Эрүүгийн хуулийг дахин “самарна”

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УИХ-ын гишүүн О.Батнасан нарын гурван гишүүний санаачлан боловсруулж энэ сарын 24-ний өдөр өргөн мэдүүлсэн Эрүүгийн хуульд өөрчлөлт оруулах тухай хуулийн төсөл-ийн үзэл баримтлалыг хэлэлцэх эсэх асуудлыг Хууль зүйн байнгын хорооны хуралдаанаар хэлэлцлээ. Төсөл санаачлагч гишүүн О.Батнасан энэ талаар хийсэн хууль санаачлагчийн илтгэлдээ, 2015 онд батлагдсан Эрүүгийн хуулийн шинэчилсэн найруулгаар гэмт хэрэгт холбогдсон өсвөр насны хүүхдэд хүлээлгэх эрүүгийн хариуцлагыг өмнөх хуулиас дордуулж зохицуулсан нь амьдралд багагүй асуудал, шүүмжлэл дагуулж, 18 нас хүрээгүй хүүхдийг аль болохоор хорихоос өөр ялаар шийтгэх хувилбарыг баримтлах олон улсын гэрээ, конвенци, пактын зарчимд нийцэхгүй байна. Эрүүгийн хуулиар гэмт хэргийг “хөнгөн” ба “хүнд” хэмээн ангилж буй ангилал нь насанд хэрэгчдийн үйлдэж байгаа гэмт хэргийн шинж чанар, хор хохирол болон бусад шинж чанарыг нь үндэслэж ангилсан ангилал бөгөөд үүнийг насанд хүрээгүй хүүхдийн үйлдсэн гэмт хэрэгт шууд хамааруулан авч үзэх нь учир дутагдалтай юм.

Практикт 14-17 насны дөрвөн хүүхэд хүнсний дэлгүүрээс 110 мянган төгрөгийн талх, боорцог, чихэр гэх мэт хүнсний зүйл хулгайлсан үйлдэлдээ Эрүүгийн хуулийн хулгайлах гэмт хэргийн тусгай ангийн 17.1 дүгээр зүйлийн 2.1 дэх заалтын “хүн байнга амьдрах, үйл ажиллагаа явуулах зориулалттай орон байр, тусгайлан хамгаалсан байр, агуулахад нэвтэрч гэмт хэрэг үйлдсэн” хэмээх зүйл ангид хамаарч, энэ зүйл анги нь “хүнд” гэмт хэргийн ангилалд багтах тул дээрх хүүхдүүд хорих ялаар шийтгүүлж байна. 2017 оны 07 дугаар сарын 01-ний өдрөөс хойш буюу Эрүүгийн шинэ хууль хэрэгжиж эхэлснээс хойш хорих ял эдэлж байгаа хүүхдийн тоо эрс өсчээ. Тухайлбал, 2017 оны 07 дугаар сарын 01-ний байдлаар 21 хүүхэд гэмт хэрэгт яллагдаж, 9 хүүхэд хорих ангид ял эдэлж байсан бол 2018 оны 05 дугаар 01-ний байдлаар 58 хүүхэд гэмт хэрэгт яллагдаж, 59 хүүхэд хорих ангид ял эдэлж байна.

Иймээс гэмт хэрэгт холбогдсон өсвөр насны хүүхдийн эрх зүйн байдлыг нь дордуулж зохицуулсан Эрүүгийн хуулийн 8.1 дэх “Өсвөр насны хүнд эрүүгийн хариуцлага хүлээлгэх үндэслэл” зүйлийн 4 дэх хэсгийн “Хүнд гэмт хэрэг үйлдсэн өсвөр насны хүнд ял оногдуулахгүйгээр энэ бүлэгт заасан хүмүүжлийн чанартай албадлагын арга хэмжээг дангаар хэрэглэж болохгүй” гэсэн заалтыг хүчингүй болгох, мөн хуулийн 8.6 дахь “Өсвөр насны хүнд хорих ял оногдуулсан шүүхийн шийтгэх тогтоол биелүүлэхийг хойшлуулах” зүйлийн 1 дэх заалтын болон тус хуулийн 8.7 дахь “Хүмүүжлийн чанартай албадлагын арга хэмжээ” зүйлийн 1 дэх заалтын “хөнгөн” гэснийг тус тус хасч өөрчлөлт оруулах нь зүйтэй гэж үзэж,  Эрүүгийн хуульд өөрчлөлт оруулах хуулийн төслийг боловсруулсан гэдгээ дурдав.

Хууль санаачлагчийн илтгэлтэй холбогдуулан Улсын Их Хурлын гишүүн Н.Оюундарь, Ц.Мөнх-Оргил, Ш.Раднаасэд, Х.Нямбаатар нар төсөл санаачлагч гишүүн болон ажлын хэсгээс асуулт асууж тодруулан, үг хэлж байр сууриа илэрхийллээ. Тухайлбал, Улсын Их Хурлын гишүүн Х.Нямбаатар Эрүүгийн хууль, Зөрчлийн тухай хуулийн хэрэгжилтийн талаар хуулийн салбарынхны дунд хэлэлцүүлэг зохион байгуулснаас хойш нэлээд хугацаа өнгөрөөд байна. Алдаа  оноогоо хурдан засч цэгцлэх шаардлагатай байтал Засгийн газар хуулийн өөрчлөлтийн талаарх төслөө оруулж ирэхгүй цаг хугацаа алдаж байна гээд нэр бүхий гишүүдийн санаачилсан хуулийн төслийг дэмжиж байгаа, гэхдээ томъёолол дээрээ эргэж харж анхаарахгүй бол хуулийн гажуудал үүсч мэдэхээр байна гэдгийг хэллээ.

Ингээд хуралдаанд оролцсон гишүүдийн 90.9 хувь нь Эрүүгийн хуульд өөрчлөлт оруулах тухай хуулийн төслийн үзэл баримтлалыг хэлэлцэхийг дэмжсэн бөгөөд хуулийн төслийг дараагийн шатны хэлэлцүүлэгт бэлтгэх үүрэгтэй Байнгын хорооны ажлын хэсгийг Улсын Их Хурлын гишүүн Н.Оюундариар ахлуулан байгуулахаар тогтов.

Байнгын хорооны хуралдаанаар Нийслэлийн эрх зүйн байдлын тухай хуулийн шинэчилсэн найруулгын төсөлтэй хамт өргөн мэдүүлсэн Зөрчлийн тухай хуульд нэмэлт оруулах тухай хуулийн төслийн анхны хэлэлцүүлгийг хийх явцад Улсын Их Хурлын гишүүн Х.Нямбаатар, Ш.Раднаасэд, О.Батнасан, Б.Дэлгэрсайхан, Ж.Ганбаатар, Н.Оюундарь нар асуулт асууж тодруулан байр сууриа илэрхийлсэн юм. Асуулт асууж, үг хэлсэн гишүүдийн дийлэнх нь нийслэлд амьдарч ажиллаж байгаа иргэд, үйл ажиллагаа явуулж байгаа байгууллага, аж ахуйн нэгжүүдийг хариуцлагажуулж, үүрэгжүүлэх үүднээс төсөлд тусгагдсан торгуулийн арга хэмжээ авахтай холбогдсон заалтуудыг зарчмын хувьд дэмжиж байгаа ч хүлээлгэх хариуцлагын үндэслэл, түүнийг хэрэгжүүлэх субъект нь тодорхой бус байгаад шүүмжлэлтэй хандаж байв. Тиймээс дэгийн хуульд заасны дагуу Нийслэлийн эрх зүйн байдлын тухай хуулийн шинэчилсэн найруулгын төслийн анхны хэлэлцүүлгийг үндсэн Байнгын хороогоор нь хэлэлцсэний дараа Зөрчил хянан шийдвэрлэх тухай хуульд өөрчлөлт оруулах хуулийн төсөлтэй хамт хэлэлцэх нь зүйтэй гэж үзсэний үндсэн дээр Зөрчлийн тухай хуульд нэмэлт оруулах тухай хуулийн төслийн анхны хэлэлцүүлгийг түр хойшлуулсан юм.

Дараа нь Ажлын хэсэг байгуулах тухай асуудал хэлэлцээд Согтуурах, мансуурах донтой хүнийг захиргааны журмаар албадан эмчлэх тухай хуулийн шинэчилсэн найруулгын төслийг хэлэлцүүлэгт бэлтгэх үүрэг бүхий ажлын хэсгийг Улсын Их Хурлын гишүүн Н.Оюундариар ахлуулан байгуулж ажиллуулахаар тогтлоо.    

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