The forced resignation of the head of the Buinaksk district was in violation of the law.
The deputies' decision to strip Ullubiy Khanmurzaev, who left for the Northern Military District, of his powers as head of the Buinaksk District is contrary to the Labor Code.
As reported by "Caucasian Knot," on November 21, the Buinaksk District administration announced the termination of the powers of Ullubiy Khanmurzaev, head of the district, due to his "failure to fulfill his responsibilities in resolving local issues" for more than three months. This decision was supported by 43 district council deputies. Khanmurzaev objected to the dismissal of contract soldiers stationed in the Northern Military District (NMD) zone, contradicting the Labor Code. He recalled that, upon leaving for the Northern Military District (NMD), he delegated the duties of head of the district to his deputy.
The deputies pointed out that Khanmurzaev failed to notify the parliament of his decision when signing his contract with the Ministry of Defense. The head of Dagestan Sergey Melikov indicated in his resolution that he supports the initiative of the district assembly to terminate the powers of the head of the district. According to Chernovik, Khanmurzaev's resignation had been in preparation since October and was initiated by Sergei Melikov.
According to Article 351.7 of the Labor Code, an employee retains his position during the period of suspension of his employment contract, lawyer Magomed Abakarov told a "Caucasian Knot" correspondent.
"During this period, the employer has the right to conclude a fixed-term employment contract with another employee for the duration of the absent employee's duties at the specified place of work," he said.
Article 351.7 of the Labor Code states that in the event of a contract for military service during mobilization, the employment contract concluded between the employee and the employer is suspended for the period of the employee's military service. service.
The lawyer emphasized that the employment contract with a mobilized or contract soldier who has left for the Air Defense Forces "is not terminated, but rather suspended for the duration of his service."
The courts will not want to antagonize Melikov
"The basis for renewing a suspended employment contract is the employee's actual return to work. In this case, the dismissal can be challenged in court. However, it is unlikely that a lawsuit will be successful for the dismissed district head, as the courts will not want to antagonize Melikov," Abakarov said.
On the conclusion of a contract with the Ministry of Defense and the expected deployment to the combat zone, Ullubiy Khanmurzaev stated back in May, shortly after unofficial reports emerged of a search of his home.
It is possible that the district council deputies who removed the district head, who was officially sent to the SVO, could be held accountable, noted political scientist Albert Esedov.
There is a violation of Article 351.7 of the Labor Code.
"In this case, there is a violation of Article 351.7 of the Labor Code of the Russian Federation, which prescribes the suspension of an employment contract for the duration of service, and dismissal should result in a fine under Article 5.27 of the Code of Administrative Offenses of the Russian Federation, which establishes administrative liability for violating labor laws and other regulatory legal acts containing labor law standards," Esedov explained. to a "Caucasian Knot" correspondent.
According to the political scientist, there are allegations that Ullubiy Khanmurzayev was a protégé of the influential former Secretary of State Magomed-Sultan Magomedov, and after law enforcement officials raised questions about him, they also took action against the district head.
On June 25, security forces detained Magomed-Sultan Magomedov, and on July 1, it was announced that he had been dismissed from his post as Secretary of State. The FSB has voiced a theory that Magomedov was involved in the theft of Dagnefteprodukt, the largest federal oil transshipment complex in the North Caucasus, from the state. During his time as Secretary of State, Magomedov was not an active public figure, but he used his post to form an influence group in the republic, according to local analysts.
"One should also take into account the fact that Khanmurzaev went to the SVO zone in connection with questions that arose for him from law enforcement agencies and information about searches that preceded his departure to the SVO," Esedov noted.
Ullubiy Khanmurzaev was not an outsider in the Buinaksk region, a Dagestani journalist told a "Caucasian Knot" correspondent on condition of anonymity.
Khanmurzaev had no conflicts with local elites in the region.
"He grew up in He lives in Buinaksk, knows the area well, and has relatives in the villages of the Buinaksk district, although his family originates from the Karabudakhkent district. Khanmurzaev had no conflicts with local elites in the district regarding "friends or foes." "It's difficult to evaluate Khanmurzaev's performance. It's difficult to say whether he distinguished himself in any significant way compared to his predecessors," he told a "Caucasian Knot" correspondent.
The journalist suggested that Khanmurzaev's resignation is directly related to Melikov's dissatisfaction. Moreover, this dissatisfaction is not caused by objective indicators of the district's development or the materials of any criminal cases, but rather by irritation over the fact that Khanmurzaev did not resign "at his first unspoken request."
"As for Khanmurzaev's departure to the SVO, it is related to reports of searches and criminal cases in the district." "However, as far as we know, these cases do not directly affect him, and at present there are no prospects for holding Khanmurzaev accountable, as no grounds for this have been found in the investigation materials," the journalist said.
As a reminder, Ullubiy Khanmurzaev is a former investigator with the Investigative Committee of Russia. He was appointed acting head of the Buinaksk District Administration in January 2023. In the lead-up to the district head elections, district council deputies reported pressure. On July 5, 2023, Khanmurzaev was elected head of the municipality, his candidacy supported by all 36 deputies participating in the session.
Translated automatically via Google translate from https://www.kavkaz-uzel.eu/articles/417499