This is due to the legal mechanism of its implementation not prescribed in the court decision. On this on Wednesday, June 7, said the deputy of the faction "Solidarity" in Kiev, Vladislav Mikhailenko.
According to him, the current law says that it is impossible to carry out this decision for several reasons. First, in order to abolish any regulatory act of the collegial body, it is necessary to prepare an appropriate draft act on its abolition, and the court decision does not have such a definition.
Second, in order for such a decision to be made, the draft decision on cancellation should be effectively supported by a 61 vote. No one except the voters - neither the court nor the Cabinet of Ministers nor the Antimonopoly Committee - can force the deputies to vote "for" or "against" a particular draft of the normative act, "Mikhailenko explained, adding that in accordance with the legislation, the normative Acts are canceled in the order of administrative proceedings, that is, by decision of an administrative court, not an economic court.
Vesti with a deputy explain that now the legal department of Kyivrada is preparing a cassation appeal against the decision of the Kiev City Court to abolish the ban on the retail sale of alcohol at night, which will be filed in the coming days.
If the city loses and this court and if the court decision is set out similarly to the decision of the appellate instance, the city authorities will not take any action to implement it, - assured the politician.
Recall, Kyivrada imposed a ban on the sale of alcoholic and low-alcoholic beverages at retail stores on September 22, 2016.
As reported URA-Inform, the decision of the Kyiv Economic Court of Appeal, which leaves in force the decision of the Economic Court of Kiev, obliging the capital authorities to lift the ban on the sale of alcoholic beverages in the capital at night, came into force on June 6, 2017.