Үндсэн хуульд оруулах нэмэлт, өөрчлөлтөд 320 мянган гаруй иргэн саналаа ирүүлсэн

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Улсын Их Хурлын Төрийн байгуулалтын байнгын хороо, Тамгын газраас өчигдөр  хэвлэлийн бага хурал зохион байгуулж, Үндсэн хуульд оруулах нэмэлт, өөрчлөлтийн төслийн боловсруулалтын явц байдлын талаар сэтгүүлчдэд мэдээлэл өгөв. Хэвлэлийн хуралд Төрийн байгуулалтын байнгын хорооны дарга Д.Лүндээжанцан, Улсын Их Хурлын гишүүн С.Бямбацогт, Д.Тогтохсүрэн, Улсын Их Хурлын Тамгын газрын Ерөнхий нарийн бичгийн дарга Ц.Цолмон, Үндсэн хуульд оруулах нэмэлт, өөрчлөлтийн төслийн ажлын дэд хэсгийн гишүүд оролцлоо.

    Улсын Их Хурлын Төрийн байгуулалтын байнгын хорооны дарга Д.Лүндээжанцан энэ үеэр хэлсэн үгэндээ, Монгол Улсын Үндсэн хуульд нэмэлт, өөрчлөлт оруулах төслийг боловсруулах үүрэг бүхий ажлын  хэсэг 2017 оны 05 дугаар сарын 25-нд   Улсын Их Хурлын даргын 78 дугаар захирамжаар байгуулагдсан. Энэ үндсэн дээр Үндсэн хуульд нэмэлт, өөрчлөлт оруулах хэрэгцээ шаардлагын талаар олон нийт, улс төрийн намууд, иргэний нийгмийн байгуулагууд, эрдэмтэн судлаачдыг  оролцуулан хэд хэдэн үе шаттай хэлэлцүүлэг, судалгаа хийж, асуудал тус бүрт ажлын дэд хэсгүүд ажиллан долоон чиглэлээр 42 заалт бүхий төслийг боловсруулаад байна. 1992 онд батлагдсан ардчилсан шинэ Үндсэн хуульд 2000 онд нэмэлт, өөрчлөлт оруулснаас хойш  Улсын Их Хурлаас 2010 онд Үндсэн хуульд нэмэлт, өөрчлөлт оруулах журмын тухай хуулийг баталсан. Үндсэн хуульд өөрчлөлт оруулах тухай асуудал сүүлийн гурван удаагийн парламент дамжин яригдаж, тусгай комисс, ажлын хэсгүүд гарч ажиллан тодорхой судалгаа тооцоо хийж, энэ үндсэн дээр Үндсэн хуульд өөрчлөлт оруулах зайлшгүй нөхцөл шаардлага байна гэж үзсэн байдаг. Улсын Их Хурлын гишүүдээс ч Үндсэн хуульд нэмэлт, өөрчлөлт оруулах төслийг 2000, 2011, 2012, 2015 онуудад өргөн мэдүүлж ирсэн байдаг.

     Монгол Улсын Үндсэн хуульд нэмэлт, өөрчлөлт оруулах журмын тухай хуульд “Улсын Их Хурал, хууль санаачлагч нь Үндсэн хуульд нэмэлт, өөрчлөлт оруулах үйл ажиллагааны бүх үе шатанд ард түмний бүрэн эрхт байдал, оролцоог хангах”, “бодитой, ил тод байх” гэж заасны дагуу 2017 оны 4 дүгээр сард Үндсэн хуульд оруулах нэмэлт, өөрчлөлтийн асуудлаар Зөвлөлдөх санал асуулгыг анх удаа зохион байгуулсан. Улмаар “Монгол Улсын Үндсэн хуульд нэмэлт, өөрчлөлт оруулах асуудлаар ард түмний бүрэн эрхт байдал, оролцоог хангах тухай”  Улсын Их Хурлын 2017 оны 06 дугаар сарын 02-ны өдрийн 39 дүгээр тогтоол гарч, уг тогтоолын дагуу Үндсэн хуульд оруулах нэмэлт, өөрчлөлтийн төслийг улс, орон нутгийн хэмжээнд олон нийтээр хэлэлцүүлэх ажлыг 2017 оны 7-9 дүгээр сард орон даяар зохион байгуулахад 320 мянга гаруй иргэн саналаа ирүүлснийг Тамгын газрын ажилтнууд нэгбүрчлэн бүртгэж цахим мэдээллийн сан үүсгэн архивын нэгж болгоод байна. Энэ нь Улсын Их Хурлын нэг бүрэн эрхийн хугацаанд хийдэг ажилтай дүйцэхээр томоохон ажил болсон.

    Нэгтгэн боловсруулсан энэ бүх мэдээллийг ажлын дэд хэсэг судалж нягталсны үндсэн дээр хамгийн их давтамжтай саналуудад тулгуурлан Үндсэн хуульд оруулах нэмэлт, өөрчлөлтийн төслийг боловсруулаад байна.

    Монгол Улсын Үндсэн хуульд оруулах нэмэлт, өөрчлөлтийн төсөл нь төрийн эрх мэдлийн хуваарилалтыг оновчтой болгох, засаглал хоорондын тэнцвэрийг хангах, бүх шатанд хариуцлага сахилга, хяналтыг дээшлүүлэх, орон нутгийн бие даасан байдлыг сайжруулах зэрэгт үндсэндээ чиглэж байгаа. Энэ үндсэн дээр Улсын Их Хурлын болон гишүүний үүрэг, хариуцлагыг сайжруулах үүднээс Улсын Их Хурлын гишүүн санал хураалтад өөрийн биеэр оролцох, бусдын өмнөөс санал өгөхийг хориглох, хүндэтгэх шалтгаангүйгээр хуралдаанд оролцоогүй гишүүнийг эгүүлэн татах, Улсын Их Хурлын гишүүний насны доод хязгаарыг 30 болгож нэмэх, ээлжит чуулган чуулах өдрийн тоог нэмэгдүүлэх, хууль батлагдах саналын босгыг өндөрсгөх заалтуудыг оруулсан байгаа.  Мөн Улсын Их Хурал хяналтын чиг үүргээ үр нөлөөтэй хэрэгжүүлэх нөхцөлийг хангаж үүднээс тодорхой асуудлууд дээр Хянан шалгах түр хороог байгуулж болохоор төсөлд тусгалаа.

   Төрийн эрх мэдлийн хуваарилалтыг тэнцвэржүүлэх хүрээнд Улсын Их Хурал зарим бүрэн эрхээсээ татгалзаж Засгийн газрын танхим бие даан ажиллах нөхцөлийг бүрдүүлж Ерөнхий сайд өөрийн танхимын сайд нарыг томилж, чөлөөлж, огцруулах, Улсын Их Хурлаар улсын төсөв хэлэлцэж батлах явцдаа Засгийн газрын зөвшөөрөлгүйгээр зардлын шинэ төрөл үүсгэх, зарлага нэмэгдүүлэхийг хориглох, Улсын Их Хурлын бүрэн  эрх  хугацаанаасаа өмнө дуусгавар болох, Засгийн газрын танхим дахь Улсын Их Хурлын гишүүдийн тоог хязгаарлахтай холбогдсон заалтуудыг орууллаа.

    Шүүх засаглалын хараат бус байдлыг баталгаажуулахад анхаарч шүүгчийн томилгоог ил тод болгох, хариуцлага тооцох тогтолцоог бий болгох, үүний зэрэгцээ шүүх нь засаглалынхаа хувьд аль ч институциэс хараат бус бие даасан байх заалтууд төсөлд тусгагдсан. Тухайлбал, Ерөнхийлөгч шүүгчийг батламжлахаас татгалзах үндэслэлээ олон нийтэд мэдээлэх, бүх шатны Ерөнхий шүүгчийг шүүгчид өөрсдөө сонгох,  шүүгчээр ажиллах хугацаа, насны доод хязгаарыг тогтоосноос гадна Шүүхийн ерөнхий зөвлөлийн бүрэлдэхүүн, эрх зүйн байдал, чиг үүргийг тодорхой болгож, улс төрийн нөлөөллөөс ангид байлгахаар тусгалаа.

   Мөн улс төрөөс хараат бус төрийн албыг бэхжүүлэхийн тулд төрийн албан хаагчийг улс төрийн шалтгаан, сонгуулийн үр дүнгээс хамааран ажлаас халахгүй байх, томилгоо хийх, албан тушаалд дэвшүүлэхдээ ил тод, шударга байдлыг хангаж, чадахуйн зарчим  баримтлахыг Үндсэн хуулиар баталгаажуулахаар зааж өгсөн. Түүнчлэн Улс төрийн намын үйл ажиллагаа, санхүүжилт, хариуцлагыг тодорхой болгож, сонгуулийн тогтолцоог хуулиар тогтоохоор төсөлд тусгалаа.

   Засаг захиргаа, нутгийн удирдлагын тогтолцоог боловсронгуй болгох хүрээнд улсын чанартай хотыг засаг захиргаа, нутаг дэвсгэрийн нэгж, аймгийн төвүүдийг орон нутгийн харьяалалтай хот болгохоор тусгасан. Сум дүүрэг,  орон нутгийн харьяалалтай хотын Иргэдийн төлөөлөгчдийн хурлын сонгуульд улс төрийн намуудын оролцоог хязгаарлаж, зөвхөн иргэн өөрийн нэрийг дэвшүүлж өрсөлдөхөөр, аймаг, нийслэл, хот (улсын чанартай), баг хорооны Засаг даргыг дээд шатны  Засаг дарга нь томилох бол сум, хот (орон нутгийн харьялалтай) дүүргийн Засаг даргыг тухайн нутаг дэвсгэрийн  иргэд сонгохоор зохицуулж байгаа. Түүнчлэн орон нутгийн Иргэдийн төлөөлөгчдийн хурал, Засаг даргын эрх мэдлийн хяналт, тэнцлийг хангахын тулд Засаг даргыг огцруулах нөхцөлийг төсөлд тодорхой зааж өгсөн гэдгийг дурдлаа.

   Монгол Улсын Үндсэн хуульд оруулах нэмэлт, өөрчлөлтийн төслийг боловсруулах ажлын хэсэг Үндсэн хуульд нэмэлт өөрчлөлт оруулах журмын тухай хуульд заасны дагуу Монгол Улсын Ерөнхийлөгч, Монгол Улсын Ерөнхий сайд, Үндэсний Аюулгүй байдлын зөвлөл, Хүний эрхийн Үндэсний комисс, Монголбанк, Шүүхийн ерөнхий зөвлөлөөс саналыг нь авахаар төслөө илгээгээд байгаа аж. Энэхүү төслийг Улсын Их Хурлын нэр бүхий 67 гишүүн дэмжиж, хууль санаачлагчаар гарын үсгээ зурсан байна.

    Мөн төслийг Улсын Их Хурал дахь хоёр намын бүлгийн хурлаар хэлэлцүүлж, санал солилцжээ. Дээрх эрх бүхий субъектүүд хуульд заасны дагуу саналаа ирүүлсний дараа ажлын хэсэг төслийг дахин авч үзэж, нягталж боловсруулан өргөн барихад бэлтгэх юм байна.

   Хэвлэлийн хуралд оролцсон Улсын Их Хурлын гишүүн С.Бямбацогт төрийн бодлого тодорхой, баталж гаргасан хууль тогтоомж, бодлого шийдвэр нь хэрэгждэг байх ёстой. Мөн Улсын Их Хурал, түүний гишүүд хариуцлагатай, сахилгатай, ёс зүйтэй, түүнийгээ дээдэлдэг, бас өөрийн дэгтэй, түүнийгээ мөрддөг байх шаардлагатай. Энэ үүднээс төрийн эрх мэдлийн хуваарилалтыг оновчтой болгох, засаглалын тогтолцоог боловсронгуй болгож хяналт, тэнцвэрийг хангах шаардлага зүй ёсоор тулгарч байгаа тул энэ чиглэлээр Үндсэн хуульд зохих нэмэлт, өөрчлөлт оруулах нь чухал байна гэсэн байр суурьтай байгаагаа илэрхийллээ.

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