Шүүх засаглал жирийн иргэдийн хэрэгт хайхрамжгүй, хүйтэн хандсаар байна

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-ХОХИРЛОО АВЧ ЧАДАЛГҮЙ НАС БАРСАН ХҮН БАЙНА-

“Сандэй” худалдааны төвийн В1 давхарт 2015 оны 10 дугаар сарын 10-11-нд шилжих шөнө гал гарч зуу гаруй түрээслэгч хохирсон хэргийн талаар бид өмнө мэдээлж байсан. Харамсалтай нь бараг гурван жилийн нүүр үзэх гэж буй энэ хэрэг одоог хэр шийдэгдээгүй байгаа бөгөөд хохирогчид эцэст нь хохирлоо барагдуулахаар хаана хандахаа мэдэхгүй хэцүүхэн байгаа аж. Хохирогчдын нэг Н.Мөнгөнцэцэгтэй уулзаж зарим зүйлсийг тодрууллаа.

Та өөрийгөө танилцуулна уу?

Намайг Н.Мөнгөнцэцэг гэдэг. Сандэй худалдааны төвийн В1 давхарт худалдаа эрхэлдэг байсан. 2015 оны 10 дугаар сарын 11-нд гарсан галын хохирогчдын нэг.

Тэр өдөр юу болсон юм бэ?

2015 оны 10-р сарын 11-нд ажил дээрээ очиход гал гарсан хэмээн цагдаагийн хамгаалалт гарсан байсан. Хохирогчдыг хэсэг хэсгээр нь авч орж лангуу болон бараа материалыг нь үзүүлсэн. Баруун хойд хэсэг бүхэлдээ галд өртсөн тул хараад байх юу ч үгүй шатсан байсан. Гал манай хажуугийн лангуун дотроос гарсан болохоор манайд ямар ч бараа үлдэлгүй шатсан. Хэдэн төмөр өлгүүр л харлаад байж байсан даа. Би яг өмнөх өдөр нь бараагаа татаж, шинэ бараагаа өлгөчихөөд байсан юм.

Галын дүгнэлт юунаас үүдэлтэй гэж гарсан бэ?

Галын дүгнэлт хоёр ч удаа гарсан. Хамгийн анх 2015  оны 12 сард гарсан галын дүгнэлт нь  цахилгааны богино холболтоос гарсан байх магадлалтай гэсэн. Энэ нь цахилгаанаас үүссэн гэх 75 хувийн баталгаатай гэсэн үг юм билээ. Үүнийг шүүх хангалтгүй хэмээн үзэж дахин дүгнэлт гаргуулсан. Тэгээд эцэст нь цахилгааны богино холболтоос 100 хувь үүсэн гал гэж тогтоогдсон.

Хохирлын үнэлгээг яаж тогтоосон бэ?

Анх Баянзүрх дүүргийн Цагдаагийн нэгдүгээр хэлтсийн байцаагч Г.Баасанжав дүүргийн хажууд байдаг статистик үнэлгээ хийдэг улсын үнэлгээний газраар хийлгэсэн байдаг юм. Үүнийг шүүх хангалттгүй хэмээн үзэж дахин үнэлүүлэхээр болсон. Энэ нь их цаг хугацаа алдсан хэрэг болсон. Магадгүй энэ хэргийг Эрүүгийн хэргээс гаргаж шинээр хэрэгжиж эхлэх гэж байсан зөрчлийн хуульд хамруулахыг хүсч байсан байх. Миний хувьд 11,8 сая төгрөгийн хохиролтой байсан. Тэгээд Монголын хохирол үнэлгээний холбоо гэх төрийн бус байгууллаар дамжуулан хохирлоо тодорхойлуулсан. Одоо хохирол маань 8,6 сая болж багасчихаад байгаа.

Зөрчлийн хуулиар энэ хэрэг хэрхэн шийдэгдэж байна?

Энэ бол 1,5 тэрбум төгрөгийн хохиролтой том хэрэг. Баянзүрх дүүргийн хяналтын прокурор А.Сайнбаярын 2017 оны есдүгээр сарын 11-ний 163 дугаар тогтоолоор энэ хэрэг эрүүгийн хэрэг биш болсон байдаг.

Учир нь галын аюулгүй байдлыг зөрчих гэмт хэргийг эрүүгийн хуулиас хасч 2017 оны долдугаар сарын 1-нээс мөрдөгдөж ирсэн зөрчлийн хуулиар шийддэг болсон. Ингээд хэрэг Нийслэлийн онцгой байдлын газрын Гал түймэртэй тэмцэх хэлтэст шилжсэн. Ц.Идэрмөрөн хэмээх байцаагч хэргийг хянаад цагдаагийн байцаагч болон прокурорын дүгнэлттэй ижил санал гаргасан. 2018 оны нэгдүгээр сарын 18-нд холбогдогч Б.Энхбаярыг галын аюулгүй байдлыг зөрчсөн хэмээн нэг сая төгрөгөөр торгох мөн хохирогчдын хохирлыг 2018 оны хоёрдугаар сарын 4-ний дотор барагдуулах шийдвэр гарсан. Гэтэр холбогдогч Б.Энхбаяр уг шийдвэрийг эсэргүүцээд байгаа юм.

Шүүх энэ хэрэг дээр хэрхэн хандаж байна вэ?

Миний хувьд хангалтгүй гэж үзэж байгаа. Хоёр ч удаа хойшилж байж 2016 оны 10 сард болсон. Тэгээд байцаагч, прокурор бүгд “Сандэй” худалдааны төвийн хариуцлагагүй байдлаас болж цахилгааны богино холболт үүсэн гал гарсан гэж дүгнээд байхад галын дүгнэлт болон хохирлын үнэлгээ хангалтгүй гэж буцаасан нь хохирогчдыг чирэгдүүлж байна. Мөн байцаагч, прокурорууд маш хариуцлагагүй ажилласан. Хохирогчидтой тулж ажиллаагүйн дээр анхнаасаа хохирлын үнэлгээг зохих байгууллагаар нь гаргуулаагүйд гомдолтой байдаг. Баянзүрх дүүргийн хяналтын прокурор н.Батхишигт удаа дараа гомдол тавьж байсан, тэр болгонд уурлаж загнан өрөөнөөсөө хөөж гаргадаг. Бид чинь зээлнээс зээлийн хооронд амьдардаг хүмүүс. Одоо хэр зээлээ төлж чадаагүй хэцүүхэн л байна. Биднийг санал гомдол байвал шүүх хурал дээр хэлж болно гэж байсан. Гэтэл шүүх дээр цаг хангалтгүй байна. Нэг хүн таван үгэнд багтааж гомдлоо тавь гэсэн. Яаж энэ бүхнийг тавхан үгээр хэлэх вэ дээ. Манай улсын шүүх засаглал жирийн иргэдийг үнэхээр авч үзэхгүй хайхрамжгүй хандаж байна.

Та одоо худалдаагаа хийж байгаа юу?     

Яаж хийхэв дээ. Бөөн өр болсон л хүн байна. Надтай адил хохирсон олон хүн наймаа хийхээ больсон. Эргэлтийн мөнгөгүй, дээр нь бараа авсан зээл маань нэхэгдээд хэцүү юм. Хэрэг шийдэгдэхгүй удаж байгаа нь үнэхээр хүнд байна. Бидний нэг хохирогч өвчтэй байсан юм. Тэгээд хохирлоо ч авч чадалгүй нас барсан. Хэрэг шийдэгдээд хохирол нь төлөгдсөн байсан бол эмчилгээ хийлгэж болох л байсан байх.

“Сандэй” худалааны төвийн талаас та нарт яаж хандаж байна?

Одоо худалдааны төвийг өөр хүмүүс хариуцах болсон. Тийм болохоор энэ хэрэг бидэнд хамаагүй гэдэг. Угаасаа ч Б.Энхбаяр тэр үед хариуцаж байсан болохоор тэрэнтэй л асуудлаа шийднэ гэж бодож байгаа. Дэлгүүрийн нийтийн эзэмшлийн талбай буюу хүн явдаг коридорыг хүртэл бидэнд зарж байсан. Би гэхэд 4м2 газрыг 2800 ам.доллараар авч байлаа. Хэрэв авахгүй бол шахаж дарамтлаад хэцүү байдаг байсан юм.

Хэргийн явцын талаар та хаана хаана гомдол гаргаж байсан бэ?

Дүүргийн прокурорын газраас эхлээд АТГ зэрэг олон ч газар хандсан даа. Нэг ч нааштай хариулт ирж байгаагүй. АТГ-т гомдол гаргахад хэрэг чинь БЗД-ийн Прокурорын газар алга байна. Улсын прокурорын газарт байгаа юм шиг байна. Тиймээс шалгах боломжгүй гэсэн хариу өгч байсан.

Цаашид та бүхэн ямар арга хэмжээ авъя гэж бодож байна вэ?

Цагдаа, прокурор, галын байцаагч бүгд үнэний талд шийдвэр гаргасан. Ийм байхад шүүх дангаараа энэ хэргийг дахин хойш тавихгүй байгаасай хэмээн найдаж байна. Бидний хохирлыг барагдуулчих юм бол бидэнд өөр хүсээд байх зүйл алга шүү дээ.

79 COMMENTS

  1. Манай шүүгч эсрэг байж болдоггүй юм уу. Бүх зүйл тогтоогдчихоод байхад ганц шүүгч зөрөө л биз ГЭЭД Л ӨМӨӨРӨХ БАЙХ ДАА

  2. Энэ хэргийг шалгасан прокурор Сайнбаяр гэж уг нь их нуруутай сайн л залуу байсан даа. Эвдэрчихээгүй л бол

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