Internal problems of Ukraine: what is the most important, who is to blame and what to do

PART ІV

Ending, you can find the first part of the article HERE, HERE and HERE.

With the adoption of the Constitution of Ukraine in 1996, the legal level of enshrining the principles of the rule of law in Ukraine increased very steeply and became the highest in the world, the legal grounds for the consequences of the illegality of ex tunc acts only strengthened. But the Ukrainian "elite" did not think to stop their criminal anti-people and anti-state activities.

In order to continue the application of the "principle of the supremacy of illegal acts of authorities" in the legal system of Ukraine, the "elite" carried out a grand scam of "replacing" the constitutional form of the consequences of illegal acts in the form of ex tunc with unconstitutional consequences in the form of ex nunc.

As already mentioned, for this, the provision of part 2 of Article 22 of the first law of Ukraine "On the Constitutional Court of Ukraine", which directly determined the onset of the consequences of the illegality of acts in the form of ex tunc and left no room for legal uncertainty and misleading interpretation of constitutional provisions, was knowingly and unlawfully removed from the legislation, and many other crimes were committed to overthrow the constitutional system of Ukraine.

These "legal diversions" gave rise to a certain legal uncertainty and created paradisiacal conditions for manipulations, which made it possible for the CCU to falsely interpret the term «valid act" of Part 2 of Article 152 of the Constitution of Ukraine and to formulate in the motivational part of the decision N8 dated 24.12.1997 the above-mentioned knowingly illegal "legal position".

In this criminal way, the "elite" in December 1997 "legitimized" the "Doctrine of Arbitrariness" and all its criminal activities, which in 1991-1997 it carried out without a "legal basis", "in fact".

The illegality of the "legal position" of the CCU dated December 24, 1997 regarding the recognition of the legal force of unconstitutional acts from the moment of their adoption until they are recognized as unconstitutional is obvious, since the Constitution of Ukraine does not grant the CCU the authority to terminate or at least to some extent limit the effect of the principles of the rule of law. And this is exactly what follows from the criminal "legal position" of the CCU dated 24.12.1997 - its absolutely complete suppression of the principles of the rule of law, the deletion of the very concept of "rule of law".

Those who claim that part two of the article 152 of the Constitution of Ukraine prescribes such powers of the CCU are either unable to understand the existential difference between the principles of the rule of law and the dictatorial "principle of the supremacy of the act of the authority", between the terms "valid act" and "active act", or are accomplices of the "elite" in crimes against Ukraine, who consciously and for their own great benefit "fight on the legal front" for the continuation of the criminal "Doctrine of Arbitrariness".

WHO IS TO BLAME

Servants of the "elite" under the misleading name of "spin doctors" came up with many different "theories" that have a hidden dual purpose - to whitewash the "elite" (and if possible also to expose it as a caring guardian of the people) and at the same time to shift the blame for the consequences of the crimes of the "elite" to a "weak" people.

All these essentially Goebbelsian technologies have been spreading for many years in a row through mass disinformation controlled by the "elite" and successfully zombifying people. The thesis "it's their fault, they had to think about who to vote for" is from this series.

From a legal point of view, all these "theories" are not just delusional, but deliberate deception, fraud and manipulation, that is, another crime of the "elite".

The people of Ukraine are not to blame for the problems and troubles of Ukraine - Ukrainians are not sadomasochists to rob, disenfranchise and destroy themselves. All those who have been in power since independence and were supposed to honestly and conscientiously manage in the interests of the people and the Ukrainian statehood the grand national assets and national sovereignty as to the beginning of the 90s are guilty. Those who, indeed, vilely deceived the people, disenfranchised it, robbed it to the bone and brought Ukraine to the brink of collapse.

That is, the Ukrainian "political elite" is solely to blame, and first of all its leaders. Despite the fact that the strategy of "reforming" Ukraine from the very beginning of independence was determined mainly by Kremlin spin-doctors and implemented through intelligence services, oligarchs, leaders of political parties and other agents of hostile influence, despite the fact that the arbitrariness and corruption of the "elite" have long since become a "state within a state", where every judge, official, any boss does what he wants, the Central Headquarters of arbitrariness and corruption, so to speak, has also always operated and operates in Ukraine.

These are the administrations of the presidents of Ukraine (whatever they are called), an integral part of the "elite" and its main "roof", leader, accomplice, and coordinator of its 33-year-old arbitrariness and corruption. It is the heads of administrations, their deputies and other functionaries who are, as a rule, the "spin-doctors" of the most large-scale, "nationwide" schemes of "circumvention" of the Constitution and laws of Ukraine, their improper interpretation. It was this "Central Headquarters" that managed the "legalization" of arbitrariness in the mid-90s and to this day ensures the dominance of the "Doctrine of arbitrariness" in the legal system of Ukraine.

The application by the "elite" in the practice of the authorities of independent Ukraine of the "principle of the supremacy of the acts of the authorities" instead of the principles of the rule of law has always taken place under this "roof", with the participation and supervision of the administrations of the presidents, whose officials are an integral part of the top of the "Ukrainian political elite ".

The criminal activities of the "elite" led to all the existing catastrophic consequences without exception: the devastating looting of the property of the Ukrainian people, their mass impoverishment and extinction, the destruction of the foundations of democracy, the economic, scientific and technical, and defense potential, the territorial integrity of the state, mobilization, sports and technical, cultural and educational, medical, etc. systems, to the transformation of judicial and law enforcement systems into criminal tools of the "elite" in its anti-people/anti-state activities, etc.

The main crimes of the "elite" from 1991 to today are the overthrow of the constitutional system of Ukraine by carrying out notoriously destructive "reforms", treason, robbery of the people, genocide of the peasantry and all-encompassing corruption, which is eating Ukraine from the inside even now during the war.

In addition, with more than thirty years of lies and deceptions, the "elite" almost completely destroyed the people's faith in truth and justice, and catastrophically suppressed its moral spirit.

The material damage caused by the "elite" to the Ukrainian people through the application of the "Doctrine of Arbitrariness" is estimated at trillions of dollars.

WHAT TO DO

The subjective nature and complete illegality of the foundations of all the biggest problems of Ukraine provide a real opportunity to quickly and successfully eliminate them. After the "Doctrine of Arbitrariness" was exposed as a "scam of the era" to infect the legal system of Ukraine with the "principle of the supremacy of the acts of authorities", it remains only to urgently take appropriate legal measures.

It is crucially important and such that it will instantly bring the law-making and law-enforcing activities of the authorities in line with the principles of the rule of law, deal a fatal blow to the arbitrariness of the "elite" and at the same time become the beginning of the revival of Ukraine, is the urgent cancellation of the "Doctrine of Arbitrariness", the action of the "principle of the supremacy of the acts of the authorities» and implementation of the principles of the rule of law.

This is the first thing that needs to be done immediately. This does not require any changes to the Constitution and laws of Ukraine, since the "Doctrine of Arbitrariness" operates solely due to the illegal interpretation of legislation by the "elite". If the President of Ukraine has the political will, this can be done in one day.

Secondly, simultaneously with the implementation of the principles of the rule of law, all powers of the authorities at all levels, including elected ones, except for the President of Ukraine and the Verkhovna Rada of Ukraine, for the period of the martial law regime and for the transitional period after the victory must be transferred to the military administrations formed in all units of the administrative and territorial system of Ukraine defined by the Constitution of Ukraine. But not to those branches of the "Central Headquarters of Arbitrariness and Corruption", which are the current "military administrations", but to newly staffed front-line soldiers, the best representatives of the Armed Forces of Ukraine - the only state institution that has high public trust.

The transfer of powers to the military administrations was supposed to take place at the beginning of the war, the Verkhovna Rada of Ukraine was already considering a corresponding draft law, but at the last moment the leaders of the "elite" took care of the preservation of "their people on the ground" (primarily deputies of local councils) from mobilization, the corresponding provision was removed from the bill, the "local elite" together with the "central elite" continued their criminal activities during the war.

Thirdly, in accordance with Article 37 of the Constitution of Ukraine, the activities of all "elite" political parties, these actually organized anti-people criminal groups, must be immediately stopped and further banned, the entire "elite" must be prosecuted, deprived of the right to further political activity and held accountable for committed crimes - with immediate confiscation and transfer of all looted goods to the needs of defense and reconstruction of Ukraine.

Without total lustration of the "elite", Ukraine has no future. The "elite" does not change for the better even during the war, and if it is not removed from politics, it will very quickly finally destroy Ukrainian statehood.

It is extremely important that V. Zelensky, based on his outlook and strong-willed qualities, is able to do this - unlike any other "leader of the nation".

Stopping and banning the anti-constitutional activities of the "elite" must be initiated by the President of Ukraine in accordance with his powers established by Article 102 and Part 3 of Article 106 of the Constitution of Ukraine - on his own initiative or at the request of Ukrainian society and Ukraine's Western partners.

Taking appropriate measures to observe and implement the provisions of the Constitution of Ukraine is not a discretionary authority of the President of Ukraine, but his duty as the head of state and guarantor of state sovereignty, territorial integrity of Ukraine, observance of the Constitution of Ukraine, human and citizen rights and freedoms.

The specified changes will revive the people's faith in justice, in the future, will provide an opportunity to bring the constitutional system of Ukraine into compliance with the Constitution of Ukraine, reboot the political system and carry out other life-saving reforms. With the existing "elite", all this is guaranteed to be impossible.

Only under the condition of defeating the internal enemy and the problems created by it, Ukraine will withstand the war with the external enemy and will be revived, become a flourishing and truly democratic state.