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The Law about budget violates human rights? Now everything depends on the Supreme Court

We already wrote about this case – a citizen of Odesa Oleksiy Pluzhnykov sued the highest governmental bodies regarding illegality of the Law of Ukraine “About budget”. Today we received information from him that the complaint for the Law about budget No 2285 dated 23.12.2004 was taken for consideration by the Supreme Court of Ukraine in the first instance.   

“As a citizen, elector and tax-payer I suppose that many norms of the Law of Ukraine “About the state budget of Ukraine for 2005” violate rights and interests of Ukrainian citizens, make availability of legality and reasons for considering Ukraine a jural state doubtful”, – stated the human rights activist from Odesa Oleksiy Pluzhnykov.  

On May 1, 2005 a complaint was submitted to the Supreme Court of Ukraine against the highest bodies of the legislative (the Supreme Rada of Ukraine), executive (the Cabinet of Ministers) government and the highest subject of public right – the head of the state (the President), recognizing their actions illegal, violating rights and freedoms of an indefinite scope of people.

In the opinion of Pluzhnykov, some provisions of the mentioned Law contradict the principle of the supremacy of law, violate rights and interests of citizens protected by law, were introduced with violation of requirements of the Budget code of Ukraine and contradict other laws of Ukraine, making law collisions and ruining the legal system of Ukraine, making citizens and legal entities take additional measures to preserve their rights and interests, oblige citizens with violation of the order established by the acting legislation, and therefore are to be cancelled. 

In view of the fact that that the budget of Ukraine in its essence must be integral and orderly, include arranged norms about the amount of revenues and expenditure parts, amount of the state debt, Pluzhnykov supposes that taking into account misbalance of a part of connections and indexes, the Law is to be acknowledged invalid since the moment of adoption.  

Pluzhnykov also stated that actions on adoption the Law show usurpation by the highest bodies of the legislative (the Supreme Rada of Ukraine), at suggestion of executive (the Cabinet of Ministers) government of rights and authorities of the local self-government with complicity of the head of the state (the President), in notions of clause 5 of the Constitution of Ukraine.

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