Civil law

Opposition mundep deprived of powers on the basis of fake certificates of second citizenship

Oppositional deputy of the municipal assembly of Troparevo-Nikulino Vladimir Garnachuk filed a complaint with the police: on the basis of fake certificates of a second citizenship, he was deprived of his powers

On October 31, an extraordinary meeting of the council of deputies of Troparevo-Nikulino was held, at which it was decided to deprive Vladimir Garnachuk of the status of a deputy. The basis for the "reprisal" was the alleged presence of citizenship of another state - the Republic of Moldova. Evidence - two documents: a certificate from the Ministry of Communications of the Republic, which the embassy recognized as fake, and a response to a deputy's request, strangely dated a day earlier than the request itself. Garnachuk was not invited to the meeting where his fate was discussed, and now they are not allowed into the premises of the council of deputies and are not allowed to read the text of the decision.

According to the law, a deputy cannot have a second citizenship. If it is discovered, these are grounds for early termination of powers. The law "On Local Self-Government" says that after receiving grounds for early termination of powers, the council of deputies must make a decision within 30 days. In Troparevo-Nikulino, they did not drag out the process and made a decision a few days later. According to two documents dated October 20 and 27, 2014, everything seems to be clear anyway: Garnachuk is a citizen of Moldova. The law-abiding municipal council not only did not check the authenticity of the sources, but did not even notify Garnachuk about the upcoming meeting. And later it turned out that the documents are unreliable.

We are talking about two pieces of paper issued at the request of the deputy Alexander Mikhailovsky: a response from the Department of Information Registers and a certificate from the Documentation Department of the Ministry of Information Technologies and Communications of the Republic of Moldova (available to the editors).

There is at least one obvious inconsistency in the document referred to as the "answer" that should have raised doubts. Mikhailovsky's request is dated October 21, and the answer is October 20. Apparently, the department anticipated the intentions of the deputy.

In addition, on October 31, an official response was received from the Embassy of the Republic of Moldova in the Russian Federation (also available to Novaya Gazeta). According to the consular department, the letter about Vladimir Garnachuk, allegedly received from the Ministry of Communications of Moldova, is a fake. Garnachuk himself insists that he does not have Moldovan citizenship, even though he was born there.

Garnachuk has not yet been able to familiarize himself with the decision of the deputies of his district. He personally came to the council building to receive the materials of the meeting, but they refused to let him go there, citing the fact that Garnachuk was no longer a deputy. The incident was captured on video and posted on his personal blog.

“This decision must be certified by the head of the municipal district Kulikov no later than 5 working days from the date of the meeting,” lawyer Valentin Karelin explained to Novaya Gazeta. - The term, taking into account the weekend, expired on November 11th. In addition, the document must be posted on the county website. The fact that he did not appear there is a gross violation.

Volodymyr Garnachuk believes that the decision is not issued intentionally - "they delay the deadlines so that I cannot challenge it." The deputy has the right to do so within three months.

The real reason for such a massacre, according to Garnachuk, was his conflict with the head of the municipal district, Sergei Kulikov.

“We are at war there. I am seeking the resignation of Kulikov, because he is involved in a corruption scheme,” Garnachuk said.

The other day, Vladimir Garnachuk sent an open five-page letter to Moscow Mayor Sergei Sobyanin asking him to intervene in the situation. In the text of the letter, the dismissed deputy explained the essence of the conflict with the head of the municipality, Kulikov. The head of the council participates in the activities of the commercial organization ZhKH-Service LLC. At the same time, according to the law "On Local Self-Government", a deputy who works on a permanent basis and receives a salary from the budget is prohibited from engaging in commercial activities.

By the way, the prosecutor's office agreed with Garnachuk and sent a letter to the council for discussion by the deputies. However, the deputies did not consider it necessary to discuss the illegal activities of their head. Actually, they had nowhere - since July 2014, Kulikov had not held a single regular meeting of the Council of Deputies, and on October 31 he held an extraordinary meeting at which the fate of Garnachuk was decided.

Novaya tried to contact Sergei Kulikov. Referring to being busy, he asked to call back the next day, and after that he stopped answering the calls of our correspondent.

Volodymyr Garnachuk does not intend to put up with the unfair decision of his colleagues to deprive him of his deputy status. In addition to appealing to the mayor, he has already filed a complaint with the police on the fact of forging documents.