CHAPTER THREE. The State System of Mongolia
ONE. The State Great Hural (Parliament) of Mongolia
Article 20
The State Great Hural (Parliament) of Mongolia shall be the highest organ of State power, and the legislative power shall be vested exclusively in the State Great Hural (Parliament).
Article 21
- The State Great Hural (Parliament) shall have one chamber, and shall be composed of seventy-six members.
- Members of the State Great Hural (Parliament) shall be elected by the citizens who are qualified to vote, on the basis of universal, free, direct suffrage by secret ballot for a term of four years.
- Any citizen of Mongolia, who have attained the age of twenty five years and are qualified to vote, shall be eligible to be elected to the State Great Hural (Parliament).
- The rules of procedure for the elections of members to the State Great Hural (Parliament) shall be prescribed by law.
Article 22
- If regular elections of the State Great Hural (Parliament) may not be held due to extraordinary circumstances, such as sudden calamities occurring in the whole or a part of the country, then the State Great Hural (Parliament) shall retain its power until such extraordinary circumstances cease to exist, and the newly elected members of the State Great Hural (Parliament) are sworn in.
- The State Great Hural (Parliament) may decide on its dissolution if at least two thirds of its Members consider that the State Great Hural (Parliament) is unable to carry out its mandate, or if the President, in concurrence with the Speaker of the State Great Hural (Parliament), proposes to do so for the same reason. In case of such a decision, the State Great Hural (Parliament) shall exercise its powers until the newly elected Members of the State Great Hural (Parliament) are sworn in.Unless otherwise provided in the Constitution, if the State Great Hural (Parliament) is not able to discuss and decide the proposal for appointing the Prime Minister of Mongolia within forty five days, after its submission to the State Great Hural (Parliament), then either it shall dissolve itself or the President shall dissolve the State Great Hural (Parliament).
Article 23
- The member of the State Great Hural (Parliament) is representative of the people and shall respect and uphold the interests of all the citizens and the State.
- The term of office for the Members of the State Great Hural (Parliament) shall start with the oath sworn before the State Coat of Arms, and shall expire when the newly elected members of the State Great Hural (Parliament) are sworn in.
Article 24
- The State Great Hural (Parliament) shall nominate and elect the Speaker and Vice Speakers from among its members by an open ballot. The Vice Speakers of the State Great Hural (Parliament) shall be elected from each political party and/or coalition groups that have been formed as a result of that election to the State Great Hural (Parliament).
- The term of office for the Speaker and Vice-Speakers of the State Great Hural (Parliament) shall be for four years. They may be released or removed from their office before the expiry of their terms of office on the grounds prescribed by law.
Article 25
- The State Great Hural (Parliament) may consider at its own initiative any issue pertaining to domestic and foreign policies of the State, and the following matters within its exclusive prerogative shall be vested therein and decided upon:
- Enact laws, and make amendments or changes to them;
- Determine the basis of the domestic and foreign policies of the State;
- Set forth and announce the date of elections for the Presidency and to the State Great Hural (Parliament) or its members;
- Determine and change the structure and composition of the Standing Committees of the State Great Hural (Parliament), the Government (Cabinet), and other organs directly responsible and accountable for their work to it as prescribed by law;
- Consider the President as elected, and enact the law recognizing his/her powers, and to release or remove him/her;
- Appoint, replace or remove the Prime Minister, members of the Government (Cabinet Ministers) and the composition of other organs directly responsible and accountable for their work to the State Great Hural (Parliament) as prescribed by law;
- Determine the financial and credit, official taxation and monetary policies of the State, and the main directives for national economic and social development, and to approve the Government Program of Action, the State budget, and their performance reports;
- Supervise and inspect the enforcement of laws and other decisions by the State Great Hural (Parliament);
- Establish the State borders;
- Determine the structure, composition and the powers of the National Security Council of Mongolia;
- Approve or change the administrative and territorial division of Mongolia as submitted by the Government (Cabinet);
- Determine the legal basis of the system, organizational structure and activities of the local self-governing and administrative organs;
- Institute titles of honor, orders, medals and highest military ranks of the State, and to determine the table of ranks for some special sector officials of the public service;
- Make the decision on amnesty;
- Ratify or annul international instruments to which Mongolia is a Party, and to establish and sever diplomatic relations with foreign states, as submitted by the Government (Cabinet);
- Hold national referendums (plebiscites). Verify the validity of a referendum in which the majority of citizens who are qualified for elections have participated, and to consider the question which obtained a majority vote as decided;
- Declare a state of war in the cases when the sovereignty and independence of the State is threatened by the armed actions of foreign states, and to mitigate thereof;
- Declare a state of emergency or a state of war in the whole or some parts of the country in special circumstances described in Sections 2 and 3 of this Article. and to approve or nullify the President’s decree to that effect.
- Under the following extraordinary circumstances the State Great Hural (Parliament) may declare a state of emergency to eliminate the consequences thereof, and to restore the life of the population and society to normality:
- The natural disasters or other unforeseen dangers which threaten or may threaten directly the life, health, well-being and security of the population in the whole or a part of the country’s territory, have occurred;
- The organs of state are not able within their authority to cope with the public disorders caused by organized, violent, illegal actions of an organization or a group of people, that is threatening the Constitutional order and the existence of the legitimate societal system.
- The State Great Hural (Parliament) may declare a State of War, if public disorder in the whole or a part of the country’s territory result in an armed conflict or creates a clear and present danger of an armed conflict, or if there is armed aggression or a clear and present danger of such aggression from outside.
- The other powers, organizational structure, and the rules of procedures for the State Great Hural (Parliament) shall be determined by law.
Article 26
- The President, Members of the State Great Hural (Parliament), and the Government (Cabinet) shall exercise the right to legislative initiative.
- Citizens and other organizations shall put forward the comments or proposals on draft laws through the legislative initiators.
- The laws of Mongolia shall be officially promulgated by the State Great Hural (Parliament), and unless otherwise provided by law, it shall become effective and enter into force after ten days since the date of its publication.
Article 27
- The State Great Hural (Parliament) shall exercise its powers through its sessions and other organizational forms.
- Regular sessions of the State Great Hural (Parliament) shall be held once in every half year for not less than fifty working days.
- Extraordinary sessions may be convened at the demand of more than one third of the Members of the State Great Hural (Parliament), and/or at the initiative of the President and the Speaker of the State Great Hural (Parliament).
- The President shall convoke the constituent sessions of the State Great Hural (Parliament) within thirty days following the general elections. All other sessions shall be convened by the Speaker of the State Great Hural (Parliament).
- In case of the proclamation by the President of a state of emergency or war, the State Great Hural (Parliament) shall be convened for an extraordinary session within seventy two hours without prior announcement.
- Sessions of the State Great Hural (Parliament) and sittings of its Standing Committees shall be considered valid with the presence of a majority of its members, and issues shall be decided by a majority vote of the members present in such sittings. Decisions on appointment of the Prime Minister and members of the Government (Cabinet Ministers), as well as other issues, unless otherwise provided by law, shall be decided by open vote.
Article 28
- The State Great Hural (Parliament) shall have its Standing Committees on relevant sectors and direction of its activities.
- The competence, organizational structure, and the rules of procedures for the Standing Committees shall be determined by the State Great Hural (Parliament).
Article 29
- Members of the State Great Hural (Parliament) shall receive a salary from the state budget during their term of office. Members of the State Great Hural (Parliament) may not hold concurrently any employment or position, that are incompatible with their duties as assigned by law, other than the posts of the Prime Minister and member of the Government (Cabinet minister).
- The inviolability of Members of the State Great Hural (Parliament) shall be protected by law.
- The issue concerning a Member of the State Great Hural (Parliament), who was involved in crime, shall be discussed and decided by a session of the State Great Hural (Parliament) as to whether or not to suspend his/her powers. If a court determines that such Member concerned is guilty of a crime commission, then the State Great Hural (Parliament) shall recall and remove him/her as its member.
TWO. The President of Mongolia
Article 30
- The President of Mongolia shall be the Head of State and the embodiment of the unity of Mongolian people.
- An indigenous citizen of Mongolia, who has attained the age of forty five years and has permanently resided in his/her motherland for at least five years, shall be qualified to be elected as the President for a term of four years.
Article 31
- The Presidential elections shall be held in two stages.
- The political parties with seats in the State Great Hural (Parliament) shall nominate either individually or collectively one single candidate each for Presidency.
- At the primary stage of the elections, all citizens eligible to vote shall participate in electing the President on the basis of universal, free and direct suffrage by secret ballot.
- The State Great Hural (Parliament) shall consider the candidate who has obtained a majority of all votes cast in the first vote as elected the President, and shall promulgate the law recognizing his/her powers.
- If none of the candidates obtains a majority vote at the first round, then the two candidates, who have obtained the largest number of votes at the first round, shall be included for the second vote. The candidate, who obtains a majority of all votes cast at the second ballot, shall be considered as elected the President, and the law recognizing his/her mandate powers shall be enacted by the State Great Hural (Parliament).
- If neither of the candidates has obtained the majority of votes by the electorate during such second ballot, then the Presidential elections shall be conducted again.
- The President may be re-elected only once.
- The President shall not concurrently hold the posts of the Prime Minister, or as member of the State Great Hural (Parliament) or the Government (Cabinet), or hold any other job or official position, that are not responsibilities determined by law. If the President is holding another job or official position, then he/she shall be released from this responsibility effective from the date on which he/she has sworn the oath.
Article 32
- The term of office of the President shall become effective with the oath sworn by him/her, and shall expire with the oath sworn by the newly elected President.
- Within thirty days after being elected, the President shall be swearing the oath to the State Great Hural (Parliament) as: “I do hereby swear, that I shall safeguard and defend the independence and sovereignty of Mongolia, the freedom of our people and national unity, and that I shall uphold and observe the Constitution, and that I shall faithfully discharge the duties of the President”.
Article 33
- The President shall exercise the following prerogative powers:
- Veto, either partially or wholly, the laws and other decisions adopted by the State Great Hural (Parliament). Such laws or decisions shall remain in force, if after having been discussed, two thirds of Members of the State Great Hural (Parliament) present and voting do not accept this veto by the President;
- Submit to the State Great Hural (Parliament) a proposal to appoint as the Prime Minister, a person who has been nominated by a party or coalition that obtained a majority of seats in the State Great Hural (Parliament), and if neither party nor coalition have obtained a majority, then a person who has been nominated by a party or coalition with the largest number of seats, in consensus with other parties or coalitions, and if a party or coalition with the largest number of seats is not able to reach such consensus and nominate a candidate for the Prime Minister, then a person who has been nominated by a majority with consensus from parties and/or coalitions with seats in the State Great Hural (Parliament), within five days;
- Provide guidelines for the Government (Cabinet) on issues within its powers. If the President issues the decree with this regard, then it shall become effective upon its counter-signature by the Prime Minister;
- Represent the State with full authority in foreign relations, and, in concurrence with the State Great Hural (Parliament), to conclude international treaties on behalf of Mongolia;
- Appoint and recall the heads of plenipotentiary missions of Mongolia to foreign countries, in concurrence with the State Great Hural (Parliament);
- Receive the Letters of Credence or Recall for the heads of plenipotentiary missions of foreign states to Mongolia;
- Confer State titles and highest military ranks, and award orders and medals;
- Grant a pardon;
- Decide matters on acquisition and loss of citizenship of Mongolia, and granting asylum;
- Head the National Security Council of Mongolia;
- Declare a general or partial military conscription;
- Declare a state of emergency or a state of war on the whole or part of the national territory, and to issue its ordinance on the deployment of the Armed Forces whenever extraordinary circumstances, prescribed in Sections 2 and 3 of Article Twenty Five of the Constitution, have arisen and whereby the State Great Hural (Parliament) session is in its recess period. The State Great Hural (Parliament) shall discuss within seven days after issuance of the Presidential decree declaring a state of emergency or a state of war, and shall either endorse or invalidate it. If the State Great Hural (Parliament) does not take decision on the matter, then such decree shall be considered null and void.
- The President shall be the Commander-in-Chief of the Armed Forces of Mongolia.
- The President may issue messages addressed to the State Great Hural (Parliament) and/or to the people, may attend the sessions of the former at its own discretion, and may brief regarding and submit its proposals concerning the issues of utmost importance on the national domestic and foreign policies.
- Specific powers may be vested in the President only by law.
Article 34
- The President within its powers shall issue the decrees in conformity with law.
- If Presidential decrees are not in conformity with law, then the President by him/herself or the State Great Hural (Parliament) shall invalidate them.
Article 35
- The President shall be accountable for its work to the State Great Hural (Parliament).
- If the President has committed breach of its oath of office and violated the Constitution and abused the Presidential powers, then he/she may be removed from office, based on the conclusion of the Constitutional Tsets (Court), by an overwhelming majority of all Members of the State Great Hural (Parliament) present and voting.
Article 36
- The person, residence and transport of the President shall be inviolable and have the immunity.
- The dignity and immunity of the President shall be protected by law.
Article 37
- In the temporary absence of the President, its powers shall be exercised by the Speaker of the State Great Hural (Parliament).
- If the President has resigned, died or voluntary released, then its powers shall be exercised by the Speaker of the State Great Hural (Parliament) until the inauguration of the newly elected President. In such cases, the State Great Hural (Parliament) shall announce and conduct the Presidential elections within four months.
- The procedure for discharge of the Presidential duties by the Speaker of the State Great Hural (Parliament) shall be prescribed by law.
THREE. The Government (Cabinet) of Mongolia
Article 38
- The Government (Cabinet) of Mongolia shall be the highest executive organ of the State.
- The Government (Cabinet) shall enforce the laws of the State, and in accordance with its common functions of managing the economic, social and cultural system shall exercise the following powers:
- Organize and ensure the nation-wide enforcement of the Constitution and other laws;
- Develop the integrated policy on science and technology, the guidelines for national economic and social development, the State budget, the credit and fiscal plans and to submit them to the State Great Hural (Parliament), and to enforce the decisions made thereon;
- Develop and implement the measures on sectoral, inter-sectoral, as well as regional development issues;
- Undertake measures for protection of the environment, the sustainable use and restoration of natural resources;
- Manage expediently the central organs of the State [public] administration, and to direct the activities of local administrative organs;
- Strengthen the country’s defense capacity, and to ensure the national security;
- Undertake the measures for protection of human rights and freedoms, enforcement of public order, and fighting against crimes;
- Implement the foreign policy of the State;
- Conclude and implement international treaties to which Mongolia is a Party with the concurrence of and for subsequent ratification by the State Great Hural (Parliament), as well as to conclude and abrogate inter-governmental agreements.
- The specific powers, organizational structure and operational rules of procedure for the Government (Cabinet), shall be determined by law.
Article 39
- The Government (Cabinet) shall be comprised of the Prime Minister and members (Cabinet ministers).
- The Prime Minister shall, in concurrence with the President, submit his/her proposal on the structure and composition of the Government (Cabinet) and its changes to the State Great Hural (Parliament).If the Prime Minister is not able to reach a consensus on this issue with the President, within a week, then he/she shall submit it by himself/herself to the State Great Hural (Parliament).
- The State Great Hural (Parliament)shall appoint the members of the Government (Cabinet Ministers), as submitted by the Prime Minister, by discussing upon and deciding on each [nominee] person.
Article 40
- The full term of office for the Government (Cabinet) shall be four years.
- The full term of office for the Government (Cabinet) shall start from the appointment of the Prime Minister by the State Great Hural (Parliament), and shall terminate upon the appointment of new Prime Minister.
Article 41
- The Prime Minister shall manage the Government (Cabinet), and shall be accountable to the State Great Hural (Parliament) for the enforcement of laws of the state.
- The Government (Cabinet) shall be accountable for and report its activities to the State Grand Hural (Parliament).
Article 42
- The inviolability of the Prime Minister and Members of the Government (Cabinet ministers) shall be protected by law.
Article 43
- The Prime Minister may tender his/her resignation to the State Great Hural (Parliament) before the expiry of his/her term of office, if he/she considers that the Government (Cabinet) is not able to exercise its powers.
- The Government (Cabinet) shall resign in its entirety, if the Prime Minister has resigned or if the half of the Members of the Government have resigned at the same time.
- The State Great Hural (Parliament) shall discuss and decide within fifteen days, after making its own initiative, or upon receiving the President’s proposal, or upon the Prime Minister’s statement, on whether or not to dismiss the Government.
- The State Great Hural (Parliament) shall discuss and decide on dismissal of the Government (Cabinet), if at least one fourth of members of the State Great Hural (Parliament) have formally proposed it.
Article 44
If the Government (Cabinet) submits a draft resolution requesting a vote of confidence in it, then the State Great Hural (Parliament) shall proceed with this matter in accordance with the procedure prescribed by Section 3 of Article Forty Three.
Article 45
- The Government (Cabinet) shall, within its powers and in conformity with the legislation, issue the resolutions and ordinances, and they shall be signed by the Prime Minister and the concerned minister, who is responsible for enforcement of respective decisions.
- If the Government (Cabinet) resolutions and ordinances are not in conformity with the legislation, then the Government (Cabinet) itself or the State Great Hural (Parliament) shall invalidate them.
Article 46
- Ministries of Mongolia and other offices of the State shall be established in accordance with law.
- The real employees of State (civil servants) shall be the citizens of Mongolia, and shall work for the benefit of its people, strictly abiding by the Constitution and with other laws, and in the interests of the State in their civic capacity.
- The working conditions and social guarantees for civil servants shall be determined by law.
FOUR. The Judicial Power
Article 47
- The judicial power in Mongolia shall be exercised exclusively by the courts.
- The illegal establishment of the courts under any circumstances, and implementation of the judicial power by any other organization, shall be prohibited.
- The courts shall be instituted solely under the Constitution and by other laws.
Article 48
- The judicial system shall consist of the Supreme Court, the aymag (provincial) and the capital city courts, soum (county) or inter-soum (inter-county), and district courts, whereas the specialized courts, such as criminal, civil and administrative by task types of the administration of justice, may be established. The activities and decisions of these specialized courts shall not but be under oversight by the Supreme Court.
- The organizational structure of courts and the legal basis of their operations shall be established by law.
- The courts shall be financed from the State budget. The State shall ensure the economic guarantees for the operations of courts.
Article 49
- The judges shall be impartial and subject only to law.
- The President, the Prime Minister, the members of the State Great Hural (Parliament), the members of the Government (Cabinet ministers), or the officials of the State, political parties or other public organizations, citizens or anyone else, shall not interfere with the discharge of judicial duties by the judges.
- The General Council of Courts (Judicial Service Commission) shall work for the purpose of ensuring the impartiality of judges and independence the judiciary.
- The General Council of Courts (Judicial Service Commission), without interfering in the judicial proceedings of courts and judges, shall discharge duties such as concerning the selection of judges from exclusively amongst lawyers, protection of their rights, and other matters pertaining to providing the conditions that guarantee the autonomous functioning of judges.
- The organizational structure and operational rules of procedure for the General Council of Courts (Judicial Service Commission) shall be prescribed by law.
Article 50
- The Supreme Court of Mongolia shall be the highest judicial organ, and shall exercise the following powers:
- Adjudicate through a first instance procedure the criminal cases and legal disputes assigned under its jurisdiction by law;
- Examine the decisions of lower-instance courts through a procedure of appeal or cassation (review);
- Examine and make decisions on matters regarding the protection of law, human rights and freedoms prescribed therein, as transferred from the Constitutional Tsets (Court) or by the Prosecutor General;
- Issue the official interpretations for correct application of all laws, except for the Constitution;
- Make decisions on all other matters assigned by law.
- The decisions by the Supreme Court shall be the final judgments, and shall compulsorily be enforced by all courts and other entities. If the decisions by the Supreme Court are incompatible with law, then the Supreme Court itself shall repeal them. If the interpretations by the Supreme Court are incompatible with the law, then that law shall prevail over and be enforced.
- The Supreme Court and other courts shall not be entitled to apply the laws that are incompatible with the Constitution, or that have not been officially promulgated.
Article 51
- The Supreme Court shall be composed of the Chief Justice and judges.
- The President shall appoint the judges of the Supreme Court upon their presentation to the State Great Hural (Parliament) by the General Council of Courts (Judicial Service Commission), and appoint the judges of other courts, upon the proposal by the General Council of Courts (Judicial Service Commission).
- A citizen of Mongolia, who has attained the age of thirty five years, with higher education in law and a professional career of not less than ten years, may be appointed as a judge of the Supreme Court. A citizen of Mongolia, who has attained the age of twenty five years of age, with higher education in law and a professional career of at least three years, may be appointed as the judge of other courts.
- A removal of a judge of the court at any instance shall be prohibited, except for the cases whereby he/she is released at his/her own request, or when dismissed on the grounds prescribed by the Constitution and/or by the law on judiciary, and in accordance with a valid decision by the court.
Article 52
- The courts at all instances shall adjudicate the cases or disputes on the principle of collective decision-making.
- In making a collective judgment on cases and disputes, the courts of first instance shall allow the representatives of citizens to participate in accordance with the procedure as prescribed by law.
- A judge may consider and make judgments alone on some cases, which are specifically provided for and prescribed by law.
Article 53
- The administration of justice shall be conducted in the Mongolian language.
- A person who does not know Mongolian language shall be acquainted fully with the case documentation through an interpretation, and shall have the right to expression in his/her native language at the court trials.
Article 54
Courts shall adjudicate the cases through open hearings, except for the cases specifically prescribed by law.
Article 55
- The accused shall have the right to self-defense.
- The accused shall be accorded with the professional legal aid in the exercise of the above right at his/her request or as prescribed by law.
Article 56
- Public prosecutors shall exercise supervision over the inquiry and investigation of cases and the execution of punishment, and shall participate in the court proceedings on behalf of the State.
- The President shall appoint the Prosecutor General and his/her deputies in concurrence with the State Great Hural (Parliament) for a term of six years.
- The organizational system, structure and a legal basis of the activities for public prosecutor’s office shall be determined by law.
