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Administration litigation wastes the public budget

Occasionally, we wonder if laws and regulations were approved to be violated. Especially when gentlemen working in state management positions violate laws so well and the cost of their violations are covered by the state budget.

Just recently, a person who was discussing judicial reform emphasized that most judicial reviews of administrative affairs are suits about land and administration litigation. Statistics from the Mongolian National Judicial Research, Information and Training Center were assessed to clarify this information.

Out of 2013′s 1,097 first instance cases, when legal proceedings are first heard, 280 were land issues, 203 were state administrative issues, and 103 were about election disputes. The state officials’ disputes included illegal dismissals, changing people’s positions, and making wrong decisions. These cases went to trial and appellate court but the majority of the decisions made in the first instance cases were not changed. The following is an example of how first instance cases are reviewed, decisions concluded, and how much is paid in damages.

Two cases related to the employment of civil servants were reviewed by the Third Administrative Affairs Court on July 4, 2014. In October 2013, the governor of Bayankhongor Province issued orders to dismiss E.Tulga and U.Mart who were working as principals at the Zag soum school in Bayankhongor Province, and appointed an acting director. In response to the law suit brought on by locals about the illegal deposition, the dismissed directors were reassigned to their posts after six months and were told to retrieve compensation for the period of their unemployment from the Governor’s Office. E.Tulga received compensation of 4,638,130 MNT and U.Mart received 4,999,180 MNT.

Governor D.Jargalsaikhan’s breach of law resulted in a state budget loss of approximately ten million MNT. This is just one example of illegal actions by offenders in state management positions.

The second violation was made by the Head of the Professional Inspection Agency of Sukhbaatar border point in Selenge Province, who illegally dismissed an employee. A court ruling was made in March 2014, and 2,222,970 MNT was repaid to the employee from the state budget. The Governor of Zavkhan Province also dismissed a school principal and cost the Governor’s Office 2,381,320 MNT.

The complete version of Parliamentary Resolution 536 of Mongolian constitutional law was published on legalinfo.mn. It’s no wonder that the laws are violated, since the resolution has just way too many laws. However, it’s unfortunate that the offenders aren’t facing any losses and depleting public money, despite being found guilty by the court. These huge funds are being drained from public money after multiple breaches of the law made by governors of the 21 provinces, the capital and soums, as well as government body executives.

Mongolia doesn’t report on the total expenditure for resolving issues associated with state officials. These huge numbers came up from just reviewing the latest cases and decisions. If an integrated information system is developed, we’ll get a report of additional expenses taken from the state budget.

In the consolidated jurisdictional report of 2013, it highlighted, “Governors of all units make up the majority of defendants called to the Administrative Affairs Court on issues related to government authorities and officials.” Governors are changed after elections and gentlemen with power destroy the legal environment with blind actions, appointing “their men” to official positions.  It’s become a habit to illegally appoint someone for a position and use whatever means necessary to shield them, especially with ministers.

Civil servant selection has long lost its meaning. A perfect example of this wrongdoing is the selection of administrators for professional arts agencies last spring. Now, writing job descriptions for whomever they want and offering positions to people who don’t meet job requirements, has become an ordinary matter. Director of the Mongolian State Academic Theatre of Opera and Ballet (MSATOB) also fired two employees she didn’t like. One dismissed employee, G.Erdenebaatar, issued a law suit and received some two million MNT as compensation. He was offered the opportunity to return to his original position but declined.

A woman who worked as a waitress at MSATOB filed a complaint with the court and got compensation and payment for her legal fees. Thinking this over, heads appointed by higher authorities strive on their own account, and act as if they’re above the law.  It’s regrettable to know that money, time and paper is misused for resolving the wrongdoings of offenders.

State officials’ issues are the most frequent cases brought to the Administrative Affairs Court, according to date from the first half of 2014. State officials’ issues increased by 48.2 percent compared to the first half of 2013. The number of lawsuits against state inspection agencies increased by 2.5 percent and the number of suits addressed to regulatory and enforcement agencies affiliated with province and capital governors increased by 80 percent. It seems that these organizations don’t follow procedures specified in the law when making appointments and decisions.

Normal people are accountable for their wrongdoings without being familiar with the law. Authorities of government bodies, who swear oaths, are supported by the state when they make poor decisions. Is this truly justice? We should make authorities who illegally fire two employees at once or make poor decisions repeatedly accountable. Until then, are we going to pat their heads, encouraging them by saying that people make mistakes? They must’ve been given their assigned positions because people believed that they could work more responsibly than others, so they should work harder.

Source: Unuudur, http://mongolnews.mn/i/54144

 

Trans. By B.Dulguun

Short URL: http://ubpost.mongolnews.mn/?p=11569

Posted by on Aug 24 2014. Filed under Community, Opinion. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.

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