After last year, the inhabitants of Popasna were physically beaten by the enemy with shells, rockets, and hail, a year later they decided to finish off the bad guys from the police station, but their own officials. Next, the ZARAZ.INFO editorial office will tell everything with factual evidence.
(Technical translation from Ukrainian).
Screenshot/ appeal of the teachers of Popasna to the editors of ZARAZ.INFO
At the end of May of this year, a group of teachers approached the editors of ZARAZ.INFO with a request «Can we turn to you for help in spreading the word about the closure of our schools. Dismissal of teachers without any payments» (see screenshot) and sent their collective appeal with 36 signatures, which we made public on 30.05.2023 in the publication «Immigrant teachers from Popasna regarding Khanatov’s attempt to suspend the educational process and leave educators without income collectively appealed to the authorities » together with the order of the head of the Popasnyaska city military administration, M. Khanatov, which was not made public (!!!) on the website of the Popasnyaska MBA.
Screenshot from the website of the Popasnian MBA from 05/28/2023 regarding the absence of Order No. 30 of 05/18/2023 of the head of the PMVA
The editors also received a collective appeal from the children’s parents, which we also published in the article «Children with a flash mob, and parents with a collective appeal opposed the closure of Popasnyan Lyceum No. 24 by officials Khanatov, Lagutina and K?«
The legal illegality of order No. 30 dated 18.05.2023 of Khanatov in the facts
Mykola Khanatov, the head of the Popasnian city military administration, issued Order No. 30 dated 05/18/2023 «On the suspension of the educational process in certain general secondary education institutions of the Popasnian territorial community during the period of martial law» (see here). Let’s deal with the legal (Not?) legality/legitimacy of this «normative act».
Question #1
Order No. 30 dated 05/18/2023 has not been published on the Popasnyaska MBA website since its signing, which is a violation of Article 15 of the Law of Ukraine «On Access to Public Information». That is, it, as a normative act of general effect, has not been brought to society — residents of the community.
And if the society does not know about the normative act (it is not notified), then it may not be implemented, because there is nothing to implement — they do not know what to implement?! This is how every citizen can interpret an unpublished normative act. And as for the fact that this act was allegedly distributed «through the hands» and «social networks» (clever public activist S. Chubom, ed.), then remember the well-known axiom that laws (as well as Presidential Decrees) come into force only after their publication on certain information resources, even though the society knows about their adoption before that. In our case, what does the «law enforcer» official of Popasnya Shtib have more power than the President and the Verkhovna Rada?
On this occasion, in a telephone conversation, ZARAZ.INFO journalist asked the head of the Popasnyaska MBA, Mykola Khanatov (we insist on listening to the full comment «without tearing out the context» in the video below).
Journalist: Tell me why the order was not published on the website of Popasnyaska MBA?
Khanatov: Because now martial law is in effect and these orders do not need to be published. But you saw that it was published in social networks.
Journalist: Hold on, a social activist published this on social networks (S. Chubred.). But this order did not reveal any military secrets, it is of public effect, for example, you have an order on this website published in May regarding the budget. What is the secret of this order, it does not say that it is for official use?
Khanatov: If there was some secret you didn’t see, then what the activist published, I don’t see a problem with it.
We would like to remind you that item 10 of Article 10 of the Law «On the Legal Regime of Martial Law» informationally limits the effect of the Law «On Access to Public Information» only in two cases: 1) exempts officials from publishing draft regulations «10 working days before the date of consideration» ; 2) not to publish «the list and conditions of receiving services provided by these bodies, the forms and samples of documents, the rules for filling them out.»
Therefore, only on the basis of non-promulgation of the regulatory act, any resident of the local community can prove the legal invalidity of such a document in court.
By the way, after our phone conversation with Khanatov, regarding the unlawfully unpublished Order No. 30, a new Order «On the Suspension of the Order of the Head of the Popasnian City Military Administration No. 30 dated 05/18/2023 No. 30» dated 05/30/2023 No. 41 was published on the website of the Popasnyansk MBA .
Question #2
In the operative part (or paragraph 2, page 1) of Order No. 30, it is indicated what the chief is guided by, motivating the issuance of his order, but it is not indicated on the basis of which the need to create this regulatory document arose, for example, instructions, orders «from above» (district, regional BA, Ministry of Education) or expert report/conclusion of the department of education, finance department, legal department, general meetings of teachers, etc.
Can any of the readers (including the author of the document) explain the wording: «in connection with bringing the network of educational institutions in line with the actual state of implementation of the educational process»? Some kind of tautology. Sorry, but we understand/read this phrase at the level of humor of the «95th quarter»: why bring educational institutions to the actual state, when they are already in it? Is that how the main comedian of the country laughs at us through the lips of the priestly clerk whom he appointed to this position?
Screenshot/ page 1 Order No. 30 dated 18.05.2023 of the head of the Popasnian MBA
Official’s comment
Journalist: Who is the initiator of this order?
Khanatov: The initiator of this order is lack of funds. According to the accounting department of the education department, 30 million hryvnias are needed to maintain six institutions of the Popasnya community. Due to the fact that the number of children has decreased by a significant number, we are allocated only UAH 24 million in subvention from the state budget for education, that is, UAH 6 million is not enough to maintain all these institutions. Therefore, we worked with each institution, looked at which one had the lowest percentage of retention of the student contingent, and because of this, such a decision was made. But we know that there are certain changes, projects of changes in some legislative documents, and we are also looking for additional funds in order to protect all teachers. And maybe, maybe it is not yet certain, this order will be, as you called, suspended temporarily while searching for additional options for exiting the situation.
Journalist: So you want to say that the budget of the community of the city of Popasnaya did not receive funds for teachers’ salaries, that the state subsidy is not transferred, that there are no funds for teachers?
Khanatov: I want to say what I want to say. I repeat what I have already said. The money goes, is calculated according to the formula based on the number of children. We had 1,700 students, and now there are 1,100 students, and the subsidy is given according to the formula based on the calculation per student. Due to the fact that the number of students has decreased accordingly and the educational subsidy has decreased, while the number of teachers remains the same. Therefore, these funds are not enough.
(Listen to the full “out of context” commentary in the video below.)
Question #3.
Quote from paragraph 1 of the Order: «I undertake: To suspend the educational process…».
That is, without promulgation of the Order, without any reason, with an unclear interpretation of «in connection» and guided by the LIMITED powers granted by law, Chief Khanatov indicates: «I oblige: To suspend the educational process…»? And for what term — it is not indicated anywhere in the document! That is forever?
The legislator used the word «suspend» in relation to labor relations during martial law, and we will consider this separately later. In order to understand the legal legitimacy and definition of the word «suspend» in our case, it is necessary to turn to lawyers and various legal monographs, such as «LEGAL TERMINOLOGY: CONCEPTS, FEATURES, TYPES» by Mariana Lyubchenko (National University of Law named after Ya. Mudry).
Question #4.
Let’s now consider the most important violation of the law, which was announced in Order No. 30 dated 18.05.2023 of the head of the Popasnian MBA, M. Khanatov.
Paragraph 3 of this order states: «The head of the department of education, culture, youth and sports Olena Lagutinia, directors Anatoly Gupal, Nataliya Xenofontova to take measures to suspend the employment contract with the employees of the institutions specified in paragraph 1 of this order, which is due to the impossibility of further providing for the employees institutions, specified in paragraph 1 of this order, work in accordance with the procedure established by Article 13 of the Law of Ukraine «On the Organization of Labor Relations in Martial Law».
P.1 of Art. 13 of the above-mentioned law indicates: «Suspension of the employment contract is a temporary termination by the employer of providing the employee with a job and a temporary termination of the employee’s performance of the work under the concluded employment contract in connection with the armed aggression against Ukraine, which excludes the possibility of both sides of the employment relationship to perform their duties , stipulated by the employment contract.
The suspension of the employment contract can be carried out at the initiative of one of the parties for a period no longer than the period of martial law. In the case of a decision to cancel the suspension of the employment contract until the termination or cancellation of martial law, the employer must notify the employee of the need to start work 10 calendar days before the resumption of the employment contract.
But with regard to the norm of this law, experts of the Eastern Interregional Administration of State Labor explain that in accordance with Article 13 of Law No. 2136-IX «On the Organization of Labor Relations in the Conditions of Martial Law» (hereinafter — Law No. 2136), the suspension of the employment contract is a temporary termination the employer providing the employee with a job and the employee’s temporary termination of the performance of work under the concluded employment contract in connection with armed aggression against Ukraine, which excludes the possibility of both sides of the employment relationship to fulfill the duties stipulated by the employment contract.
In order to suspend the employment contract, two conditions must be met:
1) the employer cannot provide the employee with a job;
2) the employee cannot perform it.
If at least one of the specified conditions is not fulfilled, then there is no reason to suspend the employment contract!!!
Let’s explain for reference. The norm of Article 13 of the aforementioned law can be applied in relation to, for example, a utility company. For example, in KP LKSP «Lysychanskovodkanal» they suspended the employment contract with some workers legally, because the plumber in evacuation cannot actually perform his work on repairing water pipes, and the company cannot provide him with such work. In the situation with teachers, such a norm cannot be applied — they actually taught students via Zoom/Skype, and the Lyceum/Education Department/Popasnian MBA could provide them with work before this conflict, especially since distance education was lobbied/implemented by the Ministry of Education (including h. and during quarantine).
Screenshot/ page 2 Order No. 30 dated 18.05.2023 of the head of the Popasnian MBA
The suspension of the employment contract is formalized by an order (order) of the employer, which, in particular, states:
information about the reasons for the suspension, including the inability of both parties to perform their duties;
method of information exchange;
the term of suspension of the employment contract;
number, categories and surnames, first names, patronymics (if available);
the registration number of the taxpayer’s registration card or the series and passport number (for individuals who, due to their religious beliefs, refuse to accept the registration number of the taxpayer’s registration card and have notified the relevant supervisory body about it and have a mark in the passport) of the relevant employees;
conditions for the renewal of the employment contract.
The employer submits an order (order) on the suspension of the employment contract concluded with officials of state bodies and local self-government bodies for approval to the military administration exercising its powers in the relevant territory (military administrations of settlements and district military administrations, and in their absence — regional).
Have the relevant orders been issued?
Reimbursement of wages, guarantee and compensation payments to employees during the suspension of the employment contract is fully entrusted to the state that carries out armed aggression against Ukraine.
Question #5.
Why did the head of the department of education, culture, youth and sports Olena Lagutina, directors of lyceums Anatoliy Gupal (#25), Nataliya Ksenofontova (#24) not comply with the order of the head of Khanatov within 12 days before the issuance of the new order «On the suspension of the order #30…» and did not issue appropriate orders?
There are two possible answers. The first: either they considered that this document is worthless — it has no legal force, but then they should contact the top management of the district (R. Vlasenko) and the region (A. Lysogor) about the illegality of Order No. 30 and Khanatov’s incompatibility with the position he holds. The second: these subordinates «scored» the implementation of the Order of their manager, but in this case, Khanatov should raise questions about the punishment/dismissal of his subordinates. And if neither the same nor the other party does this, then the head of the Severodonetsk RDA R. Vlasenko and the head of the Luhansk Regional State Administration A. Lysogor should deal with personnel issues in Popasnaya in accordance with their duties and powers (management and control).
Question #6.
In this «guly-document» distributed on the social network, it is not specified who should monitor the implementation of Order No. 30?
Question #7.
And with whom was Order No. 30, which is so influential in terms of its negative consequences for the residents of the community, agreed? This is not stated in the document! We asked some officials of the Popasnian city military administration.
Commentary by M. Khanatov, head of the Popasnian MBA
Journalist: And with whom was the order agreed?
Khanatov: The order will be agreed according to our provision, it is first prepared by the head of the education department and agreed with the finance department, with a lawyer, that is, there is a list of officials with whom he agrees.
Journalist: Tell me exactly with whom this order was agreed? Was it agreed with Lagutina, the head of the department of education, culture, youth and sports?
Khanatov: It is not something that has been agreed upon, it is an order being prepared (by the head of the education department — ed.).
Journalist: Was it agreed with the legal service?
Khanatov: It was agreed!
Journalist: What about financial?
Khanatov: I just told you that all services are available, and you are asking me. Are you trolling me or what?
Journalist: No, I’m clarifying.
Khanatov: Everything I say is 100 percent true, I’m not kidding.
And now attention! Compare Khanatov’s answers with O. Lagutina, the head of the Department of Education, Culture, Youth and Sports of the Popasnyaska MBA, and make your own conclusions as to where the truth is and where the lies are.
Journalist: I want to ask a question regarding order No. 30 of May 18, 2023 of the head of the Popasnyaska MBA. Regarding teachers and schools/lyceums. Did you prepare this order?
Lagutina: Where did you get the information that I prepared it?
Journalist: I ask, did you cook or not?
Lagutina: There, the order was prepared by a lawyer and signed by the head of the military administration. So far today there was a meeting, maybe after which this order will be temporarily suspended. Therefore, we have a lot of work and a lot of responsibility for the fact that we are appointing someone there, or reducing them, some other processes are taking place.
Journalist: Did you prepare this order or not?
Lagutina: I repeat once again, it was prepared by a lawyer of the military administration.
Journalist: Did you agree to this order?
Lagutina: They communicate with me, of course.
Journalist: Does not have your approval on this order?
Lagutina: No approval.
Journalist: Did you put your signature or not?
Lagutina: We do not have such rules to put your signature on the order, or to be approved by the head of the department. The order is adopted unilaterally by the head of the military administration.
Journalist: Do you think such an order is legal or illegal? Comment.
Lagutina: Everything is within the framework of the law in accordance with the legislative acts, that’s for sure. If in relation to the law. I am saying that nothing illegal happened.
O. Sidorenko, the acting head of the department of personnel management and legal work (chief specialist in issues of prevention and detection of corruption) of Popasnyaska MBA, refused to comment.
And the head of the department-chief accountant of financial and economic support of Popasnyaska MBA, K. Honcharenko, to the journalist’s question «did you give your consent or not» to the order No. 30 dated 05/18/2023, answered: «Yes, I gave my consent.»
To your attention. After our telephone conversation with the officials of the Popasnian MBA, Khanatov, Lagutina, Sidorenko, Honcharenko, regarding their approval or not of Order No. 30, in Khanatov’s response letter to the teachers to the collective appeal sent to us by the teachers in the editorial office, two surnames appeared (Olena Lagutina , Oleg Sidorenko) with telephone numbers without indicating the positions of these persons and in what capacity they are indicated in the document: whether they prepared the document, whether they agreed, or whether they were contact persons. On the Ordinance No. 41 published on the website, there is a seal, but these two nicknames are missing.
Screenshot/ Excerpt (last 4 pages) from M. Khanatov’s answer dated 05/30/2023 to the teachers of Popasnaya
Question #8.
We all make mistakes, and smart people correct them and apologize if their actions affected others, but this is not about «Khanatov and K».
After publicizing the event with the adoption of the scandalous Order No. 30 and alleged unpleasant conversations with managers «from above» at Khanatov, who graduated from three universities (did he receive/buy diplomas?), including Master of Civil Service (2006) at SNU named after V. Dalya, there was enough time to consult with lawyers and google the Internet to correct my fatal mistake. But in the reply letter (dated 05/30/2023) to the teachers to the collective appeal, Khanatov insists: 1) «…the decision to suspend educational activities at Popasnyas Lyceum No. 25 and Popasnyas Lyceum No. 24 was made in strict accordance with the requirements of current legislation» (see 2 pages); 2) «…the adoption of a decision on the suspension of labor relations with the teaching staff of institutions is carried out in accordance with the provisions of Article 13 of the Law of Ukraine «On the Organization of Labor Relations in the Conditions of Martial Law»…» (see page 4). and issues at this time Order No. 41 on the suspension of the questionable legitimacy of Order No. 30 instead of an apology and cancellation of Order No. 30. That is, there is a fact of trying to hide official negligence. And here comes the question of official inadequacy of the position, what do you think?
Question #9:
Let’s repeat: we all make mistakes, and smart people correct them and apologize if their actions affected others, but this is not about «Khanatov and K».
In Khanatov’s response letter to the teachers to the collective appeal, he tries to blame the teachers! And in what? «However, Popasnian Lyceum No. 25 has the lowest rate of student retention (57%) compared to other educational institutions… Based on the above, the Popasnya City Military Administration comes to the conclusion that the administration and teaching staff of the institution irresponsibly treated the duties assigned to them by the law and were not interested in keeping students, which led to the loss of a large number of schoolchildren, «the chief writes. If the statistics of the decrease of students even correspond to reality, is it their direct personal fault, or is it the objective circumstances of the consequences of the war? Which fool/smart person in the boss’s circle wrote this text, and most importantly, which «smart person» signed it? (However- NaKipelo! -ed.).
The teachers correctly wrote in their rebuttal to such «reasonable» groundless conclusions of the official(s) of Popasna, who are morally killing teachers-immigrants-refugees from the war (as well as students and their parents): «The letter states: «As of 24.02.22 403 students were studying at the institution, as of 09/01/22 there were 228 of them, as of 05/25/22 only 219 students are getting an education».
We believe that it is necessary to take into account not the number of lost students, but the number of children GETTING an education at the lyceum this academic year. Since, according to the Law of Ukraine «On Education» Article 55 (Parents of education seekers have the right to choose the educational institution, educational program, type and form of obtaining the appropriate education for their children).
The decrease in the number of students in educational institutions began in February 2022 as a result of the military aggression of the Russian Federation, the beginning of hostilities in our city, when residents were forced to evacuate to various regions of Ukraine and beyond. Contact with the students’ families was lost for some time.
But, despite this, in a short period of time, in April, our educational institution resumed the educational process in remote mode, the student base was restored, class teachers maintained contact with students. And as of September 1, 2022, the number of lyceum students was 228.
During the academic year, the number of students decreased slightly, but this number is one of the largest indicators of RETENTION of students in educational institutions of the community (II).
Therefore, the conclusion that «the administration and the teaching staff irresponsibly treated the duties assigned to them by the law and was not interested in maintaining (saving) the number of students, which led to the loss of a large number of schoolchildren» is groundless.
The team questions the unfounded conclusions regarding the number of students during the monitoring.
With regard to another conclusion, that «the OKMS department monitored the quality of distance learning, the results of which determined the lowest rate of class attendance by students of Popasnyan Lyceum No. 25.» The teachers also gave a worthy answer to the difference from the superiors with a factual evidence base, tables, diplomas of students who won various competitions/olympiads and declared that such a conclusion does not correspond to reality (read — Khanatov and the teachers of Popasnaya will exchange collective appeals, answers and refutations. And trade unions and human rights defenders are silent?).
Regarding the Order and Khanatov’s «answer», many ethical and unethical statements of citizens appeared on social networks.
Screenshots from Facebook/citizen comments regarding the suspension of work at Popasnia Lyceums #24 and 25 and the termination of labor relations with teachers
Question #10.
About the alleged «limited budget». Ordinance No. 30 does not raise the question of the limited resource of finances in the budget of Popasnaya! Moreover, in relation to the scandalous story of the attempt to buy modular houses, the local editor of the Popasna.Sita website asks the question in the video: «why buy 15 residential modular houses for UAH 15 million now?». Public activist Pryheba also spoke about «How they make money from IMMIGRANTS«, talking about these houses with a trail of corruption. And the editors of ZARAZ.INFO hint at the corrupt flavor of this purchase and the connection with the scandal about the embezzlement of 5 million budget funds on purchases in the Gostomel community in the publication: «SBU warns! «Vagonchiki» Khanatov, and what is the role of the National Police in the Luhansk region in this scandalous story? Severodonetsk RDA does not begrudge either, but buys «. The management of the Severodonetsk District State Administration wanted to buy a car for UAH 2 million, when schools with a similar annual budget are closed in the district.» We can cite many more examples of budget derailment, both in Popasnaya and the region. Talking about the limited budget for teachers at this truncation of the budget with a trail of corruption — somehow the puzzles don’t fit together?
Screenshot / extract from the Appendix / number of teachers and students in lyceums No. 24 and No. 25 in Popasna
Let’s repeat once again, to the journalist’s question «Who is the initiator of this order?» in the comment, Khanatov replies: «The initiator of this order is a lack of funds…» (Listen to the full comment «without tearing out the context» in the video above).
Question #11.
According to Ucontrol data (which refers to EDR data), the authorized person/signatory/head of the Department of Education of the Popasnya District State Administration of Luhansk Oblast was our hero Mykola Mykolayovych Khanatov. And this with diplomas of technical universities and without work experience in the field of education. But in Khanatov’s biography published on the website of the Popasnian MBA, this labor activity is not mentioned. (See screenshots).
Screenshot from 06/11/2023 from the Popasnian MBA website
Question #12.
On June 8, the forum «Education of Luhansk Oblast: Restoration and Reintegration» was held in Kyiv with the participation of the Ministry of Education and Science of Ukraine, People’s Deputies of Ukraine, the Commissioner of the Verkhovna Rada of Ukraine for Human Rights, the Ministry of Reconstruction and Reintegration, the Education Ombudsman of Ukraine, the Embassy of Switzerland in Ukraine, the Luhansk Regional State Administration /OVA, as well as heads of military administrations of settlements and educators of Luhansk region.
Khanatov (and Lagutina?), who had been invited to this forum in advance, still signed the elaborate documents on May 30: Order No. 41 and the answer to the teachers.
The press service of the Luhansk Regional State Administration reported on Facebook what the oblast governor said at the forum: «The head of the Luhansk Oblast Military Administration, Artem Lysogor, noted that out of 6,000 teachers from the Luhansk Oblast, only 2,600 left for the controlled territory, and that is without taking into account the territories occupied in 2014 , so the personnel shortage will be very high.» The Minister of Education and Science of Ukraine, Oksen Lisovyi, said at the forum that there is a need for 30,000 teachers to work in the future de-occupied territories of Crimea, Donetsk and Luhansk regions. That is, the issue of retaining teachers and attracting new ones was acute at the forum.
«Children cannot be a lost generation. It is always worth fighting for children’s consciousness!» — said Artem Lysogor at the forum «Education of the Luhansk region: recovery and reintegration». Artem Lysohor, we ask you and other officials: how will educators fight for this awareness after the moral oppression of Order No. 30 «suspension of work of lyceums and labor relations with teachers»?
And here it is not a question, but one can already draw conclusions that the views and actions of Khanatov in relation to teachers are completely opposite to the goals of the Minister of Education and the head of the Luhansk Regional State Administration, and society.
After hearing this, Khanatov shamelessly went to take a group photo (see below). And after coming from the forum, he did not correct his unprofessional mistakes. How is he going to restore Popasna without teachers, «wagons» for UAH 14.2 million with a trail of corruption?
Photo of the press service of the Luhansk Regional State Administration/ Head of the Popasnyansk MBA M. Khanatov in a group photo at the forum «Education of the Luhansk Region: Restoration and Reintegration» in Kyiv 06/08/2023
Please note that in the information about this event on the website of the Popasnyaska MBA about Mr. Khanatov, they did not even mention that he was at the forum.
Let’s summarize.
The baseless accusation of teachers and the legally illegal attempt to suspend employment relations with them by the head of Popasnyanska MBA M. Khanatov and his entourage cause outrage in society, among educators, students and their parents, immigrants from Luhansk region (and not only) and in the journalistic environment of independents ( !!!) mass media.
The above-mentioned FACTS in the aggravated issues give reasons to consider as legally illegal/illegitimate the Order No. 30 dated 18.05.2023 of the head of the Popasnyaska MBA M. Khanatov and as a consequence of the dubious legitimacy of the Order No. 41 dated 05.30.2023, which affect the interests of a large number of residents of the Popasnaya community and citizens of Ukraine . The above and the given facts give reasons for representatives of civil society (teachers, parents, residents of the Popasnaya community, human rights defenders, people’s deputies and others) to put before the top management (Chairman of Severodonetsk RDA R. Vlasenko and Chairman of Luhansk State Administration A. Lysogor, Minister of Education, President and others) about the official inadequacy of the head of Popasnyaska MBA M. Khanatov and some of his entourage, who are involved in the preparation of dubious regulatory documents. We suggest that CITIZENS use their constitutional rights and make appropriate (including collective) appeals to the head of the Lugnaska Regional State Administration (and others) and lawsuits «about the illegality of Order No. 30 and official inadequacy» of the head of the Popasnian MBA, M. Khanatov, and we will inform society about the further development of events in the Popasnia community on the educational front!
And if teachers/parents continue to ignore the principles of local self-government and the CITIZEN of Ukraine and do not slap «Khanatov and K» with appeals and lawsuits for moral abuse, then the irresponsible and illegal actions of officials will continue in the community (society). And how do you think?
Volodymyr Khapchuk
«This material was produced with the support of the NGO «Institute of Mass Information» within the framework of the project of the international organization Internews Network»