After Moscow’s Basmanny court arrested the Governor of the Khabarovsk territory for two months, cities have been mass protests. The question of who will become acting Governor, is still open: President Putin is the decree on the resignation of Sergey Furgala not signed. “MK” has figured out that talking about such situations of the Russian laws.
Press Secretary of the President Dmitry Peskov, commenting on the July 9 arrest of the Governor of Khabarovsk Krai, which is a consequence suspects of committing heinous crimes such as the organization of assassinations, nothing specific about when to expect a decree on the resignation of the Governor, said. Noticed that the head of state will make a decision based on the information of the investigating authorities.
July 10, the Governor Furgal was arrested and now at least two months will be spent in the Metropolitan detention center “Lefortovo”. But he still remains the Governor.
in fact, in all previous cases of criminal liability of heads of regions, if they happened after the detention and arrest, simultaneous resignations occurred. For example, three of the most scandalous stories of recent years.
Governor of the Sakhalin region Alexander Khoroshavin was arrested March 4, 2015 and the decree on his resignation “in connection with loss of trust” President Putin signed on March 25 of that year.
the Head of Komi Vyacheslav Gaiser was arrested on 20 September 2015, and dismissed officially in 10 days, 30 of September of the same year.
the Governor of the Kirov region Nikita Belykh was arrested June 25, 2016, and the decree about its resignation was signed on July 28, 2016.
All these decrees contain the wording “in connection with loss of trust”. The wording appeared in the law “On General principles of organization of legislative (representative) and Executive state authorities of constituent entities of the Russian Federation” in 2004, but since then, several times refined and developed. In the present embodiment, it permits the President to dismiss an elected Governor “in connection with loss of trust” and “for the improper performance of their duties” – including those submitted by the President. The case of “improper performance” – such as not ours, that is Furgala case. But about “loss of confidence” in 2013, the law is clarification: the basis for the lamentable fact, are “reflected” (but not yet assessed by the court, mind you) facts of corruption, unresolved conflict of interest or in respect of the Governor of the facts of storage of cash in foreign accounts.
note: all previous governors, prosecuted and dismissed “in connection with loss of trust”, the accused is in a different kind of corruption-related crimes. And then – ororganization of custom-made murder of two and more persons, and attempted murder.
But, on the other hand, the wording of the law is so murky, which gives the Kremlin still understand the right to “loss of confidence” is extremely wide: and corruption, and anything. Because with this formulation was 29 January sacked the head of Chuvashia Mikhail Ignatiev, who tried to challenge this decision in the Supreme court, but the recently deceased in the hospital from the coronavirus.
So in the case of Forgalom “loss of confidence” is quite possible. In this case, the President will appoint acting Governor, and he will serve until early elections. Moreover, the law expressly stipulates: if the resignation happened before 1 July of the current year, then early elections should be held in the nearest single election day (the second Sunday of September, this year September 13). But if after 1 July in the next year. So in the case of Khabarovsk Krai, the acting will be even more than a year in order to rabotaetsya, to earn credibility, and become elected. You look, and people will calm down, get used to it. It’s not something to hold elections right now, when the situation in region is tense.
by the Way, Vladimir Putin has another opportunity to appoint a person to the post of head of region – interim head, while Furgala formally resigned not sending. The same law allows you to appoint interim, if the incumbent Governor charged with committing a crime (in this case any). That is the Governor sitting in jail or under house arrest or on bail, awaiting trial, and is still the Governor, but the region has no control – it makes appointed President of the ACTING. If the court finds the Governor guilty, he will retire automatically and be sent to serve his sentence. And if not – has the right to return to the performance of their powers. But this option President Putin has never been used. In addition, the cases against the governors investigated for years: the same Alexander Khoroshavin, after being arrested in 2015, the verdict has waited only in 2018. Vyacheslav Gaizer was in prison from 2015 to 2019, and Nikita Belykh, from 2016 to 2018.