Paul
Goble
Staunton, December 28 – The vote
last week by the city council of Petrozavodsk to fire Galina Shirshina as mayor
could be reversed by the courts because the independent mayor enjoys support in
Moscow but even if that does not happen, her case is already backfiring on
republic head Aleksandr Khudilyanen and United Russia.
That is because the deputies
violated the law on removing mayors and because the authorities failed to bring
criminal charges against her as they have done in other cases when the powers
that be wanted to dispense with an opposition figure, and thus, Shirshina’s
case removes the fig leaf of legitimacy for the law the deputies claimed to be
using.
In today’s “Nezavisimaya gazeta,”
Aleksey Gorbachev and Garmonenko call attention to these risks, ones that they
suggest are especially great because the deputies so cavalierly violated the
provisions of the 2009 law on removing mayors and because the authorities
failed to bring charges against Shirshina (ng.ru/politics/2015-12-28/1_shirshina.html).
Last Friday, the deputies of the
Karelian capital’s city council voted overwhelmingly to dismiss the independent
mayor. They cited her failure to deal with the city’s problems in the way that
they approve even though the 2009 law they invoked says a major can be removed
only for complete “non-fulfillment of duties over the course of three or more
months.”
Similar political overreaching has
occurred in other cases where city councils have sought to remove mayors, but
in all other cases, the deputies have supplemented their position by arranging
with executive officials to bring criminal charges against their target thus
making it more difficult for the individual to appeal.
That did not happen with Shirshina,
and now she is preparing to sue to recover her office, according to Yabloko
president Emiliya Slabunova, even though the latter says that her party does
not have any particular illusions about their ability to achieve success.
Nonetheless, she says, “we will try.”
According to Slabunova, the Karelian
leadership has “by itself transformed Shirshina into a federation-level
politician,” and that means that Shirshina could return “either as a deputy of
the State Duma or the Legislative Assembly.”
Moreover, experts say, it is not excluded that the courts may restore
her to the mayor’s office.
According to the “Nezavisimaya
gazeta” journalists, sources in the Presidential Administration have told them
that the Kremlin doesn’t have problems with her and has cleared her to serve on
committees chaired by Vyacheslav Volodin, the deputy head of the Presidential
Administration. The courts could thus find for her without the Kremlin opposing
that.
Aleksandr Kobrinsky, a lawyer who
serves in St. Petersburg’s legislative assembly, says she has a good case.
“From a legal point of view,” he argues, the Petrozavodsk deputies misapplied
the law by focusing on what she had done rather than by arguing that she had
failed to perform her duties for three months as the law requires.
His argument was echoed by Nikolay
Mironov, head of the Moscow Center for Economic and Political Reforms. Mironov added that even if the law’s
provisions had been followed, the law itself is anti-constitutional because it
allows deputies to remove an elected official for his or her position without
consulting the people, who under the Russian Constitution are “the source of
power.”
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