Bolivia
Title |
Class |
Number |
Date |
Published (Date) |
Summary |
- |
Supreme Decree |
23318-A |
3 November 1992 |
Gaceta Oficial (4 December 1992) |
Supreme Decree 23318-A of 11/3/92 approves the Regulation of Liability by the Public Function as appears in the annex and becomes a part of this Decree. Regulation deals with foundation and extent; terminology; administrative liability; executive liability; civil liability; and criminal liability; other provisions. (67 provisions; pp. 2-23) |
Legislation to Criminalize Money Laundering |
- | - | 1997 |
- | - |
Code Against Nepotism in the Judicial Branch (Reglamento de Incompatibilidad Funcionaria y Nepotismo). |
Law |
2027 |
October 27 1999 |
- | - |
Civil Servants Act (Estatuto del Funcionario Público)
|
Law |
2027 |
October 27 1999 |
- | The law is intended to eliminate illicit practices that hinder the development of a professional civil service. |
Customs Law (Ley General de Aduanas) | Law | 1990 | JUly 28 1999 | - | The law is intended to increase customs revenues and curb corruption by establishing stiff penalties against public servants involved in smuggling activities. |
Article 64 of the Constitution | Law | - | - | - | Article 64 of the Constitution states that "Senators and Deputies may not purchase or lease public goods, either in their own name or that of a third party, nor enter into public works or supply contracts with the State, nor obtain from the State concessions or any other form of personal advantage. Neither may they, for the duration of their mandate, be offcers, employees, agents, advisors or attorneys of autarkic entities or of cooperations or enterprises that engage in business with the State." |
Basic Rules on Personnel Administration | Supreme Resolution | 217064 | October 23, 1997 | December 15, 1997 | Article
5 describes the incompatibilities with holding a public post. Full Text |
Municipalities Law | Law | 2025 | October 28, 1999 | November 8, 1999 | Article
30 refers to conflict of interests, providing that council members may not put their
private interests before the public interest of the municipality. Full Text |
Capitalization Law | Law | 1544 | March 21, 1994 | March 22, 1994 | Articles 8 and 9 say that Public Officials, from the President to Members of the Boards of Directors of Government owned firms and their blood relations in direct or collateral line, are disqualified from participating - either directly or indirectly - as investors in the capitalization of the firms that are the subject matter of this law. This disqualification shall continue for four years after they cease to exercise their respective public functions. Contravention of the provisions contained in this article shall result in the invalidation of the shares owned by the disqualified person, the value of which shall revert to the stockholders' capital of the company. |
Executive Branch Organization Law | Supreme Decree | 24855 | September 22, 1997 | September 23, 1997 | Article 11 refers to the incompatibility for Ministers, Vice-Ministers and Directors General, to exercise functions at any level or act as agents of private firms and of labour unions or civic entities. This incompatibility of functions also extends to the exercise of a salaried profession or occupation whether, independently or in association, with the exception of university teaching. |
Adminisration and Control of Government's Law (SAFCO Law) | Law | 1178 | June 20, 1990 | - | Article
1 creates the government resources administration and control systems and defines their
relationship with the National Planning and Public Investment Systems. Article 1, Clause C and Article 27, Clause C of SAFCO Law and Article 144 of Criminal Code contain provisions that ensure the protection and proper use of resources assigned to Government Officials for the performance of their functions. Article 35 of SAFCO Law and Article 123 of Code of Criminal Procedure contain measures and systems requiring Government Officials to report to appropriate authorities acts of corruption in the performance of public functions. Article 27 of SAFCO Law and Article 12 of the Government Official Statute establish an obligation to instruct Government Personnel to ensure proper understanding of their responsibilities and the ethical rules governing their activities. Full Text |
Government Official Statute | Law | 2027 | October 27, 1999 | May 4, 2000 | Article 10 provides that Public Servants may neither direct, administer, advise, sponsor, represent nor provide paid or unpaid services to individuals or collective persons, privileges, or attempt to enter into a contract of any kind with entities of the Public Administration. |
Basic Rules on the Goods and Services Administration System | Supreme Resolution | 216145 | August 5, 1995 | - | Article 60 provides that, under the legal provisions in force, a bidder shall be declared incompatible when the bid was presented either directly by National Representatives, State Dignitaries or Government Officials who occupy Executive Posts or are connected with the hiring process, or through companies in which they have a share holding. Said prohibition shall remain in effect for one year after they cease to exercise their functions. |
Criminal Code | Law | 1768 | March 10, 1997 | - | Article
150 provides that Govenment Officials who, either themselves, through another person, or
by a simulated action, acquire an interest in and obtain either for themselves or
for a third party, an illegal benefit from any contract, provision, auction or transaction
in which they are involved by virtue of their post shall be liable to imprisonment for one
to three years and a fine of 500 days. Article 145 of the Criminal Code refers to the offense of personal acceptance of bribes and establishes a punishment of 2 - 6 years and a fine of 30 - 100 days. |
Popular Participation Law | Law | 1551 | April 20, 1994 | - | Law 1551 establishes social control mechanisms via the formation of Monitoring Committees, which are empowered to control the use by Municipal Governments of Tax Revenue they collect on a co-participation basis. |