Procedimiento sancionatorio contractual, imposicion de multas, sanciones y declaratorias de incumplimiento del artículo 86 de la ley 1474 de 2011

Abstract

This article will analyze the main problems and legal gaps that the contractual sanctioning process enshrined in Law 1474 of 2011 in its Article 86 presents. The State Contracting in Colombia is being affected by corruption and a large wave of breaches of obligations contractual costs that cost the Colombian state amounts of money and with it the lack of growth and development in the various aspects (social, economic, cultural, road, infrastructure ... among others), which allow a country to have and maintain the conditions of minimum life for its inhabitants. The contractual sanctioning process despite being a sister that within the spirit of the legislator seeks the prevention, effectiveness and efficiency of the administration to mitigate the risks of a possible contractual breach urging the contractor to fulfill its obligations under penalty of being fined or sanctioned it falls short when one often observes the ignorance of the step by step of the due process hearing with the impossibility of resolving the eventualities that arise in its course.