The dismissed government of Eduard Heger had no right to send MiG-29 fighters to Ukraine, claims the non-parliamentary party Hlas-SD. Proof of this should also be the legal analysis published on the social network by the serving Minister of Defense Jaroslav Naď (Democrats).
“Mr. Naď himself knows that this is not a real legal analysis. In the same status, he admits that it is an advisory opinion. After all, the fact that there is no legal analysis was also admitted by the Ministry of Defense itself, which only recently rejected a request from one of the newspapers, saying that it does not have any such analysis.” recalled an unclassified deputy from Hlasu-SD Erik Tomas. With this step, according to Tomáš, the serving Minister of Defense did not dispel doubts in connection with the donation of fighter jets, but multiplied them. Aye constitutional lawyer Vincent Bujňák called the document published by Nad that it is not even at the level of a university seminar paper, reminded Tomas.
VIDEO: Hlas press conference on the legal analysis of the donation of MiG-29 fighter jets to Ukraine:
“The cleanest solution would be for the competent authority to ask the ÚS for an interpretation of the question of how the government should proceed and whether it could proceed in this way. This interpretation can be requested by the president or the government. These institutions did not dispute this decision,” stated Tomas. Therefore, according to him, the current official government should have asked the ÚS for an interpretation and put an end to doubts. Based on the conclusion of the Ús, according to him, other governments would also know how to proceed.
General manager of Hlasu-SD Matúš Šutaj Eštok called the published legal analysis by scraping the paper. He criticized that the former government should have published the document a long time ago. According to him, the aforementioned analysis shows that jet fighters are just some kind of movable property for the former government, which it can just send to anyone. “Fighters are not just any state property, they are weapons that can be used immediately by one side of a military conflict. It is obvious that their handover must be seen as a fundamental issue of foreign policy,” pointed out Šutaj Eštok.
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“The government committed a legal fraud when it invoked another article of the Constitution and pretended that it was an ordinary international agreement that it can conclude,” Šutaj Eštok criticized. “If the Constitution requires ratification by parliament for some type of contract and doubts arise about the nature of a particular contract, such a contract should be submitted to parliament for ratification, which did not happen in this case,” reminded the politician.
Šutaj Eštok also criticized the point of legal analysis by Naď, according to which, if the government writes any nonsense into its program statement, and the coalition majority approves it, it can cheerfully violate the constitution in order to fulfill it, laws and exceed their competences. “The dismissed and subsequently appointed government has only one competence: to shine and heat, and lead the country to early elections. And not long after the fun to fulfill some kind of program statement of the government and to break all the laws and the basic law of the state – the Constitution because of it.” stated Šutaj Eštok.
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In March, the temporary government of Eduard Heger decided to send MiG-29 fighters and parts of the Kub air defense system to Ukraine. When sending MiG-29 fighters to Ukraine there were doubts whether the deposed government had the competence to do so, because according to the Constitution of the Slovak Republic, the dismissed government it cannot decide on fundamental questions of internal and foreign policy. When the government finally donated fighter jets to Ukraine, she referred to legal analysis, which supposedly made it possible. But they did not want to publish the document for a long time.
According to Heger, it was in accordance with the constitution and powers of the delegated government. He emphasized that the technology is intended to protect civilians. The General Prosecutor’s Office of the Slovak Republic has already confirmed that a number of criminal reports were filed for donating fighter jets. According to her, the entire file with submissions was forwarded to the Special Prosecutor’s Office, which is acting on the matter.
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