https://revistas.unanleon.edu.ni/index.php/revistadederecho/issue/feed Journal of Law of the Faculty of Legal and Social Sciences 2020-10-16T16:28:03+00:00 Dr. ORLANDO MEJÍA HERRERA orlando.mejia@cj.unanleon.edu.ni Open Journal Systems <p align="justify">The Journal of Law of the Faculty of Legal and Social Sciences of the UNAN-León, is a scientific journal where the research of its academics is published, as well as those of other national and international researchers specialists or experts from the different branches of Law .</p> <p align="justify">Created in 1812 by the Cortes de Cádiz and officially installed in 1816, the current UNAN-León was the second University of Central America and the last one of America founded during the last days of the Spanish colony.</p> <p align="justify">Doctors Tomás Ruíz, Agustín Ayestas and Nicolás García Jerez are considered the founders of the University of León whose initial motto was Sic itur ad astra (for this route to the stars), a motto that still remains written in the main entrance of the current building of its bicentennial Faculty of Legal and Social Sciences, generally known as Faculty of Law.</p> <p>Since its inception, the Faculty Law of UNAN-León has been deserving of great respect and prestige as a result of the great contribution it has made and is making in favor of the progress of Nicaraguan society, since its classrooms have been formed in numerous professionals and leaders who have influenced the development of the country and the Central American region.</p> <p>At present, the UNAN-León is in a process of self-evaluation and constant improvement of the main functions that characterize a modern university, such as: teaching, research and social projection; and it is precisely in this process that the project for the creation of a Law Journal of the Faculty of Legal and Social Sciences is inserted, which pursues the main objective of increasing productivity in quality scientific research in legal matters, articulating the product of research with pre and postgraduate teaching and projecting towards society in the search of improving the quality of life levels of Central Americans in general and Nicaraguans in particular.</p> <p>In this year 2015 almost 40 years have passed since the Faculty of Law stopped publishing its magazine in which the investigations of its most emblematic teachers, illustrious jurists and academics who inherited their valuable knowledge product of the study, research, were divulged. and the experience itself. That is why, with this project, it is also intended to rescue and promote the research vocation of our current teachers, a vocation that is demanded by the nature of our profession, by our University and by society.</p> <p align="justify">Therefore, the Journal of the Faculty of Legal and Social Sciences of the UNAN-León, intends to serve as an incentive and showcase mainly for the scientific and research work of its teachers, but it will also be open to research jurists from other universities in our country, from Central America and other countries that wish to collaborate and enrich with their contributions to our magazine in its second stage in electronic format.</p> https://revistas.unanleon.edu.ni/index.php/revistadederecho/article/view/319 THE MONITORING PROCESS IN LAW 902, CIVIL PROCEDURE CODE OF THE REPUBLIC OF NICARAGUA 2020-10-16T16:28:02+00:00 William Joel Lara william.lara@cj.unanleon.edu.ni Wilfredo Gustavo Altamirano Palacios wilfredo.altamirano@cj.unanleon.edu.ni <p>Through this article it is in our interest to develop the regulation of the MONITORING PROCESS in the national legislation, Law 902, Civil Procedure Code of the Republic of Nicaragua, but not before addressing the conceptual aspects of it, so we will resort to a section I (one) to develop what in this regard considers the doctrine from its etymology, concepts, to historical background in comparative laws such as the case of Italy, to later focus on the process according to our legislation, with aspects such as their nature, characteristics, principles that They govern and the procedure itself. We believe that in this way we will be contributing humbly to the strengthening of the knowledge of our students of the Law degree and to all those professionals who are interested in this subject.</p> 2020-10-16T00:00:00+00:00 Copyright (c) 2020 Journal of Law of the Faculty of Legal and Social Sciences https://revistas.unanleon.edu.ni/index.php/revistadederecho/article/view/322 LEGAL ANALYSIS OF THE RECOGNITION OF COPYRIGHT IN NICARAGUA, IN SCIENTIFIC OR TECHNICAL WORKS, UNDER THE PROVISIONS OF LAW 312, ITS REFORMS AND ADDITIONS. AN EXPERIENCE IN THE UNAN-LEON 2020-10-16T16:28:02+00:00 María Verónica Berríos princesitazul.777@gmail.com <p>This research presents an analysis of the recognition of copyright in Nicaragua in scientific or technical works in the light of Law 312 Copyright Law and its related rights, specific case of UNAN-León, the way of recognizing and compensaating moral and economic rights, the most important aspects of the registration procedure in the ONDADX , a brief comparison of copyright is made in Chile and Nicaragua, concluding that the procedures used in Chile are more expeditious as it allows to make use of the different mechanisms of registration of a scientific or technical work.</p> 2020-10-16T00:00:00+00:00 Copyright (c) 2020 Journal of Law of the Faculty of Legal and Social Sciences https://revistas.unanleon.edu.ni/index.php/revistadederecho/article/view/321 TOWARDS A TAX CULTURE AND THE CORRECT APPLICATION OF VAT EXEMPTIONS 2020-10-16T16:28:02+00:00 Yaoska del Socorro González Cano yaoskagonzalez21@gmail.com <p>The objective of this article is to highlight&nbsp;the importance&nbsp;of establishing a tributary culture in our&nbsp;country as it would have major impact to our national economy. If it could be demonstrated that government authorities invest in the well-being and development of our society, it would help build the confidence and credibility of any government. Having acceptance and support from all the citizens, we could propose a tributary culture where we all pay taxes without exception, from small business owners to big corporations, based on the principle of proportionality which states that the contributions should be relative to the payment capacity of each person or individual. No Nicaraguan that performs any type of economic activity should be exempt from paying taxes. The biggest challenge is to create a level of tributary consciousness&nbsp;among Nicaraguans that will allow our country to make progress, for the future generations, where tributary evasion is abolished.</p> 2020-10-16T00:00:00+00:00 Copyright (c) 2020 Journal of Law of the Faculty of Legal and Social Sciences https://revistas.unanleon.edu.ni/index.php/revistadederecho/article/view/323 LEGAL REGULATION OF THE DE FACTO REMEDY IN LAW 406, LAW OF PENAL PROCEDURE OF NICARAGUA 2020-10-16T16:28:03+00:00 Juan Pablo Medina Rojas pablomusa2003@yahoo.com <p>The main objective of this paper is to analyze the legal nature of the recourse named “in fact” as a means of judicial review remedy based on the provisions of Law 406, Nicaraguan Code of Criminal Procedure Act to propose a conceptual theoretical definition more adapted to the national level and identify its practical legal effects, To this end we will examine various sources of information from the general doctrine of procedural law, our legislation in the field of criminal procedure, some international instruments, up to national jurisprudence. The present research is of documentary theoretical type, descriptive analytic and with a qualitative approach, the technique used was the documentary review. With this work we intend to contribute to the science of law, specifically within the field.</p> 2020-10-16T00:00:00+00:00 Copyright (c) 2020 Journal of Law of the Faculty of Legal and Social Sciences https://revistas.unanleon.edu.ni/index.php/revistadederecho/article/view/324 THE RIGHT TO TECHNICAL DEFENSE AT THE PRELIMINARY HEARING OF THE NICARAGUAN CRIMINAL PROCEEDINGS 2020-10-16T16:28:03+00:00 Juan Pablo Medina Rojas pablomusa2003@yahoo.com <p>In the present chronicle of jurisprudence, the contradiction reflected through judgments of the Criminal Chamber of the Supreme Court of Justice of Nicaragua, regarding the scope of the right to defense in criminal matters, specifically the right to technical defense in the hearing preliminary in the Nicaraguan criminal process, for this, three sentences of the Criminal Chamber of the Supreme Court of Justice are analyzed, No. 8 and No. 29, both of the year two thousand seven, and the sentence No. 20 of the year two thousand nine, emphasizing the procedural guarantees and particularly the right to defense recognized in our Political Constitution, in the Criminal Procedure Code and in some international treaties.</p> 2020-10-16T00:00:00+00:00 Copyright (c) 2020 Journal of Law of the Faculty of Legal and Social Sciences https://revistas.unanleon.edu.ni/index.php/revistadederecho/article/view/339 Presentation of the Third Ordinary Volume of the Digital Law Journal by Dr. Orlando Mejía Herrera, Secretary of the Law Journal 2020-10-16T16:28:02+00:00 Orlando José Mejía Herrera orlando.mejia@cj.unanleon.edu.ni <p>Presentation of the Third Ordinary Volume of the Digital Law Journal by Dr. Orlando Mejía Herrera, Secretary of the Law Journal</p> 2020-10-16T00:00:00+00:00 Copyright (c) 2020