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The true cost of legislation

Trans by B.NARANTUYA

According to a 2008 resolution from the State Great Khural on its law formulation project, 10 million MNT is allocated to each member of Parliament each year to develop new legislation. Five million MNT is allotted to members for business trips, which are supposed to provide an opportunity for them to share experiences and learn from developed countries in the fields of law and regulation. A total of 15 million MNT has been included in the state budget for members to spend every year for the last seven years.
Typically, nearly 100 million MNT is included in the state budget every year for each member, which is meant to cover the expenses mentioned above, wages, transportation, cell phone costs, appointments, advertisements, books and publishing, and assistant salaries. After last year, the budget was nearly doubled, increasing by 90 million MNT.
To formulate a law, members of the State Great Khural spend around one billion 140 million MNT per year, which can be added up to four billion 560 million MNT during their time in office. Since 2008, a total of 31 billion 920 million MNT has been spent on law formulation projects.
Mongolia is a country with a judicial state which regulates social relations through laws and regulations. Only law must rule the country. Unfortunately, the phrase, “Mongolian law lasts only three days,” still applies. Lawmakers are facing headaches; either the products they are producing are ineffective, or the observers are being inattentive.
Not only MPs initiate and formulate laws. According to the constitution, the President and the government also have special rights to initiate a law and present it to Parliament. There is an office of the president, the ministries, and the justice department which must support the President and the government in terms of drafting laws. But when the 76 members of the State Great Khural start to formulate a law, employees of the judicial research department and the justice service of the Office of the President aren’t able to work with all members. Initiating laws are thought to be the major role of MPs. That’s why the state approves a budget for the members, to support their work.
Not every MP is a lawyer. They even differ in their educational background. Also, they often have personal interests and demands when formulating laws which involve and regulate social relations in different sectors. Therefore, they turn to teams of professional lawyers, bureaus, and even individuals, to develop draft laws, and at the end, they name themselves as authors.
According to data from glass account reporting of the State Great Khural’s office, from the budget for legislation, MPs S.Ganbaatar and D.Otgonbaatar withdrew nine million MNT each, and member D.Ganbat withdrew 10 million MNT this February, transferring it to a non-governmental organization called Oyuni Innovats, in order to get legal advice and make an agreement on cooperation.
The expenses for consultation from an individual and a bureau is quite different. It depends on whether or not the draft law process demands research and observation, and it depends on the status of the agent.
Skillful parliamentarians criticize the efficiency, content, and ideology of laws. Moreover, the script, composition, structure, and sequence of laws, which are the rudimentary requirements, don’t fulfill international standards.
As a result of inadequate financial calculations and poor estimates, the situation often arises where certain changes or additions must be included in a law after it has been approved. For instance, the “Long Named Law”, which was initiated by MPs B.Bat-Erdene and G.Bayarsaikhan, is still facing debate and delays. Alcoholics are glad that the law on making hospitals sobering-up facilities, instead of jails, was approved. The law on establishing the court was not in line with some clauses of the Constitution. As a result, the law was invalidated.
Sadly, there are many examples like this. Therefore, the Government of Mongolia presented a draft law called, “Law About the Law,” which covers regulations on the law formulation process. It has been submitted to the State Great Khural and discussion of it has begun.
When a law is presented, it doesn’t matter who or what organization formulated it, but the capability of the Parliament to properly evaluate it matters.
It is time for the members to analyze their work in the field of creating a legal environment at such great financial expense. All members are responsible for this issue.

Source: Unudur Sonin

Short URL: http://ubpost.mongolnews.mn/?p=13886

Posted by on Mar 26 2015. Filed under 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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