Disciplinary offenses and principles of state contracting 2016 -2020Case Studies: Departamentos of Córdoba, Chocó, Sucre and Vichada

Abstract

The main purpose of this article is to carry out an analysis of public procurement and its constitutional and legal aspects, in the face of disciplinary and sanctioning responsibility in the scenario of public officials in the position of governors and mayors, especially in the departments of Córdoba, Chocó, Sucre and Vichada. As a research problem I propose: How were the principles of state contracting of transparency, efficiency and responsibility affected by the types of disciplinary offenses incurred in the exercise of public office by the governors and mayors of the territorial entities of Córdoba, Sucre, Chocó and Vichada in the period 2016 to 2020?
In the specific objectives of the content, the legal nature of the types of disciplinary offenses in the performance of the public function of governors and mayors in state contracting will first be developed. The second aspect will deal with the legal nature of the principles of economy, responsibility and transparency in the framework that governs contractual activity in state contracting. A third object refers to the types of disciplinary offenses in the exercise of the public function of governors and mayors in the territorial entities of Córdoba, Sucre, Chocó and Vichada. And, fourth, the effects of disciplinary offenses on the performance of the public function of governors and mayors in the territorial entities of Córdoba, Sucre, Chocó and Vichada.
Now, the analysis of the information collected will be carried out taking into account the qualitative method that will allow establishing the occurrence and frequency of disciplinary offenses by the governors and mayors in the territorial entities of Córdoba, Sucre, Chocó and Vichada during the period. 2016 to 2020.
Meanwhile, in response to the research problem, the problem arises fundamentally from the lack of interest in training in relation to the exercise of public functions, before embarking on occupying the positions of governors and mayors, to evaluate whether they are in ability to deal with the intricate volume of regulation of public affairs, since it is not enough to have advisors to guide the president if he ignores the essential aspects of the competence that govern the position, with the understanding that when he takes office he swears to comply with the constitution and the law, which results in there not being, a posteriori, the excuse of evasion of responsibility because they were unaware of the rule that established the duty or the prohibition, when they carry out behavior contrary to the law, as in the case of “the Contracting Law”, which is the instrument par excellence for the execution of the public budget and fulfilling the development plan, which contains the proposals that he proposed to the citizens as a candidate to be elected. Thus, it seems that the Social Rule of Law, in its maximum commitment to promoting inclusion, has a very high cost, in the absence of filters that help prevent governors and mayors from reaching the public administration with the sole requirement to hold the status of Colombian citizen and to have been born or have completed the time of residence in the geographical area of the respective territorial jurisdiction. On the other hand, it is necessary to warn that the indicated preparation or training is not enough if the subject lacks moral and ethical principles, as the examples constantly show, since with more than enough qualifications there are many who incur in administrative irregularities and serious acts. of corruption. (ART. 109. Law 2200 of the year 2022).