The Kiev Court of Appeal declared the decision of the Yatsenyuk government on restrictions on social payments to residents of Donbass illegal. Gerashchenko indignant ...
Kiev Court of Appeal made a decision that the government of Ukraine unlawfully limited social benefits on the territory of "certain regions of Donetsk and Lugansk regions". In Kiev, these territories for some time been called "temporarily occupied". The Kyiv Court of Appeal ruled that such a government decision violates the rights of Ukrainian pensioners, disabled people and other socially unprotected citizens living in the Donbas.
This decision of the Kiev Court of Appeal caused a storm of indignation among the deputy of the parliament of Ukraine, Mr. Gerashchenko. On your page in Facebook angry Gerashchenko writes (spelling, punctuation, and style of the original source are preserved):
It follows from this that “common sense” in its version, which is understood by Gerashchenko himself, is above the Ukrainian law ...
Gerashchenko, who does not know how to spell the word “appeal”, continues (spelling, punctuation and the style of the original source are preserved):
Who would doubt ... Especially after being "adored" by Mr. Gerashchenko, Givi and Motorola already face to face with this "politician".
Interestingly, what would Gerashchenko say if his relatives remained in Gorlovka, Donetsk, Lugansk, Novoazovsk, cut off by Kiev from all social benefits and benefits? Where would Gerashchenko's "common sense" be in this case? ..
This decision of the Kiev Court of Appeal caused a storm of indignation among the deputy of the parliament of Ukraine, Mr. Gerashchenko. On your page in Facebook angry Gerashchenko writes (spelling, punctuation, and style of the original source are preserved):
Yes, the Cabinet of Ministers decided not to pay pensions and social benefits on the territory of Donbass actually occupied by Russia, primarily because we cannot pay money to a territory in which there is no Ukrainian government, and secondly because it is impossible to arrange payments of social assistance for complete disorganization and plunder of the banking system and the collapse of the public administration system.
At the same time, the state of Ukraine continues to pay in full pensions and social payments to those who moved to the territory of free Ukraine, or at least to re-register there and goes by shuttle once a month to Mariupol, Artyomovsk, Krasnoarmeysk to receive legally designated payments.
And the judges are well aware of this.
The court, when making its decision, should certainly be guided by the Law. The system of law in general is based on this since the time of the ancient Romans.
But the court should also be guided by common sense, that is, explain in its decision - what about the executive authorities to implement the decision rendered by him.
At the same time, the state of Ukraine continues to pay in full pensions and social payments to those who moved to the territory of free Ukraine, or at least to re-register there and goes by shuttle once a month to Mariupol, Artyomovsk, Krasnoarmeysk to receive legally designated payments.
And the judges are well aware of this.
The court, when making its decision, should certainly be guided by the Law. The system of law in general is based on this since the time of the ancient Romans.
But the court should also be guided by common sense, that is, explain in its decision - what about the executive authorities to implement the decision rendered by him.
It follows from this that “common sense” in its version, which is understood by Gerashchenko himself, is above the Ukrainian law ...
Gerashchenko, who does not know how to spell the word “appeal”, continues (spelling, punctuation and the style of the original source are preserved):
Imagine that the Cabinet of Ministers will not appeal against this, in my opinion, an absurd decision in the Supreme Administrative Court and will try to implement it.
What's next?
How can we organize the work of the Pension Fund and Social Security Funds on the territory occupied by gangs of well-known “intellectuals” Motorola and Givi, for example?
Since April / May of the last year, the territories where neither taxes nor social payments are paid to the budgets of Ukraine and the budgets of Social Funds are paid.
What to do if Givi establishes his decision to deduct tithing from all Pension payments to residents of Donetsk, and Carpenter in Lugansk will demand to pay 20% from all payments to people with disabilities for, for example, "ensuring safety of payments to people with disabilities in the Republic of LPR".
Did the judges of the Kiev Administrative and Kiev Appeals Administrative Court think about these threats when they made their decision?
Or do they live in their cozy cottage settlements / apartments in Kiev, work in a calm atmosphere in court, where terrorists do not break into with machine guns and do not rob the courts, as they did in the Donbas, but live in a different reality?
No, I think they all understood, making such a decision. Formally!
Most likely, they habitually carried out the political order of the so-called opposition and their former leaders, who arranged for them to work in the vertical of the Administrative Courts, so that they would always judge, as the Yanukovich clan needed, or as it is necessary now to prevent the new government from protecting Ukraine from external and internal threats, playing up to the populist statements of the unplayed Boyko, Korolevskaya, Akhmetov and other "defenders" of social justice in the territory of Novorossiya.
In connection with the above, I had an idea to submit to the Verkhovna Rada the question of adopting special changes to the Law of Ukraine on the Judiciary, which would provide for the possibility of creating a special Administrative Court in the occupied territories with headquarters in Donetsk in the now-abandoned office of SCM Rinat Akhmetov where to send judges to decision makers who are contrary to Ukraine’s national security and common sense.
I think Givi, Motorola, Zakharchenko and Plotnitsky will be able to quickly get from such judges decisions about joining the free part of Ukraine to the DPR and the LPR and will justify them with a claim to the International Court of Territorial Disputes at the UN.
This is still a dream. But in reality, the Cabinet must, of course, challenge such a decision in the Supreme Administrative Court and at the same time propose to the Verkhovna Rada to make changes to the Laws that would not allow the courts to make absurd, impracticable and contrary to common sense decisions, taking the lead of their former patrons.
Well, so in general, everything will be fine with time!
What's next?
How can we organize the work of the Pension Fund and Social Security Funds on the territory occupied by gangs of well-known “intellectuals” Motorola and Givi, for example?
Since April / May of the last year, the territories where neither taxes nor social payments are paid to the budgets of Ukraine and the budgets of Social Funds are paid.
What to do if Givi establishes his decision to deduct tithing from all Pension payments to residents of Donetsk, and Carpenter in Lugansk will demand to pay 20% from all payments to people with disabilities for, for example, "ensuring safety of payments to people with disabilities in the Republic of LPR".
Did the judges of the Kiev Administrative and Kiev Appeals Administrative Court think about these threats when they made their decision?
Or do they live in their cozy cottage settlements / apartments in Kiev, work in a calm atmosphere in court, where terrorists do not break into with machine guns and do not rob the courts, as they did in the Donbas, but live in a different reality?
No, I think they all understood, making such a decision. Formally!
Most likely, they habitually carried out the political order of the so-called opposition and their former leaders, who arranged for them to work in the vertical of the Administrative Courts, so that they would always judge, as the Yanukovich clan needed, or as it is necessary now to prevent the new government from protecting Ukraine from external and internal threats, playing up to the populist statements of the unplayed Boyko, Korolevskaya, Akhmetov and other "defenders" of social justice in the territory of Novorossiya.
In connection with the above, I had an idea to submit to the Verkhovna Rada the question of adopting special changes to the Law of Ukraine on the Judiciary, which would provide for the possibility of creating a special Administrative Court in the occupied territories with headquarters in Donetsk in the now-abandoned office of SCM Rinat Akhmetov where to send judges to decision makers who are contrary to Ukraine’s national security and common sense.
I think Givi, Motorola, Zakharchenko and Plotnitsky will be able to quickly get from such judges decisions about joining the free part of Ukraine to the DPR and the LPR and will justify them with a claim to the International Court of Territorial Disputes at the UN.
This is still a dream. But in reality, the Cabinet must, of course, challenge such a decision in the Supreme Administrative Court and at the same time propose to the Verkhovna Rada to make changes to the Laws that would not allow the courts to make absurd, impracticable and contrary to common sense decisions, taking the lead of their former patrons.
Well, so in general, everything will be fine with time!
Who would doubt ... Especially after being "adored" by Mr. Gerashchenko, Givi and Motorola already face to face with this "politician".
Interestingly, what would Gerashchenko say if his relatives remained in Gorlovka, Donetsk, Lugansk, Novoazovsk, cut off by Kiev from all social benefits and benefits? Where would Gerashchenko's "common sense" be in this case? ..
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