Lukáš Machala (REPUBLIKA): Chráni prokuratúra zákonnosť?


Je to naozaj tak? Chráni prokuratúra zákonnosť?

„30. júna vláda Slovenskej republiky na svojom zasadnutí schválila uznesením 389/2021 návrh znenia novely zákona č. návrh zákona, ktorým sa dopĺňa zákon č. 355/2007 Z. z. o ochrane, podpore a rozvoji verejného zdravia a o zmene a doplnení niektorých zákonov v znení neskorších predpisov.

Následne tento návrh novely zákona schválila Národná rada Slovenskej republiky dňa 25.07.2021.

Samotné znenie zákonnej úpravy, cit.:„1. V § 48 ods. 4 sa za písmeno y) vkladá nové písmeno z), ktoré znie :z) dočasné podmieňovanie vstupu do prevádzkových priestorov zariadení, v ktorých dochádza k zhromažďovaniu osôb a vstupu na hromadné podujatia preukázaním sa vstupujúcich osôb potvrdením o absolvovaní očkovania proti ochoreniu COVID-19, alebo potvrdením o prekonaní ochorenia COVID-19 alebo potvrdením o negatívnom výsledku testu na ochorenie COVID-19.“

Podľa dôvodovej správy k zákonu, cit.:(i) zavádza sa zákonná možnosť zohľadňovať očkovanie proti ochoreniu COVID-19 pri prijímaní protipandemických opatrení ÚVZ v tom smere, že a) zaočkovaní ľudia, b) tí, ktorí prekonali ochorenie COVID-19 ac) negatívne otestovaní ľudia, budú môcť po preukázaní sa GreenPassom využívať „naplno“ služby prevádzkovateľov (poskytovateľov), ktoré budú inak v rámci protipandemických opatrení všeobecne (pre všetkých) obmedzené pre vstup a vjazd osôb;(ii) pôjde o služby, ktoré sú rizikové – kde sa zhromažďujú ľudia a riziko šírenia nákazy ochorením COVID-19 (zohľadňujúc epidemiologické predikcie o šírení a nákazlivosti delta variantu) je väčšie – hromadné podujatia a prevádzky, kde sa zhromažďujú ľudia a napr. sa podávajú pokrmy a nápoje a pod.(iii) zákonná možnosť prijať opatrenia „zvýhodňujúce“ očkovaných musí byť postavená na dočasnosti prijímaných zvýhodňujúcich opatrení. V tomto smere ide o čas, pokým sa z epidemiologického hľadiska (i) spoločnosť nepremorí, (ii) kým neustúpi pandémia, (iii) kým nebude zaočkovaná kritická skupina;

Uvedená formulácia zákona, ako aj jeho dôvodová správa je v rozpore s ustanovením § 2, odsek 1 zákona č. 365/2004 Z.z. (antidiskriminačný zákon), cit.:„(1) Každý je povinný dodržiavať zásadu rovnakého zaobchádzania v oblasti pracovnoprávnych a obdobných právnych vzťahov, sociálneho zabezpečenia, zdravotnej starostlivosti, poskytovania tovarov a služieb a vo vzdelávaní.”

Žiadny zákon platný na území Slovenskej republiky výslovne neustanovuje okruh osôb, ktoré sú oprávnené požadovať od občanov Slovenskej republiky informáciu o očkovaní proti ochoreniu COVID-19, výsledok testu/diagnostiky formou PCR testu alebo antigénového testu certifikovaného na území Európskej únie na ochorenie COVID-19! Je potrebné striktne dodržiavať ZÁKONNOSŤ a ústavný princíp, podľa ktorého, cit.:“ každý môže konať, čo nie je zákonom zakázané, a nikoho nemožno nútiť, aby konal niečo, čo zákon neukladá.“

Podľa Dohovoru o ľudských právach a biomedicíne, ktorého je Slovenská republika signatárom, má náš štát povinnosť chrániť dôstojnosť a identitu všetkých ľudí a zaručiť každému bez diskriminácie rešpektovanie jeho integrity a iných práv a základných slobôd v súvislosti s aplikáciou biológie a medicíny. Slovensko sa tiež zaviazalo, že záujmy a blaho človeka budú mať prednosť pred výhradným záujmom vedy a spoločnosti.

Prieskum verejnej mienky, ktorý sa uskutočnil začiatkom leta 2021 ukázal, že takmer 31% Slovákov sa nechce dať očkovať. V číselnom vyjadrení je to cca. 1 350 000 ľudí!

Z dlhodobého protiprávneho konania vlády Slovenskej republiky a Národnej rady Slovenskej republiky vyvstáva legitímna otázka , či konanie členov vlády a koaličných poslancov Národnej rady SR nie je v rozpore s právnym poriadkom Slovenskej republiky a či ich konanie jednotlivo, ale aj ako organizovanej skupiny nezakladá trestnoprávnu zodpovednosť v zmysle slovenských právnych predpisov.

Podľa môjho názoru vyššie uvedené skutočnosti (hlasovanie vlády – uznesenie / hlasovanie parlamentu – zákon) nasvedčujú tomu, že mohlo dôjsť k spáchaniu trestných činov. Existuje dôvodné podozrenie, že uvedená skupina osôb mohla spáchať trestný čin NÁTLAK podľa § 192 ods. 1, ods. 2 písm. b), písm. c),písm. d), ods. 3 písm. a), písm. b), ods. 4 písm. a), písm. b), písm. c), trestný čin APARTHEID A DISKRIMINÁCIA SKUPINY OSÔB podľa § 424a ods. 1, ods. 2 písm. b), písm. c), písm. d), písm. e) Trestného zákona, trestný čin NEĽUDSKOSŤ podľa § 425 písm. i), písm. j) Trestného zákona, pretože podozriví svojim vedomým a úmyselným konaním vytvorili predpoklady pre vznik politickej, spoločenskej, svetonázorovej, medicínskej, rodovej, vekovej a občianskej SEGREGÁCIE, a to napriek tomu, že Slovenská republika má ústavne garantovanú formu v zmysle Článku 1, odsek 1, cit.: „ (1)Slovenská republika je zvrchovaný, demokratický a právny štát. Neviaže sa na nijakú ideológiu ani náboženstvo.“ V nadväznosti na článok Čl.2 Ústavy Slovenskej republiky , cit.: „ (2) Slovenská republika uznáva a dodržiava všeobecné pravidlá medzinárodného práva, medzinárodné zmluvy, ktorými je viazaná, a svoje ďalšie medzinárodné záväzky.“

Preto je namieste otázka, ako sa k danej problematike postaví prokuratúra Slovenskej republiky?Tá má totiž zákonom stanovenú úlohu jednak chrániť práva a zákonom chránené záujmy fyzických osôb, právnických osôb a štátu, jednak povinnosť vykonávať svoje úlohy na základe zákona a prostriedkami ustanovenými zákonom. Pri plnení úloh je pritom každý prokurátor povinnýa) podľa najlepšieho vedomia a svedomia uplatňovať Ústavu Slovenskej republiky, ústavné zákony, zákony, medzinárodné zmluvy vyhlásené spôsobom ustanoveným zákonom a ostatné všeobecné záväzné právne predpisyb) rešpektovať a chrániť ľudskú dôstojnosť, základné ľudské práva a slobody a vyvarovať sa akejkoľvek diskrimináciec) chrániť verejný záujemd) postupovať iniciatívne, spravodlivo, nestranne a bez prieťahov.

Súčasne každý prokurátor vykonáva dozor nad dodržiavaním zákonov a ostatných všeobecne záväzných právnych predpisov orgánmi verejnej správy preskúmavaním zákonnosti správnych aktov verejnej správy. Pri celoštátnej pôsobnosti (ústredný orgán štátnej správy) tento dozor vykonáva generálny prokurátor.

ZASTANE sa iniciatívne a principiálne prokuratúra slovenských občanov, ktorí sa prokurátorom zo svojich daní skladajú na výplaty, alebo bude slepým a hluchým politickým NÁSTROJOM represie a pošliapavania ľudských a občianskych práv?” zamýšľa sa advokát JUDr. Lukáš Machala.

ZA SLOBODU A PRÁVNY ŠTÁT! 🇸🇰✊

#revoluciapravdy#hnutierepublika

Foto zdroj:theconversation.com

bystricoviny.sk


242 thoughts on “Lukáš Machala (REPUBLIKA): Chráni prokuratúra zákonnosť?

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