Ethics and contract rights
Introduction
All these rules and principles arise with the need for state entities to begin to regulate and self-regulate in order to meet these objectives. For this reason, state entities, contractors and legal persons have rights and duties that must be fulfilled when hiring with the State, since these are under norms of ethics and morals that cohable to carry out any type of corruption that said that said makes.
Although the regulatory decrees that govern it have not totally armored it from corruption and that is why many of the hiring selection processes have to continue even when it is not presented but a single bidder. Again, the author Gorbanef together with the author Cabarcas Gina discloses the article entitled "Economic Balance and Public Procurement in Colombia" where they mention that public hiring in Colombia is conflicting, unfeiled and efficient.
Developing
It often causes patrimonial damage to the State. Emphasizing that the Colombian legal system was not able to make public procurement efficient or transparent, which takes place in an institutional environment characterized by high transaction costs. Allowing to determine that the balance principle is affecting or becomes irrelevant in payment modalities and contract types, since the State usually always has to ensure contractor’s profits.
Which leads to the efficiency of a work or contract, this being the most important part of the same. Likewise, formula that should be the obligation of the State always determine the degree of opportunity of contractors, a situation that would allow religiosity to reduce. Author Rodríguez Enilsa raises in her investigation called "corruption and probity in state contracts, Colombian legislation" that the importance of public procurement in the current era.
It constitutes a notorious fact that does not require major support. A look at the accumulation of functions that the State deploys through contracts is enough to find that a good part of the budget for investment and operational expenses is reserved for contractual activity. Consequently, given its origin in public heritage and its purpose aimed at satisfying the needs of general interest, all activities around which public procurement develops are eminently regulated.
Allowing to conclude that the aforementioned author defines that the study of corruption in state hiring must be done from a moral and ethical approach, since these are the means that allow the State that the phenomenon of corruption begins to be impregnated in each one of the care and mainly in contractors, so that the phenomenon of corruption begins to end. Since as well known the mechanism of state hiring is one that allows citizens to be met.
But always prioritizing transparency and ethics when they carry out them, because there are norms and laws such as Law 80 of 1993 and Law 1150 of 2000, which serve as a legal mechanism regulating said processes, should never be seen as a simple regulatory systematization of regulatory procedures; but rather as a set of principles that seeks that everyone who performs bidding processes always keeps in mind that the art of hiring must be as transparent as possible.
To meet the convictions for which they dedicated themselves to this work, which always seeks the well -being of the community. Always in mind that corruption generates instability and an imbalance of the formula Social and democratic state of law. Coming to generate that the principles of equality, freedom and dignity are not represented. Likewise, the author Jose, in his designated manuscript "the temporary union and the consortium in the specifications and constitution documents".
He says that the relations of the parties of the state contracts are one of the very little studied aspects from the point of view of the contractors temporary and consortium unions despite their frequent use in the hiring processes. Therefore, its study is interesting since its constitutional basis, through its regulation via conditions of conditions and reaching the autonomy of the will in the definition of the content of the Constitution document.
conclusion
Concluding the aforementioned author, that the definition of conditions in the specifications must be consistent with the principle of proportionality, guaranteeing an objective selection process; It also indicates that the specifications must regulate those elements that seek to be added, different from those legally required. Also indicating that it is advisable when forming a temporary consortium or union.
It is to analyze the conditions that are defined within the specifications or the service that is intended to be hired, without forgetting that for the correct formation either of the consortium or the temporal union, they must be limited to a legal regime, which goes from a trade code from a trade code , even the general principles of law. Procedure that facilitates the correct regulation of conditions of conditions and thus be able to reduce the corruption that is presented there.
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