{ Adopted: 13 Jan 1992 / Status: 12 Feb 1992 }
[Preamble]
We
Strengthening the independence and sovereignty of the
nation,
Cherishing human rights and freedoms, justice, and national
unity,
Inheriting the traditions of national statehood, history, and
culture,
Respecting the accomplishments of human civilization,
And aspiring toward the supreme objective of building a
humane, civil and democratic society in the country
Hereby proclaim the Constitution of Mongolia.
Article 1 [Sovereignty, Independence, Principles]
(1) Mongolia is an independent, sovereign republic.
(2) The fundamental purpose of state activity is the ensurance of
democracy, justice, freedom, equality, and national unity and
respect of law.
Article 2 [Unitary State]
(1) By its state structure, Mongolia is a unitary State.
(2) The territory of Mongolia is divided into administrative
units only.
Article 3 [Sovereignty]
(1) State power is vested in the people of Mongolia. The
people exercises it through direct participation in state affairs
and through representative bodies of state power elected by
them.
(2) Illegal seizure of state power or attempted seizure are
prohibited.
Article 4 [Integrity]
(1) Territorial integrity and frontiers of Mongolia are inviolable.
(2) The frontiers of Mongolia are safeguarded by law.
(3) Stationing of foreign troops in the territory of Mongolia or
allowing them to cross the state borders for the purpose of
passing through the country's territory is prohibited unless
permitted by an appropriate law.
Article 6 [Economy]
(1) Mongolia's economy is based on different forms of property
following both universal trends of world economic development
and national specifics.
(2) The State recognizes all forms of both public and private
property
(3) The owner's rights are restricted exclusively by due process
of the law.
(4) The State regulates the economy of the country with a view
to ensure the nation's economic security, the development of all
modes of production, and social development of the population.
(5) The livestock of the country is national wealth and subject
to state protection.
Article 6 [Public Wealth, Restrictions for Foreigners]
(1) The land, its subsoil, forests, water, fauna, and flora and
other natural resources are subject to national sovereignty and
state protection.
(2) The land except that in citizen's private ownership, as well
as the subsoil with its mineral wealth, forests, water resources,
and game is the property of the State.
(3) The State may give for private ownership plots of land
except pastures and areas under public and special use, only to
the citizens of Mongolia. This provision does not apply to the
ownership of the subsoil thereof.
Citizens are prohibited to transfer the land in their possession to
foreigners
(4) The State has the right to hold landowners responsible
regarding the manner the land is used, to exchange or take it
over with compensation on the grounds of special public need,
or confiscate the land if it is used in a manner adverse to the
health of the population, the interests of environmental
protection, or national security.
(5) The State may allow foreign nationals, legal persons, and
stateless persons to lease land for a specified period of time
under conditions and procedures as provided by law.
Article 7 [Culture]
(1) The historical, cultural, scientific, and intellectual heritage
of the Mongolian people is under the protection of the state.
(2) Intellectual values produced by the citizens are the property
of their authors and the national wealth of Mongolia.
Article 8 [Language]
(1) The Mongolian language is the official language of the
State.
(2) Paragraph (1) does not affect the right of national minorities
of other tongues to use their native languages in education and
communication and in the pursuit of cultural, artistic, and
scientific activities.
Article 9 [Church]
(1) The State shall respect the Church and the Church shall
honor the State.
(2) State institutions may not engage in religious activities and
the Church may not pursue political activities.
(3) The relationship between the State and the Church is
regulated by law.
Article 10 [Foreign Policy, Treaties]
(1) Mongolia adheres to the universally recognized norms and
principles of international law and pursues a peaceful foreign
policy.
(2) Mongolia fulfills in good faith its obligations under
international treaties to which it is a Party.
(3) The international treaties to which Mongolia is a Party
become effective as domestic legislation upon the entry into
force of the laws on their ratification or accession.
(4) Mongolia may not abide by any international treaty or other
instruments incompatible with its Constitution.
Article 11 [Security, Armed Forces]
(1) It is the duty of the State to secure the country's
independence and ensure national security and public order.
(2) Mongolia maintains armed forces
Article 12 [State Symbols]
(1) The symbols of the independence and sovereignty of
Mongolia are the State Emblem, Banner, Flag, Seal, and
Anthem.
(2) The State Emblem, Banner, Flag, and Anthem express the
historical tradition, aspiration, unity, justice, and the spirit of
the people of Mongolia.
(3) The State Emblem is of circular shape with the white lotus
serving as its base and the "Never-ending Tumen Nasan"
pattern forming its outer frame. The main background is of
blue color signifying the eternal blue sky, the Mongols
traditional sanctity. In the center of the Emblem, a combination
of the Precious Steed and the Golden Soyombo sign is depicted
as an expression of the independence, sovereignty and spirit of
Mongolia. In the upper part of the Emblem the Triple Gem
sign symbolizes the past, the present and the future. In the
lower part of the Emblem the sign of the Wheel entwined with
the silk scarf Hadag in an expression of reverence and respect,
symbolizes continued prosperity. It is placed against the
background of a hill pattern conveying the notion of "Mother
Earth".
(4) The traditional Great White Banner of the unified
Mongolian State is a state ceremonial attribute.
(5) The State Flag is a rectangle divided vertically into three
equal parts colored red, blue, and red. The blue color of the
center of the flag symbolizes the eternal blue sky and the red
color on both sides symbolizes progress and prosperity. The
Golden Soyombo sign is depicted on the red stripe nearest to
the flag pole. The ratio of the width and length of the Flag is
one to two.
(6) The State Seal, having a lion-shaped handle, is of a square
form with the state Emblem in the center and the word
"Mongolia" inscribed on its sides. The President is the holder
of the State Seal.
(7) The procedure for the ceremonial use of the State symbols
and the text and melody of the State Anthem is prescribed by
law.
Article 13 [Capital]
(1) The capital of the State is the city in which the state
supreme bodies permanently sit. The capital city of Mongolia
is the city of Ulaanbaatar.
(2) The legal status of the capital city is determined by law.
Article 14 [Equality, Right to Personality]
(1) All persons lawfully residing within Mongolia are equal
(2) No person may be discriminated on the basis of ethnic
origin, language, race, age, sex, social origin or status,
property, occupation or post, religion, opinion, or education.
Everyone is a person before the law.
Article 15 [Citizenship, Extradition]
(1) The grounds and procedure for Mongolian nationality,
acquisition, or loss of citizenship may be defined only by law.
(2) Deprivation of Mongolian citizenship, exile, or extradition
of citizens of Mongolia are prohibited.
Article 16 [Citizen's Rights]
The citizens of Mongolia are enjoying the following rights and
freedoms:
1) The right to life. Deprivation of human life is strictly
prohibited unless capital punishment as constituted by
Mongolian penal law for the most serious crimes is imposed as
final decision by a competent court.
2) The right to healthy and safe environment and to be
protected against environmental pollution and ecological
imbalance.
3) The right to fair acquisition, possession, and inheritance of
movable and immovable property
4) The right to free choice of employment, favorable conditions
of work, remuneration, rest, and private enterprise. No one
may be unlawfully forced to work.
5) The right to material and financial assistance in old age,
disability, childbirth, and childcare and in other cases as
provided by law.
6) The right to the protection of health and medical care. The
procedure and conditions of free medical aid are determined by
law.
7) The right to education. The state provides basic general
education free of charge. Citizens may establish and operate
private schools if these meet the requirements of the State.
8) The right to engage in creative work in cultural, artistic, and
scientific fields and to benefit thereof. Copyrights and patents
are protected by law.
9) The right to take part in the government of the country
directly or through representative bodies. The right to elect and
to be elected to State bodies. The right to elect is enjoyed from
the age of eighteen years and the age eligible for being elected
is determined by law according to the requirements in respect
of the bodies or posts concerned.
10) The right to freedom of association in political parties or
other voluntary organizations on the basis of social and personal
interests and opinion. Political parties and other mass
organizations shall uphold public order and state security, and
abide by law. Discrimination and persecution of a person for
joining a political party or other associations or for being their
member are prohibited. Party membership of some categories
of state employees may be suspended.
11) Men and women enjoy equal rights in political, economic,
social, and cultural fields as well as in marriage. Marriage is
based on the equality
12) The right to submit a petition or a complaint to State bodies
and officials. The State bodies and officials are obliged to
respond to the petitions or complaints of citizens in conformity
with law.
13) The right to personal liberty and safety. No one may be
searched, arrested, detained, persecuted, or restricted of liberty
save in accordance with procedures and on grounds determined
by law. No one may be subjected to torture, inhuman, cruel,
or degrading treatment. Where a person is arrested his or her
family and counsel shall be notified within a period of time
established by law of the reasons for the arrest. Privacy of
citizens, their families, correspondence, and homes are
protected by law.
14) The right
to appeal to the court for protection if one considers the rights
or freedoms spelt out by the Mongolian law or an international
treaty to have been violated;
to be compensated for the damage illegally caused by
others;
not to testify against oneself, one's family, parents, or
children;
to defense;
to receive legal assistance;
to have evidence examined;
to fair trial;
to be tried in one's presence;
to appeal against a court decision;
to seek pardon.
Compelling to testify against oneself is prohibited. Every
person is presumed innocent until proven guilty by a court by
due process of law. The penalties imposed on the convicted
may not be applicable to his or her family members and
relatives.
15) Freedom of conscience and religion
16) Freedom of thought, opinion, expression
17) The right to seek and receive information except that which
the state and its bodies are legally bound to protect as secret.
In order to protect human rights, dignity, and reputation of
persons and to ensure national defense, security, and public
order, the information which is not subject to disclosure must
be classified and protected by law.
18) The right to freedom of movement and residence within the
country, to travel and reside abroad, and to return home to the
country. The right to travel and reside abroad may be limited
exclusively by law for the purpose of ensuring the security of
the country and population and protecting public order.
Article 17 [Citizen's Duties]
(1) Citizens of Mongolia, while upholding justice and
humanism, shall fulfill in good faith the following basic
duties:
1) to respect and abide by the Constitution and other laws;
2) to respect dignity, reputation, rights, and legitimate interests
of others;
3) to pay taxes levied by law;
4) to defend the motherland and serve in the army according to
law.
(2) It is a sacred duty for every citizen to work
Article 18 [Foreigner's Rights and Restrictions]
(1) The rights and duties of aliens residing in Mongolia are
regulated by Mongolian law and by treaties concluded with the
state of the person concerned.
(2) Mongolia adheres to the principle of reciprocity in
determining the rights and duties of foreign nationals in an
international treaty being concluded with the country concerned.
(3) The rights and duties of stateless persons within the territory
of Mongolia is determined by the Mongolian law.
(4) Aliens or stateless persons persecuted for their convictions
or for political or other activities pursuing justice, may be
granted asylum in Mongolia on the basis of their well-founded
requests.
(5) In allowing the foreign nationals and stateless persons under
the jurisdiction of Mongolia to exercise the basic rights and
freedoms provided for in Article 16, the State of Mongolia
may establish necessary restrictions upon the rights other than
the inalienable rights spelt out in international instruments to
which Mongolia is a Party, out of the consideration of ensuring
the security of the country and population, and public order.
Article 19 [Responsibility, Restrictions]
(1) The State is responsible to the citizens for the creation of
economic, social, legal, and other guarantees ensuring human
rights and freedoms, for the prevention of violations of human
rights and freedoms, and restoration of infringed rights.
(2) In case of a state of emergency or war, the human rights
and freedoms as defined by the Constitution and other laws are
subject to limitation only by a law. Such a law may not affect
the right to life, the freedom of thought, conscience, and
religion, as well as the right not to be subjected to torture or
inhuman and cruel treatment.
(3) In exercising one's rights and freedoms, one may not
infringe the national security or rights and freedoms of others
or violate public order.
Article 20 [Legislative Power]
The National Parliament
Article 21 [One Chamber, Election]
(1) The National Parliament has one chamber and consists of 76
members.
(2) The members of the National Parliament are elected by
citizens qualified to vote, on the basis of universal, free, and
direct suffrage by secret ballot for a term of four years.
(3) Citizens of Mongolia who have reached the age of
twenty-five years and are eligible for elections may be elected
to the National Parliament.
(4) The procedure of the election of members of the National
Parliament is determined by law.
Article 22 [Continuning Parliament]
(1) If regular elections of the National Parliament cannot be
held due to extraordinary circumstances such as sudden
calamities occurred in the whole or in part of the country, the
National Parliament retains its power till the extraordinary
circumstances cease to exist and the newly elected members of
the National Parliament are sworn in.
(2) The National Parliament may decide on its dissolution if not
less than two thirds of its members consider that the National
Parliament is unable to carry out its mandate, or if the
President, in consultation with the Chairman of the National
Parliament, proposes to do so for the same reason. In case of
such a decision, the National Parliament exercises its powers
until the newly elected members of the National Parliament are
sworn in.
Article 23 [Responsibility, Mandate]
(1) A member of the National Parliament is an envoy of the
people and represents and upholds the interests of all the
citizens and the state.
(2) The mandate of a member of the National Parliament begins
with an oath taken before the State Emblem and expires when
newly elected members of the National Parliament are sworn in.
Article 24 [Chairmen]
(1) Chairman and Vice-Chairman of the National Parliament are
nominated and elected from among the members of the National
Parliament by secret ballot.
(2) The term of office of the Chairman and Vice-Chairman of
the National Parliament is four years. They can be relieved of
or removed from their posts before the expiry of their terms for
reasons defined by law.
Article 25 [Competence]
(1) The National Parliament may consider, at its initiative, any
issue pertaining to domestic and foreign policies of the country,
and retains within its exclusive competence
1) to enact laws and make amendments to them;
2) to determine the basis of the domestic and foreign policies of
the State;
3) to set and announce the date of elections of the President and
the National Parliament and its members;
4) to determine and change the structure and composition of the
Standing Committees of the National Parliament, the
Government, and other bodies directly accountable to it
according to law;
5) to pass a law recognizing the full powers of the President
after his or her election and to relieve or remove the President;
6) to appoint, replace, or remove the Prime Minister, members
of the Government, and other bodies responsible and
accountable to the National Parliament as provided for by
law;
7) to define the State's financial, credit, tax, and monetary
policies, to lay down the guidelines for the country's economic
and social development, to approve the Government's program
of action, the State budget
8) to supervise the implementation of laws and other decisions
of the National Parliament;
9) to define the State borders;
10) to determine the structure, composition, and powers of the
National Security Council;
11) to approve and change the administrative and territorial
division of the country at the suggestion by the
Government;
12) to determine the legal basis of the system, structure, and
activities of local self-governing and administrative bodies;
13) to institute titles, orders, medals, and higher military ranks,
to determine the table of ranks in some special fields of state
service;
14) to issue acts of amnesty:
15) to ratify and denounce international agreements to which
Mongolia is a Party and to establish and sever diplomatic
relations with foreign States at the suggestion of the
Government;
16) to hold national referendums, to verify the validity of a
referendum in which the majority of eligible citizens has taken
parts, and to consider the question which has obtained a
majority vote as decided;
17) to declare a state of war in case the sovereignty and
independence of the state are threatened by armed actions on
the part of a foreign power, and to abate it; and
18) to declare a state of emergency or a state of war in the
whole or some parts of the country in special circumstances
described in Paragraphs (2) and (3), and to approve or nullify
the President's decree to that effect.
(2) Under the following extraordinary circumstances, the
National Parliament may declare a state of emergency to
eliminate the consequences thereof and to restore the life of the
population and society to norm, if:
1) natural disasters or other unforeseen dangers occur 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;
2) public authorities are not able to cope, within legal limits,
with public disorders caused by organized, violent, illegal
actions of an organization or a group of people threatening the
constitutional order and the existence of the legitimate social
system.
(3) The National Parliament may declare a state of war if public
disorders in the whole or a part of the country's territory result
in an armed conflict or create a real threat of an armed conflict,
or if there is an armed aggression or a real threat of such an
aggression from the outside.
(4) The other powers, structure, and the procedures of the
National Parliament are defined by law.
Article 26 [Initiative]
(1) The President, members of the National Parliament, and the
Government have the right to legislative initiative.
(2) Citizens
(3) National laws are subject to official promulgation through
publication and, if the law does not provide otherwise, enter
into force 10 days after the day of publication.
Article 27 [Sessions, Quorum, Majority]
(1) The National Parliament exercises its powers through its
sessions and other organizational forms.
(2) Regular sessions of the National Parliament are to be held
once in six months and do not last less than 75 working days on
each occasion.
(3) Extraordinary sessions may be convened at the demand of
more than one third of the members of the National Parliament,
or at the initiative of the President and the Chairman of the
National Parliament.
(4) The President convokes constituent sessions of the National
Parliament within 30 days following elections. Other sessions
are convoked by the Chairman of the National Parliament.
(5) In case of the proclamation by the President of a state of
emergency or war, the National Parliament convenes for an
extraordinary session within 72 hours without prior
announcement.
(6) The presence of an overwhelming majority of members of
the National Parliament is required to consider a session valid,
and decisions are taken by a majority of all members present if
the Constitution and other laws do not provide otherwise.
Article 28 [Standing Committees]
(1) The National Parliament has Standing Committees dealing
with specific fields.
(2) The National Parliament determines the competence,
structure, and procedures of the Standing Committees.
Article 29 [Remuneration, Incompatibility, Immunity]
(1) Members of the National Parliament receive remuneration
from the State budget during their tenure and may not hold
concurrently any posts and employment other than those
assigned by law.
(2) Immunity of members of the National Parliament is
protected by law.
(3) If a question arises that a member of the National
Parliament is involved in a crime, it is considered by the
session of the National Parliament to decide on the suspension
of his or her mandate. If the court proves the member in
question to be guilty of crime, the National Parliament shall
terminate his or her membership in the legislature.
Article 30 [Head of State, Eligibility, Term]
(1) The President is the Head of State
(2) An indigenous citizen who has attained the age of forty-five
years and has permanently resided as a minimum for the last
five years in Mongolia, is eligible for election to the post of
President for a term of four years.
Article 31 [Elections]
(1) Presidential elections are conducted in two stages.
(2) Political parties which have obtained seats in the National
Parliament nominate individually or collectively presidential
candidates, one candidate for each party or coalition of parties.
(3) At the primary stage of the elections, citizens eligible to
vote participate in electing the President on the basis of
universal, free, and direct suffrage by secret ballot.
(4) The National Parliament considers the candidate who has
obtained a majority of all votes cast in the first voting as elected
President and passes a law recognizing his or her mandate.
(5) If none of the candidates obtains a majority vote in the first
round, second voting takes place involving the two candidates
who have obtained the largest number of votes in the first
round. The candidate who wins a majority of all votes cast in
the second ballot is considered elected President and a law
recognizing his or her mandate is passed by the National
Parliament.
(6) If neither of the candidates wins in the second ballot,
Presidential elections are held anew.
(7) The President can be re-elected only once.
(8) The President cannot be a member of the National
Parliament or the Government and cannot concurrently hold the
post of the Prime Minister or any other posts and pursue any
occupation not relating to his duties assigned by law. If the
President holds another office or a post he or she is relieved of
it from the date on which he or she is inaugurated.
Article 32 [Oath, Continuing Presidency]
(1) The mandate of the President becomes effective with an
oath taken by him or her and expires with an oath taken by the
newly elected President.
(2) Within 30 days after the election, the President takes the
following oath before the National Parliament:
"I swear that I will guard and defend the independence and
sovereignty of Mongolia, freedom of the people and national
unity, and that I will uphold and observe the Constitution and
faithfully perform the duties of the President".
Article 33 [Powers]
(1) The President enjoys the following prerogative rights:
1) to veto, partially or wholly, laws and other decisions adopted
by the National Parliament. The laws or decisions remain in
force if two-thirds of the members of the National Parliament
present do not accept the President's veto;
2) to propose to the National Parliament the candidature for the
appointment to the post of Prime Minister in consultation with
the majority party or parties in the National Parliament if none
of them has majority of seats, as well as to propose to the
National Parliament the dissolution of the Government;
3) to instruct the Government on issues within his competence.
If the President issues a relevant decree it becomes effective
upon signature by the Prime Minister;
4) to represent the Mongolian State in foreign relations and, in
consultation with the National Parliament, to conclude
international treaties on behalf of Mongolia;
5) to appoint and recall heads of plenipotentiary missions to
foreign countries in consultation with the National
Parliament;
6) to receive the Letters of Credence or Recall of Heads of
diplomatic missions of foreign states;
7) to confer state titles and higher military ranks and award
orders and medals;
8) to grant pardon;
9) to decide matters related to granting and withdrawing
Mongolian citizenship and granting asylum;
10) to head the National Security Council;
11) to declare general or partial conscription;
12) to declare a state of emergency or a state of war on the
whole or a part of the national territory and to order the
deployment of armed forces when extraordinary circumstances
described in Article 25 (2) and (3) arise and the National
Parliament concurrently in recess, cannot be summoned at short
notice. The National Parliament considers within 7 days the
Presidential decree declaring a state of emergency or a state of
war and approves or disapproves it. If the National Parliament
does not take decision on the matter, the Presidential decree
becomes null and void.
(2) The President is the Commander-in-Chief of the armed
forces of Mongolia.
(3) The President may address messages to the National
Parliament or to the people, he may at his own discretion attend
sessions of the National Parliament, report on and submit
proposals concerning vital issues of domestic and foreign
policies of the country.
(4) Other specific powers may be vested in the President only
by law.
Article 34 [Presidential Decrees]
(1) The President, within his powers, issues decrees in
conformity with the law.
(2) If a Presidential decree is incompatible with law, the
President himself or the National Parliament invalidates it.
Article 35 [Responsibility]
(1) The President is responsible to the National Parliament.
(2) In case of a violation of the Constitution or abuse of power
in breach of his oath, the President may be removed from his
post on the basis of the findings of the Constitutional Court by
an overwhelming majority of members of the National
Parliament present and voting.
Article 36 [Protection]
(1) The person, residence, and transport of the President is
inviolable.
(2) Dignity and immunity of the President are protected by law.
Article 37 [Replacement]
(1) In the temporary absence of the President, his full powers
are exercised by the Chairman of the National Parliament.
(2) In the event of the resignation, death, or voluntary
retirement of the President, his full powers are exercised by the
Chairman of the National Parliament pending the inauguration
of the newly elected President. In such a case, the National
Parliament announces and holds Presidential elections within
four months.
(3) The procedure of the discharge of Presidential duties by the
Chairman of the National Parliament is determined by law.
Article 38 [Powers]
(1) The Government
(2) In discharging the duty of directing economic, social, and
cultural development of the country in observance of State laws,
the Government exercises the following powers:
1) to organize and ensure nation-wide implementation of the
Constitution and other laws;
2) to work out a comprehensive policy on science and
technology, guidelines for economic and social development,
the State budget, credit and fiscal plans, to submit these to the
National Parliament, and to execute decisions taken
thereon;
3) to elaborate and implement comprehensive measures on
sectoral, intersectoral, as well as regional development;
4) to undertake measures on the protection of the environment
and on the rational use and restoration of natural resources;
5) to provide efficient leadership of central state administrative
bodies and to direct the activities of local administrations;
6) to strengthen the country's defense capabilities and to ensure
national security;
7) to take measures for the protection of human rights and
freedoms, enforcement of public order, and prevention of
crime;
8) to realize the State foreign policy;
9) to conclude and implement international treaties with the
consent of and subsequent ratification by the National
Parliament as well as to conclude and abrogate
intergovernmental treaties.
(3) The specific powers, structure, and procedure of the
Government are determined by law.
Article 39 [Composition, Nomination, Appointment]
(1) The Government comprises the Prime Minister and other
members.
(2) The Prime Minister, in consultation with the President,
submits his or her proposals on the structure and composition of
the Government and on the changes in these to the National
Parliament.
(3) The National Parliament considers the candidatures
proposed by the Prime Minister one by one and take decision
on their appointment.
Article 40 [Term, Continuing Government]
(1) The term of the mandate of the Government is four years.
(2) The terms of office of the Government start from the days
of the appointment of the Prime Minister by the National
Parliament and terminate upon the appointment of a new Prime
Minister.
Article 41 [Responsibility]
(1) The Prime Minister leads the Government and is responsible
to the National Parliament for the implementation of state laws.
(2) The Government is accountable for its work to the National
Parliament.
Article 42 [Immunity]
The personal immunity of the Prime Minister and other
members of the Government are protected by law,
Article 43 [Resignation, Dissolution]
(1) The Prime Minister may tender his resignation to the
National Parliament before the expiry of his terms of office if
he considers that the Government is unable to exercise its
powers.
(2) The Government steps down in its entirety upon the
resignation of the Prime Minister or if half of the members of
the Government resign at the same time.
(3) The National Parliament considers the matter and makes a
final decision within 15 days after taking initiative to dissolve
the Government or receiving the President's proposal or the
Prime Minister's statement on resignation.
(4) The National Parliament considers and takes decision on the
dissolution of the Government if not less than one fourth of the
members of the National Parliament formally propose the
dissolution of the Government.
Article 44 [Vote of Confidence]
If the Government submits a draft resolution requesting a vote
of confidence, the National Parliament proceeds with the matter
in accordance with Article 43 (3).
Article 45 [Resolutions, Ordinances]
(1) The Government, in conformity with law and regulations,
issues resolutions and ordinances which are signed by the Prime
Minister and the Minister concerned.
(2) If these resolutions and ordinances are incompatible with
laws and regulations, the Government itself or the National
Parliament invalidates them.
Article 46 [Public Office]
(1) Ministries and other government offices are constituted in
accordance with the law.
(2) State employees must be Mongolian nationals. They strictly
abide by the Constitution and other laws and work for the
benefit of the people and in the interests of the State.
(3) The working conditions and social guarantees of state
employees are determined by law.
Article 47 [Courts]
(1) The judicial power is vested exclusively in courts
(2) Unlawful institution of courts under and circumstances and
exercise of judicial power by any other organization but courts
is prohibited.
(3) Courts are instituted solely under the constitution and other
laws.
Article 48 [Court Organization]
(1) The judicial system consists of the Supreme Court,
provincial and capital city courts, Region, inter-region, and
district courts. Specialized courts such as criminal, civil, and
administrative courts may be formed. The activities and
decisions of these specialized courts are exclusively under the
supervision of the Supreme Court.
(2) The structure of courts and the legal basis of their activities
are defined by law.
(3) The courts are financed by the State budget. The State
ensures economic guarantee of the courts activities.
Article 49 [Judges]
(1) Judges are independent
(2) Neither a private person nor any civil officer - be it the
President, members of the National Parliament, or the
Government, officials of political parties, or other voluntary
organizations - may not interfere with the judges' exercise of
their duties.
(3) A General Council of Courts has the function of ensuring
the independence of the judiciary.
(4) The General Council of Courts, without interfering in the
activities of courts and judges, deals exclusively with the
selection of judges from among lawyers, protection of their
rights, and other matters pertaining to the ensurance of
conditions guaranteeing the independence of the judiciary.
(5) The structure and procedures of the General Council of
Courts are defined by law.
Article 50 [Supreme Court]
(1) The Supreme Court is the highest judicial organ and
exercises the following powers:
1) to try at first instance criminal cases and legal disputes under
its jurisdiction;
2) to examine decisions of lower-instance courts through appeal
and supervision;
3) to examine and take decision on matters related to the
protection of law and human rights and freedoms therein and
transferred to it by the Constitutional Court and the Prosecutor
General;
4) to provide official interpretations for correct application of
all other laws except the Constitution; and
5) to make judgements on all other matters assigned to it by
law.
(2) The decision made by the Supreme Court is a final judiciary
decision and binding upon all courts and other persons. If a
decision made by the Supreme Court is incompatible with law,
the Supreme Court itself repeals it. If an interpretation made
by the Supreme Court is incompatible with a law, the latter has
precedence.
(3) The Supreme Court and other courts have no right to apply
laws that are unconstitutional or have not been promulgated.
Article 51 [Composition of Supreme Court]
(1) The Supreme Court comprises the Chief Justice and judges.
(2) The President appoints the judges of the Supreme Court
upon their presentation to the National Parliament by the
General Council of Courts and appoints judges of other courts
on the proposal of the General Council of Courts.
(3) A Mongolian national of thirty-five years of age with higher
education in law and a professional career of not less than 10
years may be appointed a judge of the Supreme Court. A
Mongolian national of twenty-five years of age with higher
education in law and a professional career of not less than 3
years my be appointed a judge of the other courts.
(4) Removal of a judge of a court of any instance is prohibited
except in cases he or she is relieved at his or her own request
or removed by a valid court decision on the grounds provided
for in the Constitution and the law on the judiciary.
Article 52 [Collective Decisions]
(1) Courts of all instances consider and make judgement on
cases and disputes on the basis of collective decision-making.
(2) In passing a collective decision on cases and disputes, the
courts of first instance allow representatives of citizens to
participate in the proceedings in accordance with the procedures
prescribed by law.
(3) A judge alone may take decision on some cases which are
specifically singled out by law.
Article 53 [Court Language]
(1) Court trials are to be conducted in the Mongolian language.
(2) A person who does not know Mongolian is acquainted with
all the facts of the case through translation and has the right to
use his or her native language at the trial.
Article 54 [Publicity]
Court trials are open to the public except in cases specifically
singled out by law.
Article 55 [Defense, Assistance]
(1) The accused has a right to defense.
(2) The accused is accorded legal assistance according to law
and at his or her request.
Article 56 [Prosecution]
(1) The Prosecution exercises supervision over the inquiry into
and investigation of cases and the execution of punishment, and
participates in the court proceedings on behalf of the State.
(2) The President appoints the Prosecutor General and his or
her deputies in consultation with the National Parliament for a
terms of six years.
(3) The system, structure, and legal basis of the activities of the
Prosecution are determined by law.
Article 57 [Administrative Units]
(1) The territory of Mongolia is divided administratively into
provinces and a capital city; provinces are subdivided into
regions; regions into communities; the capital city is divided
into districts and districts into neighborhoods
(2) Legal status of towns and villages located on the territories
of administrative divisions is defined by law.
(3) Revision of an administrative and territorial unit shall be
considered and decided by the National Parliament on the basis
of a proposal by a respective local parliament and local
population, and with account taken of the country's economic
structure and the distribution of the population.
Article 58 [Autonomy, Borderlines]
(1) The province, the capital city, region, and district are
administrative, territorial, and socio-economic complexes with
their functions and administrations provided for by law.
(2) Borderlines of provinces, the capital city, regions and
districts are approved by the National Parliament at the
suggestion of the Government.
Article 59 [Self-Government]
(1) Governance of administrative and territorial units of
Mongolia is organized on the basis of the principles of both
self-government and central government.
(2) The self-governing bodies in province, capital city, region
and district are parliaments of representatives of the citizens of
the respective territory; in community and neighborhoods they
are general meetings of citizens. In-between the sessions of the
parliaments and general meetings, their presidiums assume
administrative functions.
(3) Parliaments of provinces and the capital city are elected for
a term of four years. The memberships in these parliaments as
well as those of regions and districts and the procedure of their
election are determined by law.
Article 60 [Governors, Continuing Government]
(1) State power is exercised on the territories of provinces, the
capital city, regions, districts, communities and neighborhoods
by the Governors of these territories.
(2) Candidates for Governors are nominated by the parliaments
of respective provinces, the capital city, regions, districts,
communities and neighborhoods. Governors of provinces and
the capital city are appointed by the Prime Minister; regional
and district governors are appointed by the governors of the
provinces and the capital city; governors of communities and
neighborhoods are appointed by the governors of regions and
districts respectively for a term of four years.
(3) In case the Prime Minister and governors of higher levels
refuse to appoint the gubernatorial candidates, new nominations
are held in the manner prescribed in Paragraph (2). Pending
the appointment of a new Governor, the previously appointed
Governor exercises his or her mandate.
Article 61 [Responsibility, Secretariats]
(1) While working for the implementation of the decisions of a
respective Parliament, a governor, as a representative of State
power, is responsible to the Government and the governor of
higher instance for proper observance of national laws and
fulfillment of the decisions of the Government and the
respective superior body in his or her territory.
(2) Governors have a right to veto decisions of their province,
capital city, region, district, community and neighborhood
parliaments.
(3) If a parliament by a majority vote overrides the veto, the
governor may tender his or her resignation to the Prime
Minister or to the governor of higher instance if he or she
considers that he or she is not able to implement the decision concerned.
(4) Governors of provinces, the capital city, regions and
districts have secretariats. The Government determines the
structure and size of these offices individually or by a uniform
standard.
Article 62 [Subsidiarity]
(1) Local self-governing bodies - besides making independent
decisions on matters of socio-economic life of the respective
province, the capital city, region, district, community and
neighborhood - organize the participation of the population in
solving problems of national scale and that of larger territorial
divisions.
(2) Authorities of higher instance may not take decision on
matters coming under the jurisdiction of local self-governing
bodies. If law and decisions of respective superior state organs
do not specifically deal with definite local matters, local
self-governing bodies can decide upon them independently in
conformity with the Constitution.
(3) If the National Parliament and the Government deem it
necessary, they may delegate some matters within their
competence to the province and capita] city parliaments and
governors for their solution.
Article 63 [Legality]
(1) Parliaments of provinces, the capital city, regions, districts,
communities and neighborhood adopt resolutions and governors
issue ordinances within their competence.
(2) Resolutions of the parliaments and ordinances of the
governors must be in conformity with law. Presidential decrees
and decisions of the Government and other superior bodies are
binding within their respective territories.
(3) Administrative and territorial units and the powers,
structure, and procedure of their governing bodies are
determined by law.
Article 64 [Functions, Independence]
(1) The Constitutional Court
(2) The Constitutional Court and its members in the execution
of their duties are subject to the Constitution only and are
independent of any organizations, officials, or anybody else.
(3) The independence of the members of the Constitutional
Court is ensured by the guarantees set out in the Constitution
and other laws.
Article 65 [Membership, Term, Chairman]
(1) The Constitutional Court consists of 9 members. Members
of the Constitutional Court are appointed by the National
Parliament for a term of six years upon the nomination of three
of them by the National Parliament, three by the President, and
the remaining three by the Supreme Court.
(2) A member of the Constitutional Court must be a Mongolian
national of forty years of age and experienced in politics and
law.
(3) The Chairman of the Constitutional Court is elected from
among 9 members for a term of three years by a majority vote
of the members of Constitutional Court. He may be re-elected
once.
(4) If the Chairman or a member of the Constitutional Court
violates law, he or she may be withdrawn by the National
Parliament on the basis of the decision of the Constitutional
Court and on the opinion of the institution which nominated him
or her.
(5) The President, members of the National Parliament, the
Prime Minister, members of the Government, and members of
the Supreme Court may not be nominated to serve on the
Constitutional Court.
Article 66 [Proceedings]
(1) The Constitutional Court examines and settles constitutional
disputes at the request of the National Parliament, the President,
the Prime Minister, the Supreme Court, and the Prosecutor
General, or on its own initiative on the basis of petitions and
information received from citizens
(2) The Constitutional Court, in accordance with Paragraph (1),
issues judgements to the National Parliament on:
1) the constitutionality of laws, decrees, and other decisions by
the National Parliament and the President, as well as
Government decisions and international treaties signed by
Mongolia;
2) the constitutionality of national referendums and decisions of
the central election authority on the elections of the National
Parliament and its members as well as on presidential
elections;
3) the breach of law by the President, Chairman and members
of the National Parliament, the Prime Minister, members of the
Government, the Chief Justice and the Prosecutor Genera];
and
4) the well-foundedness of the grounds for the removal of the
President, Chairman of the National Parliament, and the Prime
Minister and for the recall of members of the National
Parliament.
(3) If a decision submitted in accordance with Paragraph (2)
No. 1) and 2) is not acceptable to the National Parliament, the
Constitutional Court re-examines it and issues final judgement.
(4) If the Constitutional Court decides that the laws, decrees,
and other decisions of the National Parliament and the President
as well as Government decisions and international treaties
concluded by Mongolia are incongruous with the Constitution,
those laws, decrees, instruments of ratification, and decisions in
question are considered invalid.
Article 67 [Force of Decision]
Decisions of the Constitutional Court immediately enter into
force.
Article 68 [Initiative, Referendum]
(1) Amendments to the Constitution may be initiated by
organization and officials enjoying the right to legislative
initiative and may be proposed by the Constitutional Court to
the National Parliament.
(2) A national referendum on constitutional amendment may be
held on the concurrence of not less than two-thirds of the
members of the National Parliament. The referendum is held in
accordance with the provisions of Article 25 (1) No. 16.
Article 69 [Majority]
(1) An amendment to the Constitution is adopted by not less
that three-fourths of votes of all members of the National
Parliament.
(2) A draft amendment to the Constitution which has twice
failed to win three-fourths of votes of all members of the
National Parliament is not subject to consideration until the
National Parliament sits in a new composition following general
elections.
(3) The National Parliament may not undertake amendment of
the Constitution within six months pending the next general
elections.
(4) Amendments which have been adopted are of the same force
as the Constitution.
Article 70 [Final Provisions]
(1) Laws, decrees, and other decisions of state bodies and
activities of all other organizations and citizens must be in full
conformity with the Constitution.
(2) This Constitution of Mongolia enters into force at 12:00
hours on 12 Feb 1992.