Stuāciju 2003. gada novembrī
Vairāk informācijas par šo Mongolijas parlamenta likumdošanas iniciatīvu skatīt Monglijas Open Society Forum
Rule of Ethics for Parliament Members
Draft -1
09/16/02
Annex to resolution # … of the SGH
One. General Provisions
1.1. The purpose of these Rules is to establish the principles and standards of the code of ethics for the Members of the SGH to be followed by him/her during his/her elected term while exercising his/her duties to implement the state policy within the framework of the law making and oversight authorities, and to fulfill the duties before all citizens and electors.
1.2. These Rules shall guide the Member of the SGH (hereinafter refers to the “Member”) to be fair to the oath taken by him/her as a high-ranking public official, to uphold the interests of all citizens and the nation, to respect and strongly abide by the Constitution of Mongolia and other laws, not to have occur any actions prohibited by the relevant laws and legislation and to protect the high dignity and reputation of the Member of the SGH.
Two. Ethical Standards to be followed during the SGH floor session
2.1. Ethical standards to be followed by the Member of the SGH during the floor session of the SGH are:
2.1.1. to be accurate while speaking on the floor and to respect other members’ right to speak;
2.1.2. not to use rude words and expressions while making speeches and comments;
2.1.3. when it is necessary to address the other members, call him/her “Honorable Member…” showing a respect to them;
2.1.4. If s/he has acted against the member’s dignity and reputation, s/he has to apologize considering that it as a matter of his/her dignity
2.2. The Member of the SGH is prohibited to do following actions during the sessions of the SGH:
2.2.1. to miss or be late for the session without bone fide reasons
2.2.2. to interrupt other person’s speech while they are making speech
2.2.3. to leave the session hall without the permission of the Chair of the session
2.2.4. to conduct activities related to the religious propaganda and rituals
2.2.5. to make an argument of a private nature, to make speech and vote on the behalf of others;
2.2.6. to force or press others in order to have his/her own opinions supported and deny others’ opinions;
2.2.7. to distribute documents not related to the debated issues;
2.2.8. to respect the reputation of the SGH and the decision made by majority votes;
2.2.9. if any dispute rises in terms of the conflicting issues being discussed, follow only the Procedure of the SGH session;
2.2.9.1. in case the final decision and conclusion have not been made on the issues discussed, to demand his/her points of views being accepted, to organize a demonstration and meeting, and inspire them to those.
Three. Principles and ethical standards to be followed in the operations within the framework of the official work.
3.1. The Member of the SGH shall be ruled only by the law regarding his/her official rights and duties, approach to any issues from the principled and fair position, and follow the principle to respect other’s right, freedom and interests:
3.1.1. shall uphold person’s dignity, reputation and legal interests and communicate with other people respectfully as it is provided by the state protocol;
3.1.2. member’s activities shall be open and transparent to all citizens, organizations and media;
3.1.3. to conduct himself/herself properly in the Government House and abide by relevant laws and legislations to be followed by all;
3.1.4. shall spend the Member’s budget in accord with the regulations approved by the SGH not exceeding the limit, for the proposed purpose;
3.1.5. Treat with respect Member’s own assistant, or employee of the Secretariat office;
3.1.6. to have assistance from the state organs and their officials only within the framework of the official work under the law relevance;
3.1.7. not to use the official letterhead and seal illegally or for producing counterfeit documents, and not to demand others to do this;
3.1.8. not to consume alcoholic beverages and have a rude behavior while on official duties or at work place;
3.1.9. it is prohibited to use his/her official position, authority and title for his/her gain, or for doing trade or establishing business contacts for the gain of his/ her relatives and friends, and the organizations they work for, to transfer secret financial documents impossible to deliver to the public for his/her or other’s gain, make an offer and in other ways to uncover their confidentiality.
3.1.10. to use state property, equipment, financial sources and information for a private purpose, or have them use the same way. The state property shall include telephone, mail, fax, internet and relevant expenses for using them, computer, photocopier, office furniture, automobile for official use and etc.
3.1.11. The Member of the SGH should not use resources of the state organization for his/her private interest, and election campaign. The resource of the state organization shall include the premises of the SGH, secret information, labor force, technical equipment and financial resource.
3.1.12. it is prohibited to have the employees under his/her supervision, or the employees of the Secretariat office do, demand and order any other tasks not related to their official duties as prescribed by law during the work time.
3.2. The Member may join the following job and position permitted by the Law on the Legal Status of the Member of the SGH:
3.2.1. be appointed as a Prime Minister;
3.2.2. be appointed the Cabinet Minister;
3.2.3. hold any elected jobs and positions in the political party organizations;
3.2.4. be engaged in training and research activities;
3.3. The Member shall be excused from the following positions which s/he was responsible for before s/he was elected to the SGH and may not receive such positions during his office term in the SGH:
3.3.1. position related to the personal guidance of the economic entity
3.3.2. to personally direct the share-holding economic entities, or work as the member of the administration body of their union;
3.3.3. to work in the steering and auditing councils of the profit making and organizations and economic entities;
3.3.4. to be as the head of the department in the universities and colleges, and conduct chargeable services in accordance with his/her profession;
Four. Standards related to the income, travel awards and gifts for the Member of the SGH
4.1. The Member of the SGH shall not be affected by any organizations and economic units and under the financial influence, and shall follow principles of keeping official duties in isolation of his/her private purpose.
4.2. In any other cases unless otherwise permitted by the laws and legislation, the financial influence /interest/ shall be understood as using the official position for his/her or family member’s business purpose, or providing the condition to use it. It shall be prohibited to do following actions in order to keep the official position isolated from the private purpose.
4.2.1. to conduct activities for using his/her name in obtaining securities and property /to interfere to the privatization and auction/, or providing the advantage to others while exercising his/her power.
4.2.2. to conduct activities meeting his/her family members’ interests by using the official position, or submit any draft law protecting interests of family members and relatives.
4.2.3. to process the proposal of the decision related to the state policy through the nongovernmental channel;
4.2.4. not to illegally provide an advantage to any individual and legal entity, or to influence others to make an illegal decision by developing the issue in accordance with his/her full power.
4.2.5. to participate and put pressure in the activities of other organizations in the regard of the issues not related to his/her official position by using his/her official power and based on it business contacts and relations.
4.2.6. to receive the high-level state titles, orders, medals and other state awards of foreign countries without a permission of the President of Mongolia and the Chairman of the SGH.
4.2.7. to receive honorary and awards from the economic units, governmental, non-governmental organizations, local self-governing organizations, council of local citizens and citizens
4.2.8. to hire his/her own family members or relatives, pay them the salary from the state budget and have them work under his/her direct supervision.
4.3. Financial disclosure statement (literally, property and income disclosure) of the Member of the SGH shall be open to the public:
4.3.1. electors and any employee of the media may submit their request on being introduced with the financial disclosure of the Member of the SGH to the Secretariat Office and the Public Relations Office;
4.3.2. Within three days upon the receipt of the request for being introduced with the financial disclosure of the Member, a copy of the disclosure shall be delivered to the person who has requested it;
4.3.3. The Public Relations Office of the SGH may charge the cost for photocopies of the financial disclosure and mail from the person who has submitted the request;
4.4. A new by sworn-in Member of the Secretariat of SGH shall fill out the financial disclosure within a month after s/he takes an oath, in other cases, a Member of the SGH should fill out the financial disclosure each year. A Member, whose term ends, shall submit his/her financial disclosure statement of the period of his/her relief from the office within one month after his/her office term expires.
4.5. A Member shall fill out the financial disclosure form in accord with the established form and submit it before February 1 of each year to the Standing Committee on State Structure. The date of receiving the financial disclosure shall be estimated on the date when all the respective annexes are filled completely and submitted.
4.6. While being on the international and domestic trips, a Member of the SGH may not exceed the term requiring the implementation of the goal of the relevant trip.
4.7. While traveling on a private or official business to a foreign country, a Member shall consult with the and get approval of the Chairman of the SGH in advance.
4.8. Traveling to a foreign country or staying in it a Member shall follow the standard of the state protocol while exercising his/her diplomatic rights.
4.9. A Member may have the international and domestic trips only for the purpose of participating in meeting, seminar, official visit, and cultural and humanitarian events under the financial support of state organizations, officials, external and internal agencies, non-governmental organizations, as well as the profit making organizations sponsoring cultural and humanitarian events.
4.10. not necessary to include in the financial disclosure trips funded by the SGH or private business trip covered by the private fund.
4.11. to follow the principles to have any special sanctions be taken to the state organizations and their employees, to receive from the individual and legal person money or a gift to be valued by money and not to ask for it beyond the regulations established by law.
4.12. has a duty to disclose gifts for him/her to the Standing Committee on State Structure according to the rules indicated in the Law on the Legal Status of the Member o the SGH
4.13. In the following cases, there should not be any limitation in terms of gifts and a Member is not obliged to disclose about it:
- Gifts given by the family and relatives;
- Books and printed materials for providing information
- Gifts related to the wedding and the new baby born ceremony of the Member and the Member’s child
- Gift taken through private friendship relations
- Prizes, gifts and souvenirs for taking part in the competitions and matches openly organized to the public
- Gifts from the political parties
- To take objects and things at will
- The scope of the gift given from one source shall be less than the monthly salary of the Member of the SGH
4.14. It is prohibited to receive a gift, money, tip, loan, special services from the organizations and citizens for the implementation of the official duties of the Member of the SGH and for the work to be implemented and to exercise special advantages and to receive valuable things from the officials and organizations being under oversight and control unless otherwise indicated by law.
4.15. The scope of the income obtained from the jointly held jobs such as elective positions in the political parties, and conducting some training and research allowed by law should not exceed the 50% of the basic salary of the Member of the Parliament except for the Prime Minister and cabinet Minister.
4.16. A Member may receive a bonus for giving speeches and presentations, and writing articles and books in order to improve the education sector, and investment to the intellectual development. In this case, the expected annual income shall not exceed 50% of the basic annual salary of the relevant Member a year.
4.17. A Member of the SGH may have a business income according to the law. The Member shall fully and correctly disclose his/her position in the business entity, business income, loan, income from leasing, securities and other income sources.
Five. Ethical standards to be followed during the election campaign
5.1. It is prohibited to conduct election advertisement activities, to hold any agreement in terms of contributions to the election campaign and taking contributions within the offices of the President, SGH, Cabinet Minister, central public administration and local organizations.
5.2. It is prohibited to involve the state officials in the election advertisement, and to mobilize the employees under his/her direct supervision without a salary during the election campaigning. If the relevant employee permits, s/he may work in the election advertisement of the Member.
Six. Participation in the activities of the non-governmental organizations
7.1. It is prohibited to influence other members by misusing his/her old membership in the SGH within one year after his/her term expires, to make a personal request by using the information that was open to the Members of the SGH, and to draw up the contract and agreement with the SGH and it Secretariat Office representing the third person.
7.2. Member of the SGH may not hold an administrative position in the Governing Body of the profit making foreign organizations and domestic organizations with foreign investment within one year after his/her office term expires.
7.3. Member of the SGH may not work in the Government organization of the foreign country within one year after his/her office term expires.
Eight. Standards on Representing the Electors
8.1. The Member of the SGH shall not discriminate anyone while implementing his/her official duties and along with this, the Member should follow the principle to fulfill voters’ trust and hope.
8.1.1. should not make any preference in terms of meeting interests of familiar people, individuals and organizations, as well as distribute news and information related to the individual’s confidentiality; shall uphold the interest of the nation, rather that the interest of the voters elected from his/her election district;
8.1.2. shall take relevant measures in terms of opinions and complaints submitted by the citizens and voters; shall not act bureaucratically and cause a trouble for them.
8.1.3. shall approach from the honest and principled position while exercising his/her law making power provided by the SGH and strengthen the relationship between the state and public.
Nine. Miscellaneous
9.1. The Ethics Committee shall take control over the fulfillment of the ethical standards established for the Member of the SGH
9.2. In case s/he has violated the ethical standards of the Member of the SGH, these Rules, other respective laws and the regulations indicated in the in the Rules of the Ethics Subcommittee shall be followed.
Signature
Latvijas valsts Saeimas deputātu ētikas kodeksa īstenošanas procedūra