in the General Management of the Judiciary.
Support Body.- Documentary Procedure, Institutional Image.
Management Body.- President of the Court, Manager of District Administration, Head of the Administration and Finance Unit, Head of the Planning and Development Unit, and Head of the Judicial Services Unit.
Advisory body.- Centralized in the General Management of the Judiciary.
Line Bodies.- Coordinators, area managers, Deputy Headquarters, administrative servers, notifiers.
Power of the CSJ Huánuco, for the purposes of exercising the administrative function.
Within the principle of State Unity, it belongs to the Judicial Power and is an organ of that organism.
Administrative decentralization.- Functional decentralization and organic decentralization, relative, limited.
Administrative Deconcentration.- Functional deconcentration and organic deconcentration; relative, limited.
Example: The Organization and Functions Regulations, the Internal Work Regulations, Procurement Directives of less than eight (8) ITU Directives for the Budget execution, Directives for the presentation of Financial Statements, among other legal administrative forms, specifies as administrative acts the Judicial Power organism.
Example: The Organization and Functions Manual is specified as acts of internal administration by the CSJ Huánuco body, which is part of the Judicial Branch.
ORGANIZATIONS OR GOVERNING BODIES OF THE PUBLIC ADMINISTRATIVE SYSTEMS AND COMPETENCE IN THE CSJ HUÁNUCO.
Governing Body Comptroller.- For the operation of the System of Sworn Statements in a public body, declares the following: "" User Manual Sworn Statements ", The OGA Chief is the role that has the highest authority in the entity.
Competition:
Governing body National Directorate of Public Budget - DNPP.- For the operation of the National Public Budget System, it refers to the body: Executing Unit, the person-body Director General of Administration or whoever acts as its representative, and the body Budget Office or dependency.
Competition:
Governing Body Superintendency of State Assets - SBN.- For the operation of the National System of State Assets, it refers to the person-Titular organ of the General Office of Administration, or whoever takes its place.
Competition.
Supervisory Agency for State Procurement - OSCE.- For the operation of the National Supply System, it refers to organs and / or persons, according to the following:
Article 56.- Nullity of the acts derived from the contracting processes (…) The Head of the Entity declares ex officio the nullity of the selection process (…).
Competition
Article 137 °.- Obligation to contract (…). The refusal to do it based on other reasons, generates functional responsibility in the Head of the Entity, in the person in charge of Administration or Logistics or whoever acts as appropriate.
Competition
Responsibilities of the officials of the Contracting Entities The Head of the Entity, or whoever takes his place, will be responsible for arranging the initiation of the pertinent actions, (…).
Competition
SPECIFIC PROVISIONS. 1.1. In the programming and formulation phase of the Institutional Budget (…) For the financing of the needs, the body in charge of contracting must send to the Entity's Budget Office or the one that substitutes for it, (…)
VI.4 The standardization of the goods or services to be contracted will be approved by the Head of the Entity, or by the official to whom he delegates said power, (…). Said approval must be made in writing by means of a resolution or instrument that substitutes for it, (…).
Competition:
Governing body CEPLAN.- For the operation of the National System of Strategic Planning, it refers to organs, subsystems and functional relationships.
Competition: The Commission organizes the Strategic and Operational Planning. It is also made up of the person-body Manager of District Administration (It should also be made up of the person-body Chief of Administration and Finance, Planning and Development and Judicial Services).
Governing body Secretariat of Public Management - SGP.- For the operation of the National Policy for Modernization of Public Management, it refers to those contemplated in Article I of the Preliminary Title of Law No. 27444.
Competition
Organism National Authority of the Civil Service - SERVIR.- For the operation of the Human Resources Management System, it refers to the human resources offices; also for the purposes of the Administrative Disciplinary Procedure - PAD refers to the person-body: server or former server, civil servant, competent authorities, immediate boss, competent sanctioning authorities, Technical Secretary, head of human resources, head of the entity, managers; and to the organs: investigating body, sanctioning body, legal advisory offices body.
Competition
Governing body General Directorate of Public Investment - DGIP.- For the operation of the National System of Public Investment, it refers to the bodies: (…), Formulating Unit, Executing Unit, Programming and Investment Office (OPI) or whoever acts as its, Organs
Resolutive.
Competition
Governing body Directorate General of Public Accounting - DGCP.- For the operation of the National System of Public Accounting, it refers to the organs or person-organs: Among others, accounting offices, Holder of the budget specification, Director General of Administration, Director of Accounting, Budget Director, or whoever takes their place.
Competition.
Governing body Council of Legal Defense of the State - CDJE.- For the operation of the National System of legal defense of the interests of the State, it refers to the organs or person-organs: Public Entity, Entity of public administration, Public Prosecutor, Court Sanction, system operators, Technical Secretary.
Competition.
CONCLUSIONS
- The CSJ Huánuco, in Functional Decentralization, transfers powers to it from the Executive Council of the Judiciary through the General Management body that belongs to the Judicial Branch of Peru. Under the Organic Decentralization of the Judicial Branch, the CSJ Huánuco was created, with regulated Administrative autonomy, which gives it powers to specify Regulations, Administrative Acts, Acts of internal administration, Public contracts, material activity, behavior, physical performance in the exercise of the Administrative Function. The power quota assigned to the CSJ Huánuco, in the administrative field, which is the quota of the Administrative Function of Power, has generated certain difficulties in its exercise, due to the lack of definition in who is competent or empowered for something;Despite the fact that the criteria for determining competence are applied to determine what is empowered, the same as those set forth in the Public Administrative Systems Laws refer imprecisely to the organ or organ person. Huánuco, the attributions in what can specifically be carried out in the exercise of the competence of each organ or organ person, has been exercised according to the ROF and MOF criteria; however, they have not considered the comments made in this work, number III. Bodies or Governing Bodies of the Public Administrative Systems and Competition in the CSJ Huánuco Regarding the Conservation of the Administrative Act, in the CSJ Huánuco they are acts affected by non-significant vices,issued in violation of the non-essential formalities of the procedure whose correct performance would not have impeded or changed the meaning of the final decision in important respects, or whose failure did not affect the due process of the administrator. However, the administrative responsibility of the person who issued the flawed act remains, the same that for the purposes of the declaration of nullity for being consummated it is impossible to roll back its effects, it will only give rise to the responsibility of the person who dictated the act and in each case. of organs or person-organs not contemplated in the ROF, such as Provincial Administrative Offices, Sub-administrators of Headquarters; It has generated the problem of defining who is responsible for exercising the administrative function and determining their corresponding responsibility.In the case of the Deputy Administrators of the Headquarters, it is at the convenience of the District Administration Manager, when appropriate, they respond to the administrative function before their person-organ, and when it is not convenient, they must respond to the person-organ Chief of Administration and Finance.
RECOMMENDATIONS
- The Judicial Branch, must modify the Organization and Functions Regulations of the Superior Courts of Justice that function as Executing Units, to better specify the administrative functions that are exercised and to define well the competences and powers. The CSJ Huánuco organ that belongs to the Judiciary body; When exercising public administrative function as an organism, you must modify your Organization and Functions Manual, to better specify the administrative functions that are exercised and to define well the competences and powers.
