Law No. 26771: Establishes prohibition on appointing and contracting public sector personnel in cases of kinship

Sector: CONGRESO DE LA REPUBLICA
Publication Date: April 15, 1997
Establishes prohibition on exercising the power to appoint and contract personnel in the public sector, in cases of kinship LAW No. 26771 THE PRESIDENT OF THE REPUBLIC THEREFORE:
The Congress of the Republic
Has enacted the following law:
THE CONGRESS OF THE REPUBLIC;
Has enacted the following law:
(*) Article modified by Article 1 of Law No. 31299, published on July 21, 2021, whose text is as follows:
“Article 1. Public officials, executives, and employees, and/or trusted personnel of the entities and departments comprising the National Public Sector, as well as of State-owned companies, who enjoy the power to appoint and contract personnel, or who have direct or indirect influence in the selection process, are prohibited from appointing, contracting, or inducing others to do so in their entity regarding their relatives up to the fourth degree of consanguinity, second degree of affinity, by reason of marriage, de facto union, cohabitation, or being parents of their children. For the purposes of this law, kinship by affinity is also understood with respect to the concubine, cohabitant, and parent of the child. The prohibition is extended to the signing of service lease contracts, consulting contracts, and other contracts of a similar nature.”
Article 2.- The Internal Control Bodies of the entities referred to in Article 1
shall be responsible for ensuring strict compliance with this Law, under the responsibility of the Head of the Agency or their designee as appropriate, without prejudice to the control actions exercised by the Comptroller General of the Republic.
Article 3.- Those responsible for acts of nepotism provided for in Article 1 shall be
sanctioned in accordance with the norms established in the corresponding Regulation, without prejudice to the liabilities that may arise.

Article 4.- Actions that contravene what is provided in this Law are null and void
ab initio, and those responsible shall be sanctioned, in accordance with the norms established in the corresponding Regulation.
Article 5.- In contracts involving the provision of services in the public sector,
in force on the date of promulgation of this Law, if the kinship relationship referred to in
Article 1 is proven, they shall not be renewed.
Article 6.- The Executive Power shall issue implementing regulations within a period not exceeding
60 days from its entry into force.
Article 7.- Provisions that oppose this Law are repealed.
Communicate to the President of the Republic, for its promulgation.
In Lima, on the third day of the month of April of nineteen hundred ninety-seven. VICTOR JOY WAY ROJAS President of the Congress of the Republic CARLOS TORRES Y TORRES LARA First Vice President of the Congress of the Republic TO THE CONSTITUTIONAL PRESIDENT OF THE REPUBLIC THEREFORE:
It is ordered to publish and comply.
Given in the Government House, in Lima, on the fourteenth day of the month of April of nineteen hundred ninety-seven. ALBERTO FUJIMORI FUJIMORI Constitutional President of the Republic ALBERTO PANDOLFI ARBULU

President of the Council of Ministers