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2020. gada 26. maija apvērsums Latvijā

Alberts Jodis

Mums visiem no vēstures ir pazīstams 1934. gada 15. maija valsts apvērsums, kad tika realizēts iepriekš izplānots valsts varas sagrābšanas akts Latvijā, ko veica toreizējais Ministru prezidents Kārlis Ulmanis ar armijas un aizsargu palīdzību, izbeidzot Latvijas parlamentāro demokrātiju un izveidojot autoritāro Ulmaņa režīmu. Šobrīd pēc 86 gadiem Saeima gatavo jaunu apvērsumu, kas, visticamāk, ieies vēsturē kā 26. maija valsts apvērsums. Runa ir par digitālo rīku e-Saeima, pateicoties kam ir izveidota tehniska iespēja parlamenta sēdes noturēt attālināti, deputātiem uzturoties arī ārpus parlamenta telpām, taču likumdošanas bāze jeb attiecīgie normatīvie akti šim tehnoloģiskajam jauninājumam sakārtoti nav.

Līdzīgi kā Ulmaņa apvērsumā, arī šīm pārmaiņām ir daži leģitīmi elementi. Piemēram, ja tolaik Ulmanis ieņēma Ministru prezidenta amatu, kuram bija pakļauti ministri un attiecīgi to pārraudzībā esošās valsts institūcijas, tad 26. maija apvērsumā kā leģitīms elements uzskatāma Saeimas priekšsēdētāja Ināra Mūrniece un viss Saeimas Prezidijs, taču iebildumi ir pret esošo likumu, t.sk. Valsts pamatlikuma neievērošanu uz kā pamata tiek mēģināts leģitimēt e-Saeimas sasteigto ieviešanu jeb citiem vārdiem sakot – 26. maija apvērsumu. Attēlā: Kārlis Ulmanis.

Vienīgais normatīvais akts, kurā varam atrast pieminētu e-Saeimu ir Saeimas Prezidija 22. maija lēmums, taču jebkuram tiesību ekspertam ir saprotams, ka ar to ir krietni par maz, lai mainītu parlamentārās demokrātijas pamatus – Saeimas deputātu balsu nodošanas kārtību un veidu kā norisinās parlamentāriešu debates par Saeimā izskatāmiem jautājumiem.

Satversme

Satversmes 15. pants nosaka “Saeima savas sēdes notur Rīgā un tikai ārkārtīgu apstākļu dēļ tā var sanākt citā vietā.”

Lai arī Saeimas priekšsēdētāja Mūrniece uzsver, ka ar e-Saeimu netiek pārkāpts nedz Satversmes burts, nedz gars, Satversmes tēvi šo pantu Valsts pamatlikumā iekļāva, lai ārkārtējos apstākļos (piemēram, ienaidnieks okupējis daļu valsts teritorijas) Saeimai būtu iespēja sanākt un veikt savu likumdošanas darbu arī ārpus Rīgas. No vēstures zinām, ka 1919. gadā mūsu valsts valdība darbojās un lēmumus pieņēma Liepājā tieši šādu apstākļu spiesta.

Protams, arī Covid-19 izraisītie ārkārtas apstākļi pēc likuma burta būtu uzskatāmi par atbilstošiem Satversmes 15. pantam, taču de facto mēs redzam, ka tie nav tik nepārvarami, lai Saeima nevarētu sanākt uz savām plenārsēdēm Saeimas ēkā, kā to jau bija darījusi neskaitāmas reizes pēc 13. martā izsludinātās ārkārtējās situācijas.

Valsts prezidents

Izbrīna Valsts prezidenta Egila Levita visnotaļ savdabīgā reakcija uz digitālā rīka e-Saeima ieviešanu jeb patiesībā – tās trūkums. Kā zināms, prezidents ir paudis vien viedokli, ka konstitucionālajām institūcijām ir jāspēj strādāt arī attālināti un valdībai ir jāparedz speciālu ātrās reaģēšanas mehānismu, taču par e-Saeimu prezidents izteicies nav. Tas varētu norādīt ka vismaz kaut kādas konstitucionālo tiesību pamatlietas Levits ir apguvis un saprot e-Saeimas neskaidro statusu, pretējā gadījumā varam būt droši, ka viņš iekļautos Saeimas valdošās koalīcijas kopkora pirmajās rindās.

Saeimas kārtības rullis

1994. gadā ar Saeimas deputātu balsu vairākumu ir pieņemts likums “Saeimas kārtības rullis”, kas arī šobrīd nosaka Saeimas darba kārtību. Nezinātāji varētu maldīgi domāt, ka šis kārtības rullis ir kāds Saeimas iekšējās kārtības dokuments, kuru Saeimas Prezidijs var mainīt vairākas reizes dienā, taču tā nav – jebkurām šī likuma izmaiņām ir nepieciešams Saeimas balsojums.

Šobrīd, lai arī Latvijā ir izsludināta ārkārtējā situācija, likums “Saeimas kārtības rullis” darbojas pilnā apmērā un Saeimas Prezidijam ir pilnvaras tikai lemt par to, kas nav noteikts Saeimas kārtības rullī, saskaņā ar pantu 23.1.4. “saziņā ar Frakciju padomi (190. p.) kārto ar Kārtības rulli un Saeimas lēmumiem nenoskaidrotus jautājumus.”, kas acīmredzot arī ir kalpojis par pamatu Saeimas Prezidija lēmumam no 22.05.2020. par Saeimas attālināto sēžu norises kārtības apstiprināšanu. 

Ieviest papildinājumus likumā “Saeimas kārtības rullis” Saeimas Prezidijam ir leģitīmas tiesības taču tikai un vienīgi ciktāl šīs izmaiņas nekonfliktē jeb neatceļ citus šī likuma pantus. Un likuma panti, kurus šis Saeimas Prezidija lēmums cenšas ierobežot vai pat atcelt ir vairāki.

Tikai daži panti uzskatāmākam piemēram no likuma “Saeimas kārtības rullis”, kas konfliktē jeb kuros veidojas likumu kolīzija ar Saeimas Prezidija lēmumu:

  1. Piecas minūtes pirms sēdes atklāšanas deputātus ar zvanu aicina sēžu zālē.
  2. Ja pusstundu pēc noteiktā sēdes atklāšanas laika nav ieradies nepieciešamais deputātu skaits (44. p.), sēdes vadītājs pasludina sēdi par nenotikušu.
  3. Sēdes vadītājs var arī sēdes laikā pēc sava ieskata vai pēc piecu klātesošo deputātu priekšlikuma pārliecināties par kvorumu, sarīkojot reģistrāciju.
  4. Ja runātājs, kas pieteicies debatēs, neatrodas zālē, kad viņa kārta pienākusi, viņš savu kārtu zaudē. Vārdu viņam dod tikai pēc tam, kad pārējie sarakstā iekļautie runātāji izteikušies.
  5. (1) Runātāji runā no tribīnes, izņemot gadījumu, ja runātājs ir persona, kurai apgrūtināta pārvietošanās.

Nemaz nerunājot par Saeimas Prezidija 22. maija lēmuma punktiem, kuri ir tiešā pretrunā ar likumu “Saeimas kārtības rullis”, piemēram, lēmuma 20. punkts “Saeimas attālinātajā sēdē runas laiku nevar pagarināt un abus runas laikus nevar apvienot.”, kas ir pretrunā ar likuma 64.3. pantu “Pēc runātāja lūguma Saeima bez debatēm lemj par runas laika pagarināšanu”.

Kā redzams, digitālais rīks e-Saeima liek pārkāpt vairākus likuma “Saeimas kārtības rullis” pantus un šie iepriekšminētie nav vienīgie.

Katrs mēģinājums leģitimēt e-Saeima platformu bez iepriekš izveidotas likumdošanas bāzes dos iespēju katru šādi attālināti novadītu t.s. Saeimas sēdi un tajā pieņemtos lēmumus apstrīdēt LR Satversmes tiesā.   

Administratīvi teritoriālā reforma

2020. gada 26. maija attālinātās ārkārtas sēdes darba kārtība ir tikai viens punkts – likumprojekts “Administratīvo teritoriju un apdzīvoto vietu likums” jeb tā dēvētā novadu reforma.

Jāatzīst, ka šis likumprojekts šobrīd ir sasniedzis tikpat kā maksimālo politisko troksni – dažādu skandālu un sabiedrības neizpratnes apvīts.

Tikai aizpagājušajā nedēļā, 15. maijā, Satversmes tiesa pieņēma spriedumu lietā par vides aizsardzības un reģionālās attīstības ministra Jura Pūces 2019. gada 25. aprīļa rīkojumu par Ikšķiles novada iedzīvotāju aptaujas “Ikšķiles novada balsojums” nolikuma darbības apturēšanu” atbilstību Latvijas Republikas Satversmes 1. un 101. pantam un Eiropas vietējo pašvaldību hartas 5. pantam, nosakot, ka Pūces rīkojums, ar kuru apturēta Ikšķiles novada iedzīvotāju aptaujas nolikuma darbība, neatbilst Satversmei.

Jāpiebilst, ka arī Eiropas Padomes eksperti bija secinājuši, ka administratīvi teritoriālās reformas procesā sarunas ar iedzīvotājiem un pašvaldībām nav bijušas atbilstošas un savlaicīgas, bet gan formālas, tādējādi pārkāpjot Eiropas vietējo pašvaldību hartu.

Papildus tam visam Valsts kontrole (VK) ir secinājusi, ka nav iespējams pārliecināties par Vides aizsardzības un reģionālās attīstības ministrijas izdevumiem 39 891 eiro apmērā, kas tika paredzēti, lai konsultētos ar sabiedrību par administratīvi teritoriālās reformas sagaidāmo rezultātu, ekonomisko pamatotību, kā rezultātā VK aicinājusi prokuratūru izvērtēt atklātos faktus un to, vai komersantam samaksātie līdzekļi patiešām izlietoti ekonomiski.

Ņemot to visu vērā, ir acīmredzami, ka šī likumprojekta izskatīšanu vajadzētu vismaz iepauzēt ārkārtējās situācijas laikā, taču tieši šobrīd Saeimas Prezidijs lemj par tā izskatīšanu, pie tam neskaidri leģitīma digitālā rīka e-Saeima platformā. Tā ir tiesiskā nihilisma un demokrātijas ignorances augstākā pilotāža.

Jāpiezīmē, ka patiesībā ir vienalga, vai likumdevēja varu sagrābj viena persona vai piecdesmit viena. Ja šādā veidā ārkārtējās situācijas aizsegā daļa no deputātiem uzurpē visas Saeimas varu, kā rezultātā opozīcijai tiek ierobežota un pat liegta iespēja pilnvērtīgi izteikties un diskutēt par likumprojektiem – tas ir reāls drauds parlamentārisma tradīcijām un demokrātijai Latvijā kopumā.

Kopsavilkums

Ņemot vērā visu iepriekš pausto, aicinu Saeimas Prezidiju un Saeimas deputātus izvērtēt katram pašam savu atbildību, iesaistoties iespējamā Latvijas Republikas Satversmes un likuma “Saeimas kārtības rullis” pārkāpumā. Aicinu atjaunot tiesiskumu un likuma varu visā Latvijas Republikas teritorijā. 

Aicinu Saeimas deputātus, pamatojoties uz likuma “Saeimas kārtības rullis” 66. pantu, pieprasīt bez ierobežojuma 26. maija t.s Saeimas sēdē vārdu ārpus kārtas par Kārtības ruļļa neievērošanu vai pārkāpšanu līdz Saeimas Prezidijs atskārst par nepieciešamību vispirms izveidot normatīvo aktu bāzi digitālā rīka e-Saeima izmantošanai un tikai tad to pielietot likumdošanas procesā.

Alberts Jodis,
Nacionālā mediju grupa

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