The lawsuit of the opponents of decentralisation as the most successful reform have jeopardised not only the holding of the first elections in AHs, but also people's desire for hromadas’ development, the opportunity to get the changes for the better, said Hennadii Zubko, Vice Prime Minister – Minister of Regional Development, Construction, Housing and Communal Services of Ukraine.
He reported that a lawsuit demanding cancellation of the first elections in 34 AHs scheduled for 23 December 2018 was filed to the District Administrative Court of Kyiv.
“The actions of the claim cannot stop the process of appointment, preparation and holding of elections. Part four of Article 151 of the Code of Administrative Court Procedure of Ukraine states that the measures to secure a claim applied by the court cannot stop, make it impossible or otherwise violate the continuity of the process of appointment, preparation and holding of elections. The ruling of the District Administrative Court of Kyiv to suspend the decisions of local councils on the voluntary amalgamation of territorial councils has no effect on the elections appointed in AHs, said Hennadii Zubko.
In his opinion, the CEC’s stance is now key and fundamental one, in particular regarding inadmissibility of considering a court decision as the basis for the cancellation of the already scheduled elections. “The decision of the District Administrative Court of Kyiv dated 2 November 2018 is not a legal basis for stopping the implementation of the CEC resolution No. 156 as of 12.10.2018 regarding the holding of elections in AHs and cannot affect the electoral process. We look forward to the positive decision of the CEC. Elections should take place in all AHs,” emphasised the Vice Prime Minister.
“Over the years of the reform, we have repeatedly made sure that decentralisation opponents, hiding behind the interests of hromadas’ residents, are trying to stop the reform that does not appeal to those who lose political or financial influence on the territory, where capable hromadas are formed. The most successful decentralisation reform is irreversible,” summed up Hennadii Zubko.
Background. Artem Vitko, MP of Ukraine from the Radical Party, filed a lawsuit on 2 November to the District Administrative Court of Kyiv with a request to cancel the first elections scheduled for 23 December 2018 in 34 AHs.
The lawsuit concerns the following AHs :
1. Pavlivska rural AH of the Vinnytisa Oblast;
2. Sobolivska rural AH of the Vinnytisa Oblast;
3. Teplytska settlement AH of the Vinnytisa Oblast;
4. Huto-Borovenska rural AH of the Volyn Oblast;
5. Trostyanetska rural AH of the Volyn Oblast;
6. Kivertsivska urban AH of the Volyn Oblast;
7. Pryvitnenska rural AH of the Volyn Oblast;
8. Hirkopolonkivska rural AH of the Volyn Oblast;
9. Cherkaska settlement AH of the Dnipropetrovsk Oblast;
10. Vchorayshenska rural AH of the Zhytomyr Oblast;
11. Vilshanska rural AH of the Zhytomyr Oblast;
12. Andrivskaya rural AH of the Zaporizhzhia Oblast;
13. Malynivska rural AH of the Zaporizhzhia Oblast;
14. Lyubytska rural AH of the Zaporizhzhia Oblast;
15. Novomykolayivska rural AH of the Zaporizhzhia Oblast;
16. Baryshivska settlement AH of the Kyiv Oblast;
17. Borodyanska settlement AH of the Kyiv Oblast;
18. Myronivska urban AH of the Kyiv Oblast;
19. Kovalivska urban AH of the Kyiv Oblast;
20. Pishchanobrydska rural AH of the Kirovohrad Oblast;
21. Dobrovelychkivska settlement AH of the Kirovohrad Oblast;
22. Maryanivska rural AH of the Kirovohrad Oblast;
23. Markivska settlement AH of the Luhansk Oblast;
24. Velykorchernihivska rural AH of the Luhansk Oblast;
25. Krasnotalivska rural AH of the Luhansk Oblast;
26. Lotskynska rural AH of the Mykolayiv Oblast;
27. Sofiyivska rural AH of the Mykolayiv Oblast;
28. Starosilska rural AH of the Rivne Oblast;
29. Putyvlska urban AH of the Sumy Oblast;
30. Balandynska rural AH of the Cherkasy Oblast;
31. Stavchanska rural AH of the Chernivtsi Oblast;
32. Borznyanska urban AH of the Chernihiv Oblast;
33. Ozeryanska rural AH of the Chernihiv Oblast;
34. Novobilouska rural AH of the Chernihiv Oblast.
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