Valsts tiesiskais pamats bez Satversmes oriģināla? Atbild Tiesībsargs

Mazliet paturpināsim Satversmes sāgas tēmu. 22. jūnijā Tiesībsarga birojs saņēma attiecīgos jautājumus. Jā, tas pats Tiesībsargs, kurš nesen vēl kaut ko runāja par nešpricēto diskrimināciju, bet tad pilnībā pārgāja varnešu nometnē. Ko birojs atbildēja uz šiem svarīgajiem jautājumiem?

Tiesībsarga birojā ir saņemts Jūsu iesniegums. Vēlaties noskaidrot, kur atrodams Latvijas Republikas Satversmes oriģināls, un gadījumā, ja oriģināls nav atrodams, vai Latvijas valsts ir tiesīga pastāvēt.

Diemžēl drošas un pilnīgi ticamas informācijas par to, kur atrodas Satversmes oriģināls, nav. Pats par sevi gan šis apstāklis nav pārsteidzošs. Pat ja pēc Latvijas valsts izveidošanas un Satversmes pieņemšanas tās oriģināls būtu glabājies kādā no valsts iestādēm vai muzejiem, maz ticamas, ka tas būtu saglabājies līdz mūsdienām un okupācijas laikā nebūtu iznīcināts. Pastāv iespēja, ka oriģināls tomēr ir kaut kur saglabājies, bet, piemēram, mainoties paaudzēm, nozaudēts. Pilnībā nevar izslēgt ne iespēju, ka tas kādreiz tiks atrasts, ne arī iespēju, ka tas ir gājis bojā. Vislabāk, protams, uz šo jautājumu spētu atbildēt vēsturnieki.

Tomēr tam, vai Satversmes oriģināls ir saglabājies vai iznīcināts, nav nekādas ietekmes uz Latvijas valsts pastāvēšanas faktu. Gadījumā, ja pazustu vai tiktu iznīcināta kādas personas dzimšanas apliecība, tas nenozīmētu, ka šī persona nekad nav dzīvojusi vai nav tiesīga būt par Latvijas pilsoni. Tāpat kā personas dzimšanas faktu pierāda ne tikai dzimšanas apliecība, bet arī citi saistītie dokumenti, ieraksti datu bāzēs un līdzcilvēku liecības, arī fakts par Latvijas valsts dibināšanu ir nostiprināts citos konstitucionāla ranga dokumentos ( piemēram, 1918. gada 18. novembra uzsaukumā “Latvijas pilsoņiem”), vēsturnieku liecībās, arhīvos pieejamajos un citos dokumentos,  piemēram, starptautiskajos līgumos, ko slēgusi Latvijas valsts, kā arī pašā apstāklī, ka jau kopš pagājušā gadsimta Latvijas valsts ir funkcionējusi un darbojusies, bet Satversme ir piemērota (izņemot brīdi, kad Latvija bija okupēta). Tādējādi, pat ja Satversmes oriģināls nav atrodams, Latvijas valsts ir tiesīga pastāvēt.

Izsmeļoši par to, kāpēc Satversmes oriģināla atrašanai būtu simboliska, bet ne juridiska nozīme, ir skaidrojis konstitucionālo tiesību zinātnieks, Latvijas Universitātes Juridiskās fakultātes docents Jānis Pleps, kurš jau ilgstoši pēta šādus un līdzīgus jautājumus, un viņa viedoklim pilnībā var pievienoties. J.Pleps norāda, ka “Satversme ir likums un likumi stājas spēkā pēc publicēšanas: “Oriģinālais dokuments ir. Satversme ir likums, un likums, lai tas stātos spēkā un būtu saistošs, ir jāpublicē oficiālajā laikrakstā.” Pēc Latvijas valsts izveidošanas likumus publicēja oficiālajā laikrakstā Valdības Vēstnesis. Satversme, ko Latvijas Satversmes sapulce pieņēma 1922.gada 15.februārī, publicēta 30.jūnijā. Bija arī otrs oficiālais izdevums – Likumu un Valdības Rīkojumu Krājums. Tajā Satversme publicēta augustā. Abas publikācijas redzamas Latvijas Nacionālās digitālās bibliotēkas kolekcijā Periodika.lv. “No juridiskā viedokļa oficiālais vai oriģinālais dokuments ir šī oficiālā publikācija, kas atbilstoši tā laika regulējumam ir veikta divos oficiālajos izdevumos.””” (pilnais skaidrojums pieejams šeit , vietnē rebaltica.lv ).  Savukārt vietnē lvportals.lv/norises/300210-uzsaukums-latvijas-pilsoniem-valsts-tiesiskas-sistemas-pamats-2018  izsmeļošāk paskaidrots par to, kādi vēl ir konstitucionāla ranga dokumenti, kas ir Latvijas valsts pamatā. Tādējādi gan no juridiskā viedokļa, gan loģikas apsvērumiem secināms, ka Latvijas valsts ir tiesība pastāvēt un Satversme ir saistoša neatkarīgi no tā, vai sākotnējais papīra formāta dokuments ir saglabājies vai nav.

Ja Jums rodas vēl kādi jautājumi par Satversmi un citām cilvēktiesību tēmām, vai arī vēlaties precizēt kādu šajā atbildē minētu apstākli, droši rakstiet!

Ar cieņu

Baiba Kiršteina

Pilsonisko un politisko tiesību nodaļas vecākā juriste

Latvijas Republikas Tiesībsarga birojs

Baznīcas iela 25, Rīga, LV-1010

Tel: +371 67201415 vai 67686768

E-pasts: baiba.kirsteina@tiesibsargs.lv

Mājas lapa: www.tiesibsargs.lv

No rakstītā varam secināt, ka arī šis kantoris atzīst to, ka Satversmes oriģināla nav un cenšas aizstāvēt sistēmu, piedāvājot ticēt leģitimitātei no publikācijas, citējot to pašu ekspertu pieņēmumus un apgalvojumus.

A. Vasiļevskis

www.mainampasauli.news

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