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CHUYỆN LẠ CÓ THẬT CỦA BẢN ÁN HÀNH CHÍNH TẠI TP HỒ CHÍ MINH

Dân Luận

Luật sư Trần Đình Triển

Hơn 30 năm nay, bà con tiểu thương Chợ An Đông TP Hồ Chí Minh thường xuyên khiếu nại, tố cáo đến các cơ quan có thẩm quyền ở Trung ương và TP Hồ Chí Minh về việc UBND Quận 5 và một số cá nhân có dấu hiệu vi phạm pháp luật (về vốn góp đầu tư xây dựng chợ từ năm 1990, quyền đối với quầy sạp, 217 tỷ năm 2012 thu của tiểu thương để làm gì? Nay tiền đó ở đâu? Sử dụng vào mục đích gì? Thời hạn và nội dung hợp đồng? Phí và lệ phí, mức thu,…);  nhưng không hiểu vì sao chưa được giải quyết dứt điểm để bảo vệ quyền lợi của nhà nước; lợi ích hợp pháp của bà con tiểu thương; giữ gìn an ninh trật tự, đảm bảo môi trường kinh doanh cho bà con tiểu thương hỉ hả làm ăn, làm giàu cho gia đình mình và góp phần làm giàu cho đất nước.

        Ngày 18 Tháng 9 năm 2020, UBND Quận 5 ban hành CÔNG VĂN số  2082/UBND-KT  và tiến hành tổ chức các biện pháp theo nội dung công văn này.

Ngày 18 Tháng 9 năm 2020, UBND Quận 5 ban hành CÔNG VĂN số 2082/UBND-KT

       Bà con tiểu thương Chợ An Đông phản ứng, một số tiểu thương khởi kiện đến Toà Hành chính Toà án nhân dân TP Hồ Chí Minh về CÔNG VĂN số 2082 đề nghị hủy bỏ công văn đó và hành vi hành chính của Chủ tịch UBND Quận 5; vì không đúng thẩm quyền và sai hình thức văn bản quy phạm pháp luật.

  Khiếu kiện của các tiểu thương, có trường hợp đã được Toà án 2 cấp xét xử (Toà án TP Hồ Chí Minh và Toà án ND cấp cao tại TP Hồ Chí Minh) xét xử đều bác yêu cầu khởi kiện của tiểu thương; công nhận CÔNG VĂN số  2082 là QUYẾT ĐỊNH hành chính đúng thẩm quyền và hành vi hành chính thực hiện theo QUYẾT ĐỊNH là đúng.

Tôi không và không thể hiểu nổi các thẩm phán xét xử vụ án này căn cứ vào đâu để ra Quyết định của bản án sai trái như vậy?!

1-/ Về thẩm quyền:

   – Nghị định số 02/2003/NĐ/CP ngày 14/01/2003 về phát triển và quản lý chợ;  quy định: chợ có trên 400 điểm kinh doanh của tiểu thương tại chợ là chợ loại I, và thẩm quyền quản lý chợ loại I là UBND tỉnh, TP trực thuộc trung ương. Chợ An Đông có trên 1200 tiểu thương, là chợ loại I, thuộc sự quản lý trực tiếp của UBND TP Hồ Chí Minh. Do đó, UBND Quận 5 tiến hành tổ chức, tự đưa ra các quy định để quản lý, không chấp hành sự chỉ đạo của UBND TP về Chợ An Đông là lạm dụng và vượt thẩm quyền;

 – Bà con tiểu thương khiếu nại UBND và một số cá nhân tại Quận 5. Căn cứ Luật Khiếu nại thì thẩm quyền giải quyết khiếu nại là UBND TP Hồ Chí Minh. UBND Quận 5 bị khiếu nại, tự mình đi giải quyết khiếu nại đối với mình là vi phạm nghiêm trọng Luật Khiếu nại.

2-/ Vi phạm về hình thức văn bản:

       Công văn nói trên của UBND Quận 5 vi phạm Điều 6 “Các hành vi bị nghiêm cấm” tại Luật Khiếu nại: “Ra quyết định giải quyết  khiếu nại không bằng hình thức quyết định”

    – Điều 2, Luật Ban hành văn bản quy phạm pháp luật: “Văn bản có chứa quy phạm pháp luật nhưng được ban hành không đúng thẩm quyền, hình thức, trình tự, thủ tục quy định trong luật này thì không phải là văn bản quy phạm pháp luật”.

– Điều 14 “Những hành vi bị nghiêm cấm” tại Luật Ban hành văn bản quy phạm pháp luật “Ban hành văn bản không thuộc hệ thống văn bản quy phạm pháp luật quy định tại điều 14 của luật này, nhưng có chứa quy phạm pháp luật”.

       Chứng cứ và quy định của pháp luật rõ ràng như vậy; UBND Quận 5 giải quyết trái thẩm quyền, hình thức văn bản sai,  thực hiện trái với sự chỉ đạo của UBND và các sở ban ngành Thành phố;…

Vậy mà, kỳ lạ chưa? Ngạc nhiên chưa? Tòa Thành phố và Toà cấp cao tại TP Hồ Chí Minh đều công nhận “Công văn” đó là như “Quyết định” giải quyết khiếu nại đúng thẩm quyền. 

       Nhân danh nhà nước mà như vậy đó! Dân biết dựa và kêu than đến đâu?! Nếu vì trình độ năng lực của thẩm phán còn non kém, thì còn tha thứ được, để còn đào tạo bồi dưỡng. Nhưng nếu vì mục đích, động cơ không lành mạnh, xét xử trái pháp luật, làm mất uy tín hệ thống cơ quan tòa án vốn dĩ gần đây rệu rã trong lòng dân,…thì phải làm rõ để xử lý nghiêm minh theo pháp luật cả về hình sự về hoạt động tư pháp “Tội ra quyết định trái pháp luật”.

– Chợ An Đông, năm 1989 UBND TP Hồ Chí Minh đã có Quyết định phê duyệt xây dựng, cải tạo. Không hiểu lý do vì sao sau khi ông LÊ THANH HẢI được bổ nhiệm làm Bí thư Q5, thì Quận ủy, HĐND và UBND Q5 thay đổi nội dung cơ bản của UBND TP, giao cho Cty phát triển nhà Q5 và Cty tư doanh xây dựng Việt Hoa tiến hành đầu tư xây dựng chợ An Đông, vốn do Cty Việt Hoa huy động; trong đó có vốn lớn do tiểu thương góp vốn  để được quyền sở hữu lâu dài quầy bán hàng theo như lời vận động của nhà đầu tư.

– Sự cố và vụ án tại Ngân Hàng TMCP Việt  Hoa vào giữa những năm thập kỷ 90 của Thế kỷ 20, có liên quan đến lãnh đạo, cổ đông, nguồn vốn,.. Ngân hàng Việt Hoa đầu tư vào chợ An Đông, những việc làm trái nguyên tắc và tài chính thiếu lành mạnh,… Anh Nguyễn Hoà Bình biết rất rõ vụ việc này.

(Tôi có tham gia bảo vệ quyền và lợi ích hợp pháp cho 1 tiểu thương trong vụ việc này, tính chất của các vụ kiện điều giống nhau, tôi sẽ đưa thông tin thêm sau phiên tòa phúc thẩm)

Ts, luật sư. Trần Đình Triển

( VP luật sư Vì Dân)

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  2. So, whichever shoulder coaching plan you observe, ensure it works all three heads equally.
    Remember, too, that the anterior head can additionally be educated
    each time you work your chest, so you may not must hit it once more in your shoulder exercises.
    Instead, focus extra on your medial and posterior
    deltoids, as they’re most probably to be underdeveloped.
    Efficient shoulder workouts combine heavy presses,
    isolation exercises, and compound movements. Starting with heavy presses
    lays the inspiration for shoulder power, while isolation workouts target every deltoid head for comprehensive development.

    If house is an issue, then you presumably can take a look at
    our record of the Best Adjustable Dumbbells. One of the keys to this
    exercise is to drive with your elbows, thinking
    of trying to squeeze a pen between your shoulder blades. The
    deltoids are rounded muscle tissue with a
    triangular form located on the uppermost a part of the arm and the highest of the shoulder.
    They’re important for a spread of arm and shoulder movements, together with lifting and rotating the arm.
    In reality, dumbbells are easily a variety of the best methods to focus
    on the shoulder muscles, particularly the center deltoids.

    All in all, the aim is to create normalcy in your vary of movement
    (which could be consistent with the above ranges of motion), not to be overly versatile.

    So just work to achieve a traditional range of motion, nothing extra, nothing much less.
    After practicing handstand kick ups for a few weeks, attempt
    to do handstand holds for max time.
    Elevate each dumbbells to your side till they’re shoulder peak.
    If you presumably can’t make it to the gym and all you’ve is a set of dumbbells
    to work with then don’t fret, we’ve a set of workout routines which are good for
    you. The rhomboids are the muscle tissue on the prime of the back and center of the shoulder
    blades. Your levator scapulae muscle is situated at the aspect and again of
    the neck. Its major perform is to raise the triangle-shaped bone located at the back of
    the shoulder (scapula) that connects your upper arm bone (humerus) with the clavicle (collarbone).
    This unilateral movement strengthens the shoulders whereas bettering core stability.
    Lateral raises are wonderful for isolating the side delts, giving
    your shoulders a wider appearance.
    Shoulder presses and upright rows will hit the middle and front delts.

    Lateral raises goal the middle delts and entrance raises goal
    the front delts. The face pull is likely considered one of the best posture
    workouts you can do. It hits all of the muscles across the again of your shoulders, together
    with these all-important rear deltoids.
    In addition, we’ve grouped every train by the
    arm muscle group it targets so you’ve a transparent idea of
    what strikes are liable for rising every muscle.
    We’ll lay out the 12 finest dumbbell arm workouts
    that may create large weapons, together with
    a fantastic sample exercise and some awesome programming tips.
    To fuel your quest for shoulder gains, ensure you’re taking over enough energy and consuming enough protein, aiming for round 2g of the good things per kilogram of body weight.
    This unilateral train corrects muscle imbalances
    while constructing again thickness and definition.
    Proceed on this style until you dropped all the way all
    the method down to the final plate on the weight stack.

    The hardest half about working your shoulders is that they play such an enormous
    position in working other muscle teams, like chest and back.
    By the time you get to focusing in your shoulders, they’re already worn out, however haven’t gotten the focus they want to actually grow.
    While these muscular tissues are significantly smaller than the deltoids,
    they are no much less essential. A lot of shoulder accidents end result from a weak or damaged rotator cuff.

    Since I began doing a drop-set to failure after my final set of DB
    lateral raises, I’ve seen extra progress in my facet delts than I did for virtually all of my
    training career. There is nothing inherently incorrect with standard overhead presses and lateral raises.
    However, they’ll steadily lose their efficiency
    should you do them too typically. Your muscle tissue will get used to those actions, which
    means your exercises will turn into much less productive.
    Take an empty barbell, or a light-weight barbell, and place
    it behind your back. ‘What you’re doing here is hitting these rear delts and the again of
    your shoulders, which are actually neglected, particularly if you
    do a lot of bench pressing,’ says Tracey. Re-rack your barbell and grab a pair
    of dumbbells, it’s time for a seated dumbbell press.

    We start with compound movements central to most upper physique
    workouts earlier than transferring to shoulder-specific movements and devoted anterior deltoid
    workout routines. Your lateral delts are engaged most in the course
    of the higher half of your arm’s range of motion. This means that if you’re going
    to be spending time build up your delts, then you must make certain your weights are coming all the best way up until they’re consistent with your shoulders.

    So, to make a long story quick, take care of
    your shoulders in order that they don’t let you down whenever you
    want them most. Shoulder ache can be very debilitating, making even essentially
    the most basic everyday activities like sleeping
    or brushing your tooth uncomfortable. Take a simple 10 minute dynamic heat up to ensure
    your joints are loose and feeling good. Warming up can be a nice time to find any ache factors you
    need to be aware of before diving into your exercise.

    Novices might discover coaching shoulders once per week
    is sufficient, while extra superior lifters could profit from two classes per
    week. If you do determine to hit your delts twice weekly, one approach may be to incorporate one strength workout and another one hypertrophy in your plan. The rotator cuff is concerned in all shoulder and higher body
    workout routines, and a few actions goal it more directly, several of
    which are described under. With that in thoughts, right here
    is a few fundamental information about the fundamental structure and
    function of your shoulder muscular tissues. The deltoids comprise three heads — anterior
    (front), medial (middle), and posterior (rear).
    This consists of the round muscle tissue on the tops of your higher arms constructing
    fuller, wider, extra outlined shoulders and bettering
    your posture too. Each shoulder exercise routine ought to have a
    lateral increase variation in it. The side delts will construct a broad physique that will be lacking if
    you’re not training them directly.
    The beauty of delts is that you by no means have to worry about
    running out of shoulder workout routines. The magic of the
    Dumbbell Arnold Press in concentrating on the rear deltoids lies within the rotational motion of
    the arms. This rotation activates the shoulder muscular tissues from numerous angles,
    with a major emphasis on the rear deltoids. The exercise goes beyond the vary
    of movement of traditional shoulder presses, ensuring a complete workout for the
    rear shoulder muscles. In Distinction To most overhead press variations, this exercise works your anterior and posterior
    deltoids fairly equally. That’s as a outcome of you’ll want to use
    your rear delts to stop your arms from falling ahead as you employ your anterior deltoids to
    push the weight up. When it involves constructing a well-developed back, most lifters give
    consideration to lat pulldowns, barbell rows, and deadlifts.

    Because the shoulder is a three dimensional ball and socket joint, you may have quite a lot of motion available to you on your shoulder workout routines.
    You’re going to need to find workout routines that faucet
    into that full vary of movement, and our Perfect Workout is designed
    to do this. These dumbbell shoulder exercises are highly recommended for
    anybody thinking about constructing a wider shoulder and who needs to realize energy.
    The dumbbell push press uses the drive of the legs, core, shoulders, and arms to raise two dumbbells to full extension overhead.

    We either don’t practice them enough or we use incorrect strategies.
    You Are then going to lift the weights up straight in entrance of
    you till they are at shoulder degree. To do entrance raises,
    all you have to do is hold a dumbbell of average weight
    in each hand with an overhand grip. If you’re trying to develop broad
    and well-defined shoulders, then front raises are an excellent addition to your routine.

    Maintain your shoulders, ribs and hips stacked over your knees with out arching your again. Hold the kettlebell with straight arms, preserving your shoulders
    open. Your physique strikes in several dimensions in the health club and thru day by day actions like
    walking, carrying objects, and cleansing.
    Using a plate adjustments how your grip and wrist are positioned and supplies a
    extra snug angle for some lifters. Additionally, the train solely requires a weight plate, making it
    a straightforward addition to your shoulder workout routine.
    The upright row is a compound train on your traps and all
    three heads of the deltoids.
    It’s all in regards to the angles if you want to train your shoulders effectively.

    Shoulder exercises should have interaction all three heads of
    your deltoids so you construct rounded, balanced shoulders.
    When building a match and muscular body, developing big shoulders is normally a part of the plan. If that sounds such as you, utilizing dumbbells during routine workout routines is considered top-of-the-line methods to comprehend these full and rounded shoulders you’re looking for.
    You should warm-up earlier than every training session, however it’s significantly important with shoulder exercises.
    For one, the shoulder is a posh joint that can be prone to injuries like strains and dislocations.

    Start with lighter weights and progressively increase as you build energy and
    management. Multiple reasons encourage you to do shoulder
    dumbbell workouts; I’ve mentioned seven beneath. Moreover, the wider grip
    allows some cheating motion, thereby permitting you to lift extra weight.
    This exercise can work nicely with a medium to light-weight for greater
    reps. The Arnold Shoulder Press is a unique and efficient
    shoulder train popularized by Arnold Schwarzenegger. Study how to do that time-efficient medial deltoid exercise here.
    We will want to hit all areas to build an all-around robust shoulder.

    If you find your progress stalling, it’s in all
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    This might imply altering the workouts, rep ranges, or even the sort of resistance used.

    Periodization, which involves cycling by way of totally different coaching phases,
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    You could additionally contemplate adding an intensity-boosting coaching system to your workouts, which might
    assist blast you out of your current progress rut.
    Shoulder coaching frequency is determined by your expertise and objectives.

    On the final set of each machine exercise, do drop sets until you
    drop all the method in which right down to the lightest plate
    on the machine. As A Outcome Of of this, it’s important
    to know which one you’re using so you can practice all three equally.
    Unbalanced shoulder improvement can affect your appearance, posture, and joint function.
    Add an extra dimension to your shoulder workouts with Fats Gripz.
    Right Here are a couple of items of drugs that will help make your shoulder workouts even more productive.
    Because shoulder press machine designs range, ensure you comply
    with the manufacturer’s directions or those of the health club staff
    as not doing so may result in harm.
    Rework your physique and build your shoulder muscles
    with 10 of the most effective compound shoulder workouts for dimension and energy.
    Keep your palms narrower than shoulder width, so they’re nearly touching, for
    this bodyweight triceps exercise. Make sure you unfold out the two exercises (have
    no much less than 2 days in between) and adjust your weights relative to your fitness experience and present targets.
    If you’ve got been coaching for a while, you may need to give attention to heavy weights while staying inside the advised set and rep ranges to proceed progressing.
    It’s a good idea to add quite so much of exercises to your shoulder workout routine to focus on the muscle from totally different angles and provide general muscle growth.
    The cable supine reverse flye is an effective isolation exercise for the posterior deltoids.

    Accomplished mendacity flat on a bench, it provides plenty of support in your decrease again and also stops you from cheating as you can not use your legs or upper body to help elevate the load.

    Firstly, the actions performed should activate the deltoids to a large diploma.
    This could be verified by taking a glance at scientific studies investigating the electrical activity (EMG) generated throughout a bunch
    of various shoulder workouts. The rotator cuff is a bunch of four completely different
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    rotate the shoulder joint. They play a big function in both compound and
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    maximise performance and prevent damage. The posterior (rear) deltoid
    is the again of the shoulder muscle. The rear deltoids are liable for shoulder extension or pulling the arms
    backward.
    This exercise is various by altering the angle (wide for extra shoulder), slender
    (more anterior deltoid and triceps), grip width, and even rotation. All options are good, but it depends what different workouts you are doing in your workout.
    You can study extra about this train in our article comparing the Arnold press vs
    shoulder press. You need a lot of shoulder mobility to
    carry out the squat, deadlift, and bench, but this needs to match by shoulder stability also.
    Balanced shoulder coaching that focuses on all
    three deltoids will enhance your shoulder stability and enhance your efficiency
    with the big 3 too.

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