The government of the Voronezh region was warned about political provocation after the arrest of Mishankov

The administration of the Rossoshansky district remains without a new head.

Residents of Rossosh sent a written appeal to the government of the Voronezh region addressed to First Deputy Governor Sergei Trukhachev and Political Vice-Governor Dmitry Maslov, in which they declared a political provocation in the region.

A copy of the letter is at the disposal of the editors.

In particular, it states that the head of the Rossoshansky district and chairman of the Council of Deputy Vladimir Sisyuk did not have the right to unilaterally accept the resignation of the ex-head of administration Yuri Mishankov, who is now in pre-trial detention, and also to appoint Alexander Khitsenko (a close friend of Mishankov) as acting.

Mishankov and Khitsenko

All these decisions, the authors of the letter say, should be made by the Council at the session, and not by its chairman. At the same time, on April 24, the deputies were going to decide the next issue – about setting a date for the competition for the post of head of administration.

– We appeal to you for help! Return the situation to the legal channel so that none of the organizers of the political provocation dares to challenge the appointment of a new head of administration based on the results of the competition, –Rossoshan residents write to Trukhachev and Maslov.

Notepad’s interlocutor, familiar with the situation, says that the situation in Rossosh really looks anomalous compared to other areas:

“There are a lot of questions about the position of the lawyers of the Voronezh region government. Mamaev recently resigned of his own free will from the Gribanovsky district – the decision was made at the session! Maslov left Novaya Usman last year of his own free will – the decision was also made at the session! And Mishankov quit – the decision was made personally by the Chairman of the Council Sisyuk!”

Interestingly, the issue of setting a date for the competition to select a new head of the Rossoshansky district administration was to be considered at the Council session on April 24. However, after the letter reached the regional government, it was removed from the agenda and moved to the end of May.

Whether these events are connected is anyone’s guess.

In the meantime, Rossoshan residents are wondering who de jure and de facto governs their district, deputies have already approved a bonus for “i.e. O.” friend of the arrested Mishankov, Alexander Khitsenko.

“Notebook Voronezh” asked the government of the Voronezh region for clarification on the situation. And they responded quite quickly and in detail to the concerns of the authors of the letter. Here is the text:

“According to the Charter of the Rossoshansky District (clause 10, part 2, article 26), the appointment of the head of the district administration under a contract falls within the competence of the council of deputies. However, dismissal of the head of administration or termination of a contract with the head of administration is not within the powers of the council of deputies.

In fact, the participation of the Council of Deputies of the Rossoshansky District in the case of the appointment of the head of the administration or his dismissal comes down solely to making a decision on the appointment of a specific person who meets the requirements based on the results of the competition for the position of head of the administration.

On the procedure for terminating the powers of the head of the district administration:

Municipal employees (this includes the head of the administration of the Rossoshansky district) are subject to labor legislation, but with the features provided for by the regulatory legal acts on municipal service. In accordance with Article 84.1 of the Labor Code of the Russian Federation, termination of an employment contract is formalized by order (instruction) of the employer, i.e. employer’s representative.

According to the law “On municipal service in the Voronezh region” (clause 4 of article 1), the representative of the employer (employer) is the head of the municipality, the head of the local government body or another person authorized to act as a representative of the employer (employer). Moreover, in the Voronezh region a standard form of contract has been approved with a person appointed to the position of head of the local administration (Appendix 4 to the law “On municipal service in the Voronezh region”), according to which employer’s representativeit is not the council of deputies who speaks, but municipal entity represented by the headsuch a municipality.

In addition, the Charter of the Rossoshansky District (Article 32) stipulates that the highest official of the district is head of the district.

In accordance with Article 84.1 of the Labor Code of the Russian Federation termination of an employment contract is formalized by order (instruction) of the employer, i.e. employer’s representative.

Let us note that imposing on the head of the administration the obligation to continue to carry out his labor functions from the moment of filing an application for termination of powers (for example, until a meeting of the council of deputies on this issue, in which case the council can make a negative decision) is unacceptable, since it would contradict what is provided for by the Constitution of the Russian Federation. Federation (Part 2, Article 37) and labor legislation (Article 4 of the Labor Code of the Russian Federation) prohibits forced labor.

On the appointment of an acting head of administration:

In the event of early termination of the powers of the head of a local administration, his powers are temporarily performed by a local government official or an authorized municipal employee, determined by the charter of the municipality (Part 12, Article 37 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation”).

The charter of the Rossoshansky district indicates (part 16 of article 34) that in the event of early termination of the powers of the head of the administration of the Rossoshansky district, his powers are temporarily exercised by the first deputy head of the administration. This provision corresponded to paragraph 2 of the order of the head of the Rossoshansky municipal district dated April 3, 2024.”

Vladimir Smekhnov

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