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Все сессии Южноукраинского горсовета с 1 ноября 2018 года незаконны — Окружной административный суд

Воскресенье 24 мая 2020 16:53
Все сессии Южноукраинского горсовета с 1 ноября 2018 года незаконны — Окружной административный суд
Фото: коронавирус (freepik.com)
Людмила Дзюбенко

Николаевский Окружной административный суд отменил решение Южноукраинского горсовета об увольнении секретаря Людмилы Дзюбенко и постановил, что в связи с тем, что 42-я сессия не закрыта, все последующие – незаконны.

Об этом говорится в решении суда от 14 ноября 2019 года, официальная часть которого поступила в Южноукраинский городской совет, сообщает «Барометр Южноукраинска».

Напомним, 21 мая этого года состоялось незаконное заседание 46-й сессии Южноукраинского городского совета, на котором депутаты внесли изменение в своё решение от 26 ноября 2018 года №1347 (об увольнении Людмилы Дзюбенко с должности секретаря Южноукраинского горсовета).

На этом заседании «большинство» депутатов незаконно уволило Людмилу Дзюбенко, а так же «избрало» секретарём горсовета Евгения Квасневского. Однако, в связи с тем, что Дзюбенко находилась на больничном, юридически уволить её не смогли.

Кроме того, 23 июля этого года Дзюбенко подала заявление в суд о приостановке решения сессии, которое суд удовлетворил до полного разбирательства по административному делу.

Рассмотрев доводы сторон, Окружной суд пришел к выводу, что решение 43-й сессии является незаконным. Обращает на себя внимание, что в мотивировочной части суд разъяснил, что ранее уже принималось решении о том, что 42-я сессия не закрыта, а значит – любые другие сессии созываться не могут.

— «В соответствии с ч. 4 ст. 78 КАСУ, обстоятельства, установленные решением суда по хозяйственному, гражданскому или административному делу, которые набрали законную силу, не доказываются при разбирательстве другого дела, в котором участвуют те же лица или лицо, относительно которого установлены эти обстоятельства, если другое не установлено законом», — говорится в решении суда.

Так, данные обстоятельства были установлены решением Николаевского окружного административного суда от 29.01.2019 года по иску секретаря Южноукраинского горсовета Дзюбенко Л.П., поэтому не подлежат доказыванию.

Таким образом, суд постановил, что все решения, принятые Южноукраинским горсоветом после 1 ноября 2018 года, являются незаконными и подлежат отмене.

Исковое заявление секретаря Южноукраинского горсовета Людмилы Дзюбенко – удовлетворено полностью.

— признать противоправным и отменить решение Южноукраинского городского совета № 1347 от 26.11.2018 года «О досрочном прекращении полномочий секретаря Южноукраинского городского совета».

— признать противоправными действия Южноукраинского городского совета по обнародованию 19.03.2019 года на официальном сайте в разделе «решения городского совета» сканируемой копии документа в формате РDF «О досрочном прекращении полномочий секретаря Южноукраинского городского совета» с пометкой рукописным текстом «Дубликат», с подписью Палия А.В. как депутата городского совета — председателя на пленарном заседании внеплановой 43-й сессии городского совета и обязать Южноукраинский городской совет снять его с опубликования.

— признать противоправным и отменить решение Южноукраинского городского совета, принятое на пленарном заседании 46-й сессии седьмого созыва № 1525 от 21.05.2019 года «О внесении изменений в решение Южноукраинского городского совета от 26.11.2018 года №1347».

— взыскать за счет бюджетных ассигнований Южноукраинского городского совета в пользу Дзюбенко Л.П. судебные расходы в размере 2305,20 грн. (две тысячи триста пять гривен 20 коп.).

Учитывая, что мэр Южноукраинска Виктор Пароконный отказывается закрыть 42-ю сессию, тем самым он ставит под угрозу решения, которые были приняты на пленарных заседаниях Южноукраинского городского совета после 1 ноября 2018 года.

Публикуем полное решение Николаевского окружного административного суда:

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