MONGOLIAN STATE EMPLOYEE’S ETHICS AND COMMON COORDINATION

Reputation of public organizations usually depends on communications and attitudes of civil servants to their job and position, which are directly related to personal and official ethics of that state servants. In this research, I tried to study on issues, to be paid attention in obeying general the code of ethics for civil servants and on how the ethical violations of officers of public organizations comply with the laws and rules. There is a lack of work that specifically study the ethics of civil servants from a theoretical standpoint, and it is possible to search for the basis of this problem in the historical and modern approaches of theory, philosophy and sociology of legislation. From the point of view of legal philosophy, we can get a clear understanding of the concept of being ethical as a statesman through the ancient Greek philosopher Aristotle's series of works such as “Nicomachean Ethics”, “Eudemian Ethics”, “Ethics”, Charles Montesquieu's “The Spirit of the Laws”, Hans Kelsen's “General Theory of Norms”. However, from the point of view of legal sociology, the following 2 issues are of interest to the researcher after studying the public normative acts using the document research method (currently, in Mongolia, the ethical issues of civil servants are regulated by normative acts, not by law). This includes: 1.As there is a lack of knowledge among the entities authorized about the issue regarding regulations of ethics of civil servants, it is necessary to establish and implement a regulatory act on the investigation and accountability of ethical issues of the civil servants in Mongolia. It is repeatedly stated by the Civil Court and Administrative Affair Court that the ethics committee of any government organization is not a commission to determine the professional skills of the employees of the organization (i.e. civil servants) and therefore its conclusions are not considered as the conclusions of the commission to determine the level of profession and skills. The statistical data of the cases in the proceedings shows that even though court decisions have been made and the practice of law enforcement has been established, the authorized officials of government organizations have not yet learned to understand this concept, learn to operate process correctly and use the law. 2.During employee selection for public service, only taking professional and skill test from the candidates and employing the ones who passed, is an action of completely ignoring the issue of ethics from the beginning. The “Selection Procedure for Evaluating the Conditions and Requirements for Judges” approved by the Resolution No. 5 on March 10, 2022 of the General Council of the Judiciary on the Evaluation of Ethics and Behavior in the Selection of Judges and Special Civil Servants, began to be implemented as the first valid document on the pre-assignment assessment of behavior of the civil servants. Section 6.2.3 of the “Selection Procedure for Evaluating the Conditions and Requirements for Judges” states that the candidate will be interviewed by at least 10 people and recorded in order to obtain information about the candidate's ethical behavior. Although, such progresses are being made, it is no secret that the ethical issue of civil servants in Mongolia is still a problematic topic. This time, I tried to investigate on issues to be considered in obeying common ethical norms of civil servants, furthermore, study whether the determination the violation of civil servant ethics are in accordance with the law and regulations. These issues will be further studied and brought to you in a series by each civil service category.