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Administrative courts in Mongolia. The 1992 Constitution of Mongolia says: "The judicial system shall consist of the Supreme Court, Aimag (provincial) and capital city courts, Sum (county), inter-sum and district courts in Mongolia. Specialized courts such as criminal, civil and administrative courts may be formed. The activities and decisions of the specialized courts shall not but be under the supervision of the Supreme Court". This is the origin of the administrative courts, the first ever and only specialized courts in Mongolia. On December 26, 2002 the State Great Khural passed the Law on establishment of administrative court along with the Law on procedure for administrative cases in accordance with Article 48 (1) of the Constitution. It took almost ten years to convince the State Great Khural to pass this law with enormous work of lawyers and scholars, and the support of international organizations. The law of Mongolia on procedure for administrative cases entered into force on June 1, 2004. It is divided into two sections: first – procedure for administrative tribunal(s) and higher administrative officials to pre-decide the original act based on the complaint submitted by citizen or legal entity, second – procedure for administrative courts.
The only target of this court procedure is “administrative act or action” and its validity and legitimacy. Article 3.1.4 of the Law of Mongolia on procedure for administrative cases provides the following definition. An administrative act is a single compelling order or commanding action [which causing direct legal result] that issued or acted by an administrative authority, official in oral or written form, in order to regulate the particular incident caused in public legal framework. Hence, the most common types of acts that likely to be in issue in administrative cases would be, but not limited to, all kinds of government licensing, tax order, land related regulation and government procurement.
The Supreme Court [1] has three chambers: civil, criminal, administrative, and consists of 17 justices. The court hears the civil and criminal cases with a panel of five justices. The general court system consists of the Supreme Court - last resort, aimag and capital city courts – appellate, Sum, inter-sum and district courts – trial.
For the following two reasons, the State Great Khural decided that the administrative courts should be organized differently from the ordinary court system. The reasons are first – financial (shortage of funding to establish three levels of administrative courts) and second – not enough cases to employ the courts in sums and districts. Thus, every Aimag and capital city (but not sum and district) has its administrative court and it is a trial court with jurisdiction over cases arising out of its own public administration or official action.
The Administrative Chamber of the Supreme Court had responsibility, until recently, not only as a last instance court but also as an intermediate appellate court. The intermediate appellate panel decides the case with a panel of three justices and is not limited to considering the issues stated in appeal but must review the whole case. As a last instance court, the Administrative Chamber hears the case with a panel of five justices. Moreover, if the case has been heard by the Chamber prior to this latter hearing, the justices who took part in the first hearing must recuse themselves. Administrative courts began operating on June 1, 2004. Since 2004, administrative courts in Mongolia have been operating without an intermediate appellate court. Up to date, there were 21 provincial administrative courts existing as first instance courts and their decisions were appealed directly to the Administrative Chamber of the Supreme Court, which acted as both intermediate appellate court and court of last resort for administrative cases.
Seven years after Mongolia established its first specialized court for administrative cases, the country decided to complete its court system for disputes in administrative law by establishing the intermediate appellate court. On April 1, 2011, the Administrative Court of Appeals [2] began operating in Ulaanbaatar city, deciding cases which appealed judgment of 21 provincial administrative courts and the Capital city administrative court. [3]
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules.
In the United States, a state supreme court is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in both state and federal courts.
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The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders, the District of Columbia Circuit, which covers only Washington, D.C., and the Federal Circuit, which hears appeals from federal courts across the United States in cases involving certain specialized areas of law. The courts of appeals also hear appeals from some administrative agency decisions and rulemaking, with by far the largest share of these cases heard by the D.C. Circuit. Appeals from decisions of the courts of appeals can be taken to the U.S. Supreme Court.
In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction, which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts. For courts of general jurisdiction in civil law system, see ordinary court.
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The Supreme Court of Finland, located in Helsinki, is the court of last resort for cases within the private law of Finland. The Court's counterpart is the Supreme Administrative Court, which is the court of last resort for cases within the administrative law.
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and highcourt of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.
The Supreme Court of the Republic of China is the court of last resort in the Republic of China (Taiwan), except matters regarding interpretation of the Constitution and unifying the interpretation of laws and orders which are decided by the Constitutional Court of the Judicial Yuan.
The courts of appeal are the main appellate courts in the judicial system of Belgium, which hear appeals against judgements of the tribunals of first instance, the enterprise tribunals and the presidents of those tribunals in their judicial area. There are five courts of appeal for each of the five judicial areas, which are the largest geographical subdivisions of Belgium for judicial purposes. The division of the Belgian territory into the five judicial areas is laid down in article 156 of the Belgian Constitution. A judicial area covers multiple judicial arrondissements ("districts"), except for the judicial area of Mons. Each arrondissement has a tribunal of first instance. Further below, an overview is provided of the five courts of appeal and the judicial arrondissements their judicial area covers. It is important to note that the courts of appeal do not hear appeals against judgements of the labour tribunals; these are heard by the courts of labour.
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The Supreme Court of Mongolia is the highest court in the judicial system of Mongolia, and is generally the court of last resort for non-constitutional matters. It is established by Article 48(1) of the Constitution of Mongolia. The 1992 Constitution states in Article 50(1) that "the Supreme Court shall be the highest judicial organ".
Administrative law in Mongolia is the body of law that governs the activities of administrative agencies of the Mongolian government. These activities include rulemaking, adjudication, or the enforcement of a specific regulatory agenda.
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The judiciary of Mongolia is made up of a three-tiered court system divided into three branches. For questions of constitutional law there is a separate constitutional court. Besides there are forms of alternative dispute resolution.
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