Ц.Нямдорж: Хуулийн согог 2-3 жилийн дараа харагддаг

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Чуулганы өнөөдрийн нэгдсэн хуралдаанаар Үндсэн хуулийн Цэцийн 2018 оны 09 дүгээр дүгнэлтийг сонсож, уг дүгнэлтийг Үндсэн хуулийн Цэцийн гишүүн Д.Ганзориг танилцуулсан юм.

Үндсэн хуулийн Цэцийн энэ сарын 16-ны өдрийн дунд суудлын хуралдаанаар Зөрчил шалган шийдвэрлэх тухай хуулийн 8.2 дугаар зүйлийн 8 дахь хэсэг болон 9.2 дугаар зүйлийн 13 дахь хэсэгт “Зөрчлийн хэргийг хянан шийдвэрлэсэн давж заалдах шатны шүүхийн шийдвэр шүүхийн эцсийн шийдвэр байна.” гэж тус тус заасан нь Үндсэн хуулийн Арван зургадугаар зүйлийн 14 дэх заалт, Дөчин наймдугаар зүйлийн 1 дэх хэсэг, Тавьдугаар зүйлийн 1 дэх хэсгийн 2 дахь заалт, мөн зүйлийн 2 дахь хэсгийн холбогдох заалтыг тус тус зөрчсөн эсэх тухай маргааныг хянан хэлэлцэв.

Цэцийн дунд суудлын хуралдаанаас Зөрчил шалган шийдвэрлэх тухай хуулийн 8.2 дугаар зүйлийн 8 дахь хэсэгт “Зөрчлийн хэргийг хянан шийдвэрлэсэн давж заалдах шатны шүүхийн шийдвэр шүүхийн эцсийн шийдвэр байна.” гэж, мөн хуулийн 9.2 дугаар зүйлийн 13 дахь хэсэгт “Зөрчлийн хэргийг хянан шийдвэрлэсэн давж заалдах шатны шүүхийн шийдвэр шүүхийн эцсийн шийдвэр байна.” гэж тус тус заасан нь  Монгол Улсын Үндсэн хуулийн Арван зургадугаар зүйлийн 14 дэх заалтын “Монгол Улсын хууль, олон улсын гэрээнд заасан эрх, эрх чөлөө нь зөрчигдсөн гэж үзвэл уул эрхээ хамгаалуулахаар шүүхэд гомдол гаргах, … шударга шүүхээр шүүлгэх, … шүүхийн шийдвэрийг давж заалдах … эрхтэй. …”, Дөчин наймдугаар зүйлийн 1 дэх хэсгийн “… Дагнасан шүүхийн үйл ажиллагаа, шийдвэр нь Улсын дээд шүүхийн хяналтаас гадуур байж үл болно.”, Тавьдугаар зүйлийн 1 дэх хэсгийн 2 дахь заалтын “давж заалдах болон хяналтын журмаар доод шатны шүүхийн шийдвэрийг хянан үзэх;” гэснийг, мөн Тавьдугаар зүйлийн 2 дахь хэсгийн “Улсын дээд шүүхийн шийдвэр шүүхийн эцсийн шийдвэр байх …” гэсэн заалтыг зөрчөөгүй байна гэж дүгнэжээ.

Цэцийн дүгнэлттэй холбогдуулан гишүүн Ж.Батзандан Зөрчлийн хуулиар захиргааны хариуцлага, эрүүгийн хариуцлага хоёрыг нэг уутанд хийчихсэн нь буруу болсон нь олон зүйл дээр харагдаж байна, иргэдэд хүнд суртал учруулж байгаа учраас жижиг гэмт хэрэг, зөрчил хоёрыг салгаж зааглах үүднээс хуульд яаралтай өөрчлөлт оруулах шаардлагатай гэсэн байр сууриа илэрхийлэв. Мөн гишүүн Ц.Гарамжав Зөрчил хянан шийдвэрлэх тухай хуульд заасан зөрчлийн асуудлаар анхан шатны шүүхэд давж заалдах хугацааг эргэн харах саналтай байгаагаа хэлсэн юм.

Хууль зүй, дотоод хэргийн сайд Ц.Нямдорж Эрүүгийн хууль, Зөрчлийн тухай хуулиудад өөрчлөлт оруулах санал боловсруулах үүрэгтэй ажлын хэсгийг яамнаас байгуулж ажиллуулсан, төслийн талаар яамдаас санал авахаар өнөөдөр хүргүүлж байгаа. Энэ хуулиуд хэрэгжиж эхлээд нэг жил ч болоогүй байна. Ер нь ийм томоохон хуулийн согог 2-3 жилийн дараа л харагддаг. Тиймээс тодорхой хугацаанд ажиглах нь зүйтэй гэсэн байр суурьтай байгаагаа хэлсэн юм.

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