Court takes control over reinstatement of Kubey community head

The Odesa District Administrative Court has taken control over the enforcement of its ruling in the case brought by Petro Kyssa against the Kubeyske Village Council of Bolhradskyi District, Odesa Region, to declare unlawful and cancel the decisions of the village council, reinstate him as chairman and recover his average salary.

According to the court' s ruling, the Kubeyske village council must report on the implementation of the decision and reinstatement of Petro Kyssa within thirty days after receiving this court ruling.

In August 2022, the Odesa District Administrative Court partially upheld Petro Kyssa's claim for recognition as unlawful and cancellation of decisions, reinstatement in office, and recovery of average earnings. In November 2022, the Fifth Administrative Court of Appeal upheld the ruling.

On May 2, Petro Kyssa complained to the court that despite the long time since the court decision to reinstate his powers as Kubey village head had entered into force, the latter had not yet been unlawfully implemented by the Kubey village council, which forced him to file this application.

In June 2023, Petro Kyssa, the head of the Kubey community, accompanied by Vyacheslav Ivashynskyi, the head of the Bolhrad Department of the State Executive Service, and the police, went to the village council and tried to return to his position.

At that time, the Odesa Court of Appeal of Odesa Oblast opened proceedings over Petro Kyssa's complaint against the decision of the Bolhrad District Court of Odesa Oblast, which in January 2023 sentenced the head of the Kubey village community of Bolhrad District of Odesa Oblast to two years' suspended imprisonment.

In December 2022, Petro Kyssa was reinstated as the head of the Kubeyska community by court order. The interim head of the community, Tetiana Zaim, complied with this decision, but on November 29, 2022, a session was convened, where the council again expressed no confidence in Kissa by an absolute majority. The decision was formalized and registered.

In May 2021, the deputy corps expressed no confidence in the mayor and terminated his powers early.

Prior to that, the Odesa District Administrative Court had recognized the relevant session decision as unlawful and canceled it. Moreover, the court reinstated Petro Kyssa in his position and granted the plaintiff's request to recover from the village council his average salary for the period of forced absenteeism from the date of dismissal to the date of the court decision. The deputies appealed to the Court of Appeal, but were unsuccessful.

Кирило Бойко