| The prosecutor's office will pay for trying to disqualify the head of the Serovsky district of the Sverdlovsk region It is impossible to remove the head of a municipality by court decision. This conclusion was reached by employees of the prosecutor's office of the Sverdlovsk region, who examined the judicial precedent in the Serovsky district. There, the magistrate court ruled to disqualify the head of the district, Alexander Kozyaev, for one year. According to the administrative code, a person who has been disqualified cannot engage in management work for a period established by the court.
The reason for such a strict and unexpected decision was a complaint from former employees of the health department. They turned to the prosecutor's office after the reduction was carried out, in their opinion, in violation of the Labor Code. In their complaint, officials call themselves victims of the district head's revenge. Former management lawyer Olga Panisheva says that for a long time she and her colleagues resisted Alexander Kozyaev’s initiative to reduce medical services. Last year, the head of the district liquidated general medical practices and mobile medical teams working in the municipality. In response, department employees began to seek support from the regional Ministry of Health and the prosecutor's office so that they would order the cancellation of the decisions of the head of the district. After this, most of the employees were fired.
Only after becoming unemployed were department officials able to receive support from the district prosecutor's office, which agreed that the cuts were illegal. On March 17, the magistrate court ruled to disqualify the head of the district for violating the law during dismissal. True, it was not possible to de facto remove Alexander Kozyaev, since the leader’s lawyers filed an appeal in the city court. He remained in his office as acting head. Deputies of the Serov District Duma have already spoken out in support of it, whose members consider the court verdict illegal. A special appeal sent to various authorities states that the head can only be removed through the impeachment procedure, by decree of the governor or president. Moreover, the law implies only full resignation, and not a temporary restriction on the performance of duties.
At the beginning of this week, the prosecutor's office of the Sverdlovsk region also joined the deputies. Its employees completed the investigation into the events in the Serovsky district. According to the conclusion of investigators, “the resolution issued by the magistrate’s court to remove from office a current elected official of a local government body does not comply with the requirements of federal law.” In particular, the law “On the general principles of organizing local government bodies in the Russian Federation”, according to which only the head of a subject of the federation, that is, the governor of the Sverdlovsk region, can remove a popularly elected head from his position. Based on these findings, the regional prosecutor's office filed an appeal against the decision of the magistrate court with the Serov City Court. In addition, as a result of the inspection, employees of the Serov City Prosecutor's Office were brought to justice, found guilty of unjustifiably raising the issue of disqualification of Alexander Kozyaev before the court. Mikhail VIUGIN, Ekaterinburg |
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