The Chernivtsi mayor Alex Kaspruk stopped the effect of two decisions of the city Council
the mayor Alexei Kaspruk veto and April 14, stopped the effect of two decisions of the city Council, as such, contradict the current legislation. Reconsideration of these issues will take place at the extraordinary session of the city Council convened on 26 April at 14.00. Alex Kaspruk stopped action of decisions of the city Council No. 647 "On the Supervisory boards of municipal enterprises", which was adopted in violation of the Constitution of Ukraine, law of Ukraine "About local government in Ukraine", Economic code of Ukraine. In particular, attention is drawn that the city Council has made the utility the recreation Park named after T. G. Shevchenko in the list of the enterprises which formed the Supervisory boards, although this venture does not fall under any of the criteria, according to which the formation of the Supervisory Board at the municipal enterprise is required. Internally contradictory nature of separate provisions of the order of creation, organization, operation and liquidation of the Supervisory Board of public utilities, which will lead to the impossibility of their implementation. We are talking about the procedure of delegation of a representative of the mayor in the composition of the Supervisory Board, as well as the formation of the competitive Commission on selection of independent members of the Supervisory Board, the organization of work of the Commission. Also pointed out the exclusive competence of the Supervisory Board of the municipal enterprise contrary to the norms of the Economic Code of Ukraine submitted questions that can lead to blocking of work of communal enterprises. Attention is drawn that the adoption of the decision on election of the Deputy as an independent member of the Supervisory Board lays the potential conflict of interest because he, as a member of the city Council, will represent the interests of the Founder of the municipal enterprise – city Council. In such a situation the concept of "independent member of the Supervisory Board" generally loses its primary initial value – "the impartial expert who is not formally included in the number of senior managers and has personal interest", as it will allow the deputies themselves to be among the "independent" members of the Supervisory Board of public utilities, to head the Supervisory Board of public utilities on a fee basis. This is contrary to the requirements of the independent member of the Supervisory Board may not hold elected office and be official of state authorities and local self-government. In General, the wording adopted decision "On Supervisory boards of municipal enterprises" can unbalance the system of "checks and balances" because the representation of members of the city Council envisaged in the Supervisory Board of the municipal enterprise in the form of "independent" members, as in the competitive Commission on selection of independent members of the Supervisory Board members of the city Council are in the majority. Therefore, the city Council fully iterates over all functions for management of municipal enterprises, which is contrary to the law. Given the above, mayor Alex Kaspruk believes that the decision of the Chernivtsi city Council of VII convocation "On the Supervisory boards of municipal enterprises" from 10.04.2017, No. 647 requires revision to bring it into line with the Laws of Ukraine "On amendments to some legislative acts of Ukraine concerning management of objects of state and communal ownership", "On local self-government in Ukraine" and the elimination of shortcomings of technical nature. Mayor Alex Kaspruk also vetoed a city Council decision to reject a return to state ownership through the Ministry of defence of Ukraine the land plot at the address: vul.Gregory Msuna, 20, area 0,3084 GA as such, contrary to the decision of Economic court of Chernovitsky area from 14.11.2016, No. 926/2529/16, of the law of Ukraine "On amendments to some legislative acts of Ukraine on delimitation of lands of state and communal property", article 77 of the Land Code of Ukraine, article 319 of the Civil Code of Ukraine. In particular, the Economic court of Chernivtsi region quashed the decision of the city Council that the said land plot previously occupied by a military camp, was added to the land reserve of the city. Cancelling the decision of the city Council, the court proceeded from the fact that the Ministry of defence as owner of the land, did not take the decision to dispose of or transfer into the reserve lands of the city land area 0,3084 ha, which is public property. The mayor considers that a legitimate reason not to execute the court decision from the city Council there and the land be returned to state ownership through the Ministry of defence. This was reported in the Chernivtsi city Council.Ïåðåâåäåíî ñåðâèñîì "ßíäåêñ.Ïåðåâîä÷èê": translate.yandex.ru.
Source: http://uzinform.com.ua/
