There will be a new government in Chernihiv. The Decree of the President of Ukraine of February 7 refers to the formation of a city military administration. The head of the MBA has not been appointed.
The General Staff of the Armed Forces of Ukraine, the Chernihiv Regional State Administration, to carry out, in accordance with the Law of Ukraine “On the Legal Regime of Martial Law”, measures related to the formation of the military administration specified in Art. 1 of this Decree, the document says.
The decree was issued after the removal by the court of the mayor of Chernihiv, Vladislav Atroshenko. According to the law, acting The mayor should become the secretary of the City Council.
As reminded by “Public”, the document regulating the procedure for the introduction of military administration is the Law of Ukraine “On the Legal Regime of Martial Law”.
In Ukraine, according to the Decree of the President of February 24, 2022, all regional and district administrations automatically became military. But as for the introduction of military administrations in cities, towns and territorial communities, then, according to the executive director of the Chernihiv branch of the Association of Ukrainian Cities Mykola Silenko, this is an exceptional phenomenon.
This happens where either there is no local government, or it does not cope with its function under certain circumstances. For example, where local authorities do not work, first of all, in security and defense, Silenko commented.
To introduce a military administration, you need a formal basis, reminds Silenko.
After the creation of the city military administration, the head of the regional military administration must approve its structure and staffing.
At the same time, the formation of a military administration does not terminate the city council as a legal entity, nor does it terminate communal enterprises, communal institutions and institutions.
That is, in fact, there can be two formats for the work of the military administration: the first is when, when the administration is introduced, the city council has the powers of the executive committee and the mayor, and the second is when the head of the military administration receives a full list of the powers of the city council and the executive committee. That is, he has full power in the city, – explains Silenko.
As you know, the first format is used in Kyiv.
On September 15, 2022, the NAPC handed over the administrative protocol to the mayor of Chernihiv, Atroshenko. It shows that on July 2, 2022, when the mayor of Chernigov was not allowed to cross the border during a working trip to Lugano, Switzerland, Atroshenko instructed his driver from the city council to transport the Tesla Model X car belonging to his wife abroad.
Such actions of the mayor, according to the decision of the court of first instance, were of private interest, which the mayor of Chernihiv must report to the NACP.
On February 1, the Court of Appeal refused to cancel Atroshenko’s suspension for a year.
Source: Racurs
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