Journal of Law of the Faculty of Legal and Social Sciences

THE MONITORING PROCESS IN LAW 902, CIVIL PROCEDURE CODE OF THE REPUBLIC OF NICARAGUA

William Joel Lara — 2020-10-16

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.

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

María Verónica Berríos — 2020-10-16

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.

TOWARDS A TAX CULTURE AND THE CORRECT APPLICATION OF VAT EXEMPTIONS

Yaoska del Socorro González Cano — 2020-10-16

The objective of this article is to highlight the importance of establishing a tributary culture in our 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 among Nicaraguans that will allow our country to make progress, for the future generations, where tributary evasion is abolished.

LEGAL REGULATION OF THE DE FACTO REMEDY IN LAW 406, LAW OF PENAL PROCEDURE OF NICARAGUA

Juan Pablo Medina Rojas — 2020-10-16

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.

THE RIGHT TO TECHNICAL DEFENSE AT THE PRELIMINARY HEARING OF THE NICARAGUAN CRIMINAL PROCEEDINGS

Juan Pablo Medina Rojas — 2020-10-16

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.

Presentation of the Third Ordinary Volume of the Digital Law Journal by Dr. Orlando Mejía Herrera, Secretary of the Law Journal

Orlando José Mejía Herrera — 2020-10-16

Presentation of the Third Ordinary Volume of the Digital Law Journal by Dr. Orlando Mejía Herrera, Secretary of the Law Journal