Regarding: Regarding the possibility of "statement of mistrust" to a Head of the Local State Adminitration by the correspoding Local Council
Partner: Irina Pustovitenko
Court: Regional Administration Court
Date: December, 2008

In the subject case the court discusses a possibility of a procedure of “statement of mistrust” to a Head of the Local Sate Administration by the corresponding Local Council.

The right to take this action is provided by law.  Moreover, if two-thirds of the Council’s quorum votes for it, the consequence of the statement of mistrust is a termination of employment by the President of Ukraine.
However, the law does not provide a procedure for making the decision; it also does not provide the grounds for the statement of mistrust. This gap and uncertainty leads to disputes.  There are ancillary issues of interest relating to decree:

• Whether statement of mistrust requires a cause, or is a specific investigation of an issue and cause required?
• How and by whom is the secret ballot counted?