The judiciary of Mongolia is made up of a three-tiered court system (first instance, appellate, supreme court) divided into three branches (civil, criminal, administrative cases). For questions of constitutional law there is a separate constitutional court. Besides there are forms of alternative dispute resolution.
First instance court types are: [1]
The Bayan-Ölgii courts of first instance bear alternative Kazakh names (Сұмын аралық азаматтық/Сұмын аралық қылмыстық/Әкімшілік істер алғашқы сатылы сот). [3]
Appellate court types are: [1]
The highest court in Mongolia is the Supreme Court of Mongolia (Улсын Дээд Шүүх), [7] established in 1927. There are chambers for civil, criminal and administrative cases. The court hears general appeals from courts of lower instance as well as from the Constitutional Court in matters regarding the protection of law and human rights.
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The courts' procedure is governed by the Law on civil procedure, [8] the Criminal procedure law, [9] the Law on the execution of court decisions, [10] and the Law on administrative procedure. [11]
The Judicial General Council of Mongolia (Монгол Улсын Шүүхийн ерөнхий зөвлөл) [12] is to maintain the independence of the judiciary. [13] The status of judges is determined by a separate law. [14] The number of judges for each court is set by parliament. [15]
For commercial disputes there is among others the Mongolian International and National Arbitration Center (MINAC; Монголын Олон Улсын ба Үндэсний Арбитр), established in 1960 at the Mongolian National Chamber of Commerce and Industry (MNCCI). [16] [17] The Law on mediation and conciliation [18] provides for further forms of alternative dispute resolution.
Mongolia's highest court in constitutional matters is the Constitutional Court of Mongolia (Монгол Улсын Үндсэн хуулийн цэц). [19] It was established in 1992 and has its own procedural law. [20]
The Mongolian Armed Forces is the collective name for the Mongolian military and the joint forces that comprise it. It is tasked with protecting the independence, sovereignty, and territorial integrity of Mongolia. Defined as the peacetime configuration, its current structure consists of five branches: the Mongolian Ground Force, Mongolian Air Force, Construction and Engineering Forces, cyber security, and special forces. In case of a war situation, the Border Troops, Internal Troops and National Emergency Management Agency can be reorganized into the armed forces structure. The General Staff of the Mongolian Armed Forces is the main managing body and operates independently from the Ministry of Defence, its government controlled parent body.
Buyant-Ukhaa International Airport, formerly called Chinggis Khaan International Airport from 2005 to 2020, is a semi-operational international airport serving Ulaanbaatar, Mongolia, situated 18 km (11 mi) southwest of the capital. Largely replaced by a new airport, it currently functions as a backup airport, with a view to be used for flight training as well as for special, charter, and government flights.
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The Civil Will–Green Party is a green liberal political party in Mongolia.
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 National University of Mongolia is a public university primarily located in Ulaanbaatar, Mongolia. Established in 1942, it is the oldest institution of higher learning in Mongolia, and originally named in honour of Khorloogiin Choibalsan as Choibalsan State University. It hosts 5 main faculties in Ulaanbaatar, two branches, and three academies of national importance.
The current Constitution of Mongolia was adopted on 13 January 1992, put into force on 12 February, with amendments made in 1999, 2000 and 2019. The constitution established a representative democracy in Mongolia, enshrining core functions of the government, including the separation of powers and election cycle, and guaranteeing human rights including freedom of religion, travel, expression, private property. The document was written after the Mongolian Revolution of 1990, effectively dissolving the Mongolian People's Republic.
A Mongolian passport is a document which authorises and facilitates travel and other activities in Mongolia or by Mongolian citizens.
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 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.
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.
The National Human Rights Commission of Mongolia was established under the Law on the National Human Rights Commission of Mongolia 2000 and commenced operations on 1 February 2001.
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The Ministry of Defence of Mongolia is a ministry of the Government of Mongolia. According to the Law on the Defence of Mongolia, the Ministry is responsible for developing Defence Policy, coordinating its political, economic, social, legal and military implementation, and exercise civilian control over the Mongolian Armed Forces. The current Minister Gürsediin Saikhanbayar was appointed in July 2020.
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The National Security Council of Mongolia (NSC) (Mongolian: Монгол Улсын Үндэсний аюулгүй байдлын зөвлөл) is a consultative body to the Office of the President of Mongolia. It focuses mainly on briefing high ranking national security and/or political figures on the state of internal and external threats in Mongolia. It also advises the President in his/her orders to the Mongolian Armed Forces under the Ministry of Defense and the National Police Agency under the Ministry of Justice and Internal Affairs. The NSC is affiliated with the larger Security and Foreign Policy Council (established in April 2010) and the Information and Analytical Council, the latter of which is composed of former politicians, military leaders, diplomats, and academics and intellectual experts.
The National Police Agency is an agency that is part of the Government of Mongolia and acts as a reserve force for the Armed Forces of Mongolia. It is currently an agency of the Mongolian Ministry of Justice and Home Affairs and is the primary law enforcement organization in Mongolia. The Police is assisted by the Directorate of the Internal Troops of Mongolia.
The National Emergency Management Agency or NEMA is a paramilitary government agency overseeing emergency services in Mongolia. It was established with the duty to conduct nationwide post-disaster activities. It is similar to the Russian Ministry of Emergency Situations. It is responsible for developing environmental legislation as well as managing the fall out from natural disasters and conducting rescue work.
Presidential elections were held in Mongolia on 9 June 2021.