Roles and functions of the Peruvian State

Regulatory role
In the regulatory role , State entities act as authorities. Regulation seeks to
modify, channel, determine and/or adjust the conduct of people and companies,
both public and private.

In this area, in addition to the approval and determination of the rules that
regulate our activities, those State actions linked to compliance with said rules
must be considered; such as surveillance, inspection, control and sanction (for
cases of non-compliance).
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Example
For example, the State plays the regulatory role when a police officer enforces
traffic rules, when establishing the payment of taxes, etc.

Performance role
In the provision role , State entities provide services that are aimed at serving
citizens to make them less vulnerable or improve them.
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Example
For example, the State provides educational services in state schools, health
services in public hospitals, etc.
Note
These services can be provided directly by State entities or through private
entities through concessions, management or administration contracts, service
contracts and similar. These mechanisms of private participation in services that
are the responsibility of the State are generically called Public Private
Association (PPP) .

Regulatory Function
The State dictates regulations with a general nature and scope , applicable to all subjects
and situations that are within the scope of what is regulated.
 Administrative Function
It consists of the concrete application of the rules dictated by the State to individuals.

The following table shows the relationship between the roles and functions
of the State.

Features

Normative Administrative

It makes the activity limiting

rights effective for specific
It dictates general cases.
rules that affect
people's areas of  Sanctioning activity
freedom.  Dispute resolution
Regulator
activity
Example: The
State dictates the Example: Police officers
traffic code. enforce the rules of the traffic
code and fine those who break
them.
Roles
It makes effective the
It dictates general
provision of services by the
rules relating to the
State for specific cases.
provision of
services carried  Promotion activity
out by the State.  Specific benefit activity
Performance
Example: The
Example: The State manages
State establishes
schools where basic education
the rules for
services are provided to
regular basic
children throughout the
education.
country.
Additionally, there is the jurisdictional function, in which the State resolves
(resolves) conflicts that may arise between people and companies.

 These are conflicts that must be resolved, applying some rule that has been
dictated by the State.
 This function is exercised by the Judiciary , a state power that acts as an
independent third party.

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Example
For example, if two neighbors have a conflict to define who is the owner of a
piece of land. This conflict is resolved by a judge, through the application of
rules. In this specific case, those of the Civil Code.

Self appraisal
It's time to put what you've learned so far to the test. Identify what roles the State
is fulfilling in the following examples.

Excellent!
After having reviewed the information, it is clear to you that the regulatory role is linked to
compliance with the laws and the performance role is linked to providing services to the
citizen.
Now, we already know that the Peruvian State assumes two roles vis-à-vis citizens and that, in
addition, it fulfills three functions: a regulatory function, an administrative function and a
jurisdictional function. In the regulatory function, rules are dictated that have to do with the
regulatory or provisioning role of the State; In the administrative function, these roles are made
effective in specific people; and, in the jurisdictional function, conflicts are resolved.
With this information, I am ready to begin my internship at the municipality, where I will surely
learn a lot.
 Topic 2:
Public Administration and modalities of administrative action
 police activity
They are measures that imply the limitation of people's rights and freedoms. For
this purpose, the Public Administration deploys its coercive power, establishing
means of ordering and limiting people's behavior.

In police activity, the most used legal techniques are authorizations , licenses and
permits to carry out economic or private activities.

Sanctioning activity
It derives from police activity due to non-compliance with rules established by
the State. This is called violations. The Public Administration , following a
mandatory administrative procedure, can impose sanctions on citizens and
companies for committing infractions.

The imposition of sanctions can be challenged before the Judiciary through a

process called "Administrative Litigation" .

Dispute resolution activity

The Public Administration resolves disputes between people or companies,
acting as an impartial third party ; for example, in the case of the Tax Court ,
SuSalud or Indecopi .

These decisions, like the previous ones, are reviewable by the Judiciary through
"Administrative Litigation" .

Promotion activity
The Public Administration encourages individuals to achieve purposes of public
interest:
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Economic Matter
Through subsidies, exemptions and subsidies.

For example:

 Excellence Challenge.

Financing for studies in the best foreign universities, aimed at promoting

and improving the professional level of civil servants

 Drawback.

Tax refund to exporters.

 Fondecyt.

National Fund for Scientific and Technological Development.

Honorary Subject
Through awards, distinctions or decorations.

For example:

 Magisterial Palms.

Provided to professionals who have contributed to the country's education.

 Sports Laurels.

Awarded for merit in sport.

Generation of Good Practices

In generating good practices, through awareness campaigns, informative talks , fairs,
among others.

Public service provision activity

The Public Administration provides basic public services that are understood to
be intended to satisfy an elementary need of the population; for example: health
and education .
 Regulatory activity
It is the intervention , control and surveillance of economic activities to avoid
distortions that affect the general interest. An example of this is the regulation of
the public electricity service by a state entity called Osinergmin.

After having reviewed the modalities of the administrative function, answer what
activity the following references correspond to, as an example, to the
municipalities.
Indicate what type of activity the following statements correspond to, placing the numbers in the correct box.