Prescripción y caducidad de la potestad sancionadora en materia de contratación pública.

Abstract

Public acquisition is one of the greatest boosters of the national economy in addition to being the main source of public investment whose objective is to improve the quality of life of citizens, public acquisition law its constantly in changes, seeking greater transparency in their execution, in addition to being strongly linked to the sanctioning power of the state since this type of contract is of "general interest", is obliged to regulate and sanction the malfunction of these commercial relationships. Despite the fact that in recent years we have experienced an important development of public acquisitions, it is no less true that certain institutions which were in laws already, are not found in the Ley Organica del Servicio Nacional de Contratación Pública at the time of carrying out this research, an example of this, is the institution of prescription, an institution historically created in order to prevent obligations from being eternal. As well as by Codigo Organico Administrativo, we have the inclusion of new figures in Ecuadorian legislation, such as expiration, whose objective is to prevent the administration from keeping a gun on your head forever. It is precisely these two institutions of law that we are going to study, both their historical origins, their incorporation into Ecuadorian legislation, and their application to the matter of public acquisition.