УДШ-ийн иргэний танхим хэзээ “элэг бүтэн” болж ажлаа хэвийн үргэлжлүүлэх вэ?

5bee6795c5e9f392bbc878046a843a2dАнхан, давж заалдах болон хяналтын шатны шүүхээр иргэд хэрэг маргаанаа эцэслэн шийдвэрлүүлдэг. Харин иргэний хэргийн хяналтын шатны шүүхийн шүүгчдийн бүрэлдэхүүн дутуу байгаагаас гацаанд ороод байна. Үүний улмаас иргэний  хэрэг маргаан шийдвэрлэгдэхгүй хүлээлтийн байдалд ороод байна.

Монгол улсын Ерөнхийлөгч Х.Баттулга 2019.06.17-ны өдөр зарлиг гаргаж нэр бүхий 17 шүүгчийг түдгэлзүүлсэн. Монгол улсын түүхэнд байгаагүй энэ зарлигаас болж өнөөдөр Улсын дээд шүүхийн Иргэний танхимын үйл ажиллагаа гацаанд ороод байгаа. Өөрөөр хэлбэл УДШ-ийн Иргэний танхимын

·         Иргэний хэргийн танхимын тэргүүн Х.Сонинбаяр

·         Ц.Амарсайхан

·         Д.Цолмон

·         Г.Цагаанцоож

·         П.Золзаяа нарыг түдгэлзүүлснээр УДШ-ийн иргэний танхим иргэний хэргийг хяналтын шатны шүүхээр шийдвэрлэх боломжгүй болсон.

Улсын Дээд шүүх хяналтын шатны журмаар хэрэг маргааныг хянан шийдвэрлэдэг бөгөөд эрүү, иргэн, захиргаа аль нь ч адилхан  ТАВАН шүүгчийн бүрэлдэхүүнтэй шийддэг. Эрүү, иргэн, захиргааны танхим нь найман шүүгчтэй байдаг. Гэтэл УДШ-ийн  Иргэний танхимын 5 шүүгчийн бүрэн эрхийг түдгэлзүүлснээр одоо гурван шүүгч ажиллаж байна. Нэгэнт шүүгчийн ирц бүрдэхгүй байгаа тул иргэд, шүүх хүссэн ч УДШ-ийн иргэний танхим хуралдах боломжгүй болоод байгаа юм. Нөгөө талаас гурван шүүгчийн ирцтэйгээр хэрэг маргаан эцэслэн шийдвэрлэх нь өөрөө хууль зөрчсөн үйлдэл тул иргэний хэрэг УДШ дээр овоорч байгаа.

Харин улс төрийн нам байгуулах асуудлыг гурван шүүгчийн бүрэлдэхүүнтэй шийдэж болдог учир  энэ сарын 12-ны өдөр шинэ намыг бүртгэх эсэх асуудлыг хэлэлцэхээр тов гарсан байна.

ШЕЗ-өөс энэ талаар тодруулахад “Түдгэлзүүлсэн шүүгч нарын гэм буруугүй эсвэл гэм буруутай эсэх нь тогтоогдсоны дараагаар эрхийг нь сэргээх асуудал яригдана. Цаг хугацааны асуудал” гэдгийг тайлбарласан. Өөрөөр хэлбэл одоо хууль, хяналтын байгууллага 17 шүүгчийн асуудлыг хэр хурдан шуурхай шалгаж, ажиллахаас  УДШ-ийн иргэний танхимын гацаа арилах эсэх нь шууд хамааралтай болж байна.

17 шүүгчийн эрхийг түдгэлзүүлээд өнөөдрийн байдлаар гурван сарын хугацаа өнгөрөөд байна. Энэ хугацаанд бүх шүүхийн шүүгч нарын ачаалал эрс  нэмэгдэж байгааг шүүгч нар учирлаж байна. Амралт гэдгийг мартан ачаалалтай байдаг шүүгч нар олон хавтаст хэрэгтэй “гэрлийн хурдаар” танилцаж, өдөр шөнөгүй ажиллахаас өөр сонголт үгүй болж байна.

Шүүх засаглалыг цэвэрлэж болно. Харин ингэж гацаан, олон нийтийн шударга шүүхээр шүүлгэх эрхэнд халдаж байгаа энэ үйлдэлд хууль хяналтынхан шуурхай ажиллах хэрэгтэй байгааг дуулгаж байна. Эс бөгөөс олон эрсдэлтэй асуудал дагуулж байгааг анхаарна уу.

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