Slovensko Spravodlivosť

Lukáš Machala (REPUBLIKA): Chráni prokuratúra zákonnosť?

10. augusta 2021
Republikán
242 komentárov

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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  218. The concept requires that the insured have a “stake” within the loss
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  222. After I initially left a comment I seem to have clicked the -Notify me when new comments are added- checkbox and from now on every time a comment is added I get four emails with the exact same comment. Is there a way you can remove me from that service? Thanks.

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  228. Thanks for your intriguing article. Other thing is that mesothelioma cancer is generally attributable to the breathing of dust from asbestos, which is a dangerous material. It is commonly witnessed among laborers in the building industry with long exposure to asbestos. It can also be caused by living in asbestos covered buildings for years of time, Genetics plays an important role, and some folks are more vulnerable for the risk as compared to others.

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