The network congratulates the Supreme Court judge on his birthday. What original contributions has Oleg Pervomaisky made?.
Today, January 31, Judge of the Constitutional Court Oleg Pervomaisky celebrates his 53rd birthday. He has distinguished himself with original thoughts in judicial matters.
About alimony and the FC Liverpool stadium
The judges of the Constitutional Court considered whether one spouse can receive alimony if they are receiving state assistance. They concluded that a non-working person may need additional financial support, as they spend money not only on basic needs but also on medical treatment and health recovery.
Judge Pervomaisky agreed with this approach but presented his arguments separately:
Perhaps philosophers and sociologists are right in their predictions about the crisis of the marriage institution... Concepts of marriage and its significance have changed, as much else in the world has. However, a sincere response to such predictions about marriage takes Time. Marriage remains a fortress for those fortunate enough to resist economic and social changes, wars, and pandemics. Marriage is a place where people find strength and inspiration, and its significance endures over time, even if many people make different predictions. 'You'll never walk alone' (the inscription on the gates of FC Liverpool stadium and the club's anthem) - a personal 'Anfield' for two, a place where they find strength and professional motivation.
National security and Johnny Depp
The Constitutional Court examined a case regarding a possible violation of the Constitution by the Verkhovna Rada, which in 2019 annulled the list of objects that cannot be privatized. This resulted in the country living for five years without clearly protected strategic assets, causing concern among lawmakers. However, after prolonged review, the court simply closed the proceedings, avoiding a decision.
Judge Pervomaisky criticized his colleagues for avoiding difficult questions in their opinions:
An external prepared reader of the acts of the Constitutional Court risks losing their orientation in understanding what is a 'right moment' or what is a 'super important case' waiting for the national constitutional control body to make a decision. In one Hollywood movie... one character played by Johnny Depp said to another, played by Orlando Bloom: 'If you were waiting for a 'right moment', that was it. That's it; you missed it.'
About Moses' path
In a case where the Constitutional Court annulled the article of the Criminal Code on criminal liability for judges for unjust decisions (Article 375), Judge Pervomaisky expressed his separate opinion:
Isn't it futile to hope that an independent, impartial, and fair judge can appear out of nowhere to truly overcome the immense challenges and risks associated with judicial reforms, distrust of judges, and the possibility of accountability? In a famous religious story, it took 40 years of wandering in the desert to achieve the desired outcome. Perhaps forming an independent and impartial judiciary will take just as long, after all judicial reforms, evaluations, and competitions for judgeships are completed. Therefore, 'ideal' judges from the dreamt future are just beginning to study in their first year of law school. Or perhaps I'm mistaken, and this story will take much longer than 40 years.
Let us remind you that in September 2018, the people's deputies appointed two judges to the Constitutional Court - Irina Zavhorodnia and Oleg Pervomaisky.
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