The separation of the MTS into two independent Funds is necessary, fair and constitutionally legal

By Vasilios Repas, Lieutenant General

The shareholders and shareholders of the Fund are all active and retired Army officers and police officers from the Gendarmerie and Police personnel of the Greek Armed Forces. after 1984 at a rate of 68%

The mission of the Army Equity Fund is the financial support of Shareholders and Dividends by providing Dividends, Professional Independence Assistance, one-off Death Assistance, as well as the exercise of social welfare by granting low-interest Special Needs Loans.

A company, in its classic form, is an association of several persons, who join forces to achieve a common goal. However, the cases are not rare, where the partner of a company wishes to disengage from it, because the partnership did not develop smoothly and, therefore, the continuation of his cooperation with his partners becomes difficult (e.g. constant quarrels between the partners) , or for reasons concerning the company itself (e.g. consecutive loss-making uses) etc.

According to the provision of article 261 par. 1 of Law 4072/2012: “The partner may, with his declaration to the company and the other partners, leave the company, unless otherwise provided in the corporate agreement”. Therefore, the partner is in principle free to leave a company, without any special condition.

The outgoing partner:

He is entitled to have the items he had contributed in use and the full value of his corporate participation returned to him in full.

He is obliged to cover the debts according to the reason of his participation in the losses.

The principle of equality established by Article 4, paragraph 1 of the Constitution is a legal rule, which imposes the uniform treatment of persons in the same or similar circumstances and excludes manifestly unequal treatment.

The principle of reciprocity is a fundamental principle in social security. In this direction, the administrative courts ruled that “according to the basic principle of the institution of social insurance, which is guaranteed by the provision of article 22§4 of the Constitution (StE 2692/93 Holom.), the insurance benefits are in principle proportional to the insurance benefits contributions (StE 4648/88).

The above was apparently taken into consideration by the legislator, dear colleagues of the Gendarmerie and the Police personnel of the Hellas. and with article 27 in Law 1911/1990, the need and obligation to separate the MTS into two independent Funds, one for those from the Army and one for those from the Hellenic Police, was voted unanimously by all the wings of the Parliament and the former Gendarmerie (separation with proportional distribution of the property and not expulsion).

Although this legislative regulation is one of the few that was voted unanimously by all the wings of the Parliament, it is the only one that was never implemented due to vote-seeking reasons and customer relations! All the others that you refer to, dear partners of the Gendarmerie and EL.AS. it is from the wicked. Always from a company the wronged wants to leave and the favored uses every legal and illegal and customer means to prevent him. Is it possible, my dear partners of Gendarmerie and EL.AS., in a company where one partner participates with 10 and the other with 6, in the distribution of the profits, both of them get 8? This grossly violates the principle of reciprocity of equality and proportionality between contributions of each Branch and benefits to its shareholder.

If you consider, as you claim, that article 27 of Law 1911/1990, of the separation of the MTS into two independent Funds, one for those coming from the Army and one for those coming from the Greek Police and the former Gendarmerie (separation with proportional distribution of the property and not impeachment, ) is unconstitutional, why since 1990, when it was voted, until today you did not appeal to the STE to insult it and cancel it and you resort to philosophical, vague and non-existent accusations and oblique media and client relationships?

Finally, the obligation of every privileged and democratic state, faithful to the principles of law and the basic principles of the charter of the country, the constitution, is to act in accordance with the principles and imperatives of the constitution and not based on client relationships and to apply the law directly, because the laws are passed to be implemented and not to be thrown into the wastebasket, because in this way the state itself shows the good or bad example, according to its consistency or inconsistency, to its citizens, for compliance or not compliance with the laws of the state.

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