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Friday, 05 February 2010 02:43

THE STRUCTURE OF THE STATE
I. The State Ikh Hural of Mongolia


Article 20
The State Ikh Hural of Mongolia is the highest organ of State power and the supreme legislative power shall be vested only in the State Ikh Hural.

Article 21
1. The State Ikh Hural shall have one chamber and consist of 76 members.
2. The members of the State Ikh Hural shall be elected by citizens of Mongolia entitled to vote, on the basis of universal, free, direct suffrage by secret ballot for a term of four years.
3. Citizens of Mongolia who have reached the age of 25 years and are eligible for elections shall be elected to the State Ikh Hural.
4. The procedure of the election of members of the State Ikh Hural shall be defined by law.

Article 22
1. If extraordinary circumstances arising from sudden calamities occurring in the whole or a part of the country, imposition of martial law or outbreak of public disorder prevent regular general elections from being held, the State Ikh Hural shall retain its mandate till extraordinary circumstances cease to exist and the newly elected members of the State Ikh Hural are sworn in.
2. The State Ikh Hural may decide on its dissolution if not less than two thirds of its members consider that the State Ikh Hural is unable to carry out its mandate, or if the President in consolidation with the Chairman of the State Ikh Hural, proposes to do so for the same reason. In case of such a decision, the State Ikh Hural shall exercise its powers till the newly elected members of the State Ikh Hural are sworn in.

Article 23
1. A member of the State Ikh Hural shall be an envoy of the people and shall represent and uphold the interests of all the citizens and the State.
2. The mandate of a member of the State Ikh Hural shall begin with an oath taken before the State Emblem and expire when newly elected members of the State Ikh Hural are sworn in.

Article 24
1. Chairman and Vice-Chairman of the State Ikh Hural shall be nominated and elected from among the members of the State Ikh Hural by secret ballot.
2. The term of office of the Chairman and Vice-Chairman of the State Ikh Hural shall be 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
1. The State Ikh Hural may consider at its initiative any issue pertaining to domestic and foreign policies of the state, and shall keep within its exclusive competence the following questions and decide thereon:
1) to enact laws, make amendments to them;
2) to define 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 State Ikh Hural and its members;
4) to determine and change the structure and composition of the Standing Committees of the State Ikh Hural, 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/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 State Ikh Hural as provided for by law;
7) to define the State's financial, credit, tax and monetary policies; to lay own the guidelines for the country's economic and social development; to approve the Government's program of action, the State budget and the report on its execution;
8) to supervise the implementation of laws and other decisions of the State Ikh Hural;
9) to define the State borders;
10) to determine the structure, composition and powers of the National Security Council of Mongolia;
11) to approve and change the administrative and territorial divisions of Mongolia 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 honorific 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; to establish and sever diplomatic relations with foreign State 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 part, and to consider the question which has obtained majority votes as decided;
17) to declare a state of war in case the sovereignty and independence of Mongolia are threatened by armed actions on the part of a foreign Power, and to abate it;
18) to declare a state of emergency or martial law 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.
2. Under the following extraordinary circumstances the State Ikh Hural may declare a state of emergency to eliminate the consequences thereof and to restore the life of the population and society to norm:
1) natural disasters or other unforeseen dangers which have threatened or may threaten directly the life, health, well being and security of the population inhabiting in the whole or a part of the country's territory, occur;
2) state authorities are not able within legal limits to cope with public disorders caused by organized, violent, illegal actions of any organization or a group of people threatening the constitutional order and the existence of the legitimate social system.
3. The State Ikh Hural may declare martial law 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 real threat of an aggression from outside.
4. The other powers, structure and the procedures of the State Ikh Hural shall be defined by law.

Article 26
1. The President, members of the State Ikh Hural and the Government shall have the right to legislative initiate.
2. Citizens and other organizations shall forward their suggestions on draft laws to those entitled to initiate a law.
3. The State Ikh Hural shall officially promulgate national laws through publication and, if law does not provide otherwise, it shall be effective 10 days after the day of publication.

Article 27
1. The State Ikh Hural shall exercise its powers through its sessions and other organizational forms.
2. Regular sessions of the State Ikh Hural shall be convened once in six months and last not 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 State Ikh Hural, and / or on the initiative of the President and the Chairman of the State Ikh Hural.
4. The President shall convoke the first session of the State Ikh Hural within 30 days following the elections. Other sessions shall be convoke by the Chairman of the State Ikh Hural.
5. In case of the proclamation by the President of a state of emergency or war, the State Ikh Hural shall be convened for an extraordinary session within 72 hours without prior announcement.
6. The presence of an overwhelming majority of the State Ikh Hural shall be required to consider a session valid, and decisions shall be taken by a majority of all members present and voting if the Constitution and other laws do not provide otherwise.

Article 28
1. The State Ikh Hural shall have Standing Committees dealing with specific fields.
2. The State Ikh Hural shall determine the competence, structure and procedures of the Standing Committees.

Article 29
1. Members of the State Ikh Hural shall be remunerated from the State budget during their tenure and shall not hold concurrently any posts and employment other than those assigned by law.
2. Immunity of members of the State Ikh Hural shall be protected by law.
3. If a question arises that a member of the State Ikh Hural is involved in a crime, it shall be considered by the session of the State Ikh Hural and decide whether to suspend his/her mandate. If the court proves the member in question to be guilty of crime, the State Ikh Hural shall terminate his/her membership in the legislature.

II. THE PRESIDENT OF MONGOLIA

Article 30

1. The President of Mongolia shall be the Head of State and embodiment of the unity of the people.
2. An indigenous citizen of Mongolia who has attained the age of forty five years and has permanently resided as a minimum for the last five years in native land, shall be eligible for election to the post of President for a term of four years.

Article 31
1. Presidential elections shall be conducted in two stages.
2. Political parties which have obtained seats in the State Ikh Hural shall nominate individually or collectively Presidential candidates, one candidate per party or coalition of parties.
3. At the primary stage of the elections citizens of Mongolia eligible to vote shall participate in electing the President on the basis of universal, free direct suffrage by secret ballot.
4. The State Ikh Hural shall consider the candidate who has obtained a majority of all votes cast in the first voting as elected, the President and shall pass a law recognizing his/her mandate.
5. If none of the candidates obtains a majority vote in the first round, second voting shall take place involving the two candidates who obtains the largest number of votes in the first round. The candidate who a law recognizing his/her mandate shall be passed by the State Ikh Hural.
6. If neither of the candidates wins in the second ballot, Presidential elections shall be held anew.
7. The President can be re-elected only once.
8. The President shall not be a member of the State Ikh Hural or the Government and shall not 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/she shall be relieved of it from the date on which he/she takes an oath.

Article 32
1. The mandate of the President shall become effective with an oath taken by him / her and shall expire with an oath taken by the newly elected President.
2. Within 30 days after the election the President shall take an oath before the State Ikh Hural: " I swear that I shall guard and defend the independence and sovereignty of Mongolia, freedom of the people and national unity and shall uphold and observe the Constitution and faithfully perform the duties of the President".

Article 33
1. The President enjoys the following prerogative rights:
1) to exercise the right to veto against a part or entirety of laws and other decisions adopted by the State Ikh Hural. The laws or decisions shall remain in force if a two thirds of the members participating in the session of the State Ikh Hural present do not accept the President's veto;
2) to propose to the State Ikh Hural the candidature for the appointment to the post of Prime Minister in consultation with the majority party or parties in the State Ikh Hural if none of them has majority of seats, as well as to propose to the State Ikh Hural the dissolution of the Government;
3) to instruct the Government on issues within the areas of his competence. If the President issues a decree to that effect, it shall become effective upon signature by the Prime Minister;
4) to represent the State with full power in foreign relations and, in consultation with the State Ikh Hural, to conclude international treaties on behalf of Mongolia;
5) to appoint and recall heads of plenipotentiary missions of Mongolia to foreign countries in consultation with the State Ikh Hural;
6) to receive the Letters of Credence or Recall of Heads of diplomatic missions of foreign states to Mongolia;
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 of Mongolia;
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 in the emergency situation described in Sections 2 and 3 of Article 25 of this Constitution under urgent circumstances when the State Ikh Hural is in recess and issue ordinances of the beginning of military operations. The State Ikh Hural shall consider within 7 days the presidential decree declaring a state of emergency or a state of war and shall approve or disapprove it. If the State Ikh Hural does not take decision on the matter, the Presidential decree shall be void.
2. The President shall be the Commander-in-Chief of the armed forces of Mongolia.
3. The President may address messages to the State Ikh Hural and/or to the people, he may at his own discretion attend sessions of the State Ikh Hural, 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
1. The President within his powers shall issue decrees in conformity with law.
2. If a Presidential decree is incompatible with law, the President himself or the State Ikh Hural shall invalidate it.

Article 35
1. The President shall be responsible to the State Ikh Hural.
2. In case of breach of his oath, violation of the Constitution and the President's authority, the President may be removed from his post on the basis of the finding of the Constitutional Court by an overwhelming majority of members of the State Ikh Hural present and voting.

Article 36
1. The person, residence and transport of the President shall be inviolable.
2. Dignity and immunity of the President shall be protected by law.

Article 37
1. In the temporary absence of the President his full powers shall be exercised by the Chairman of the State Ikh Hural.
2. In the event of the resignation, death or voluntary retirement of the President his full powers shall be exercised by the Chairman of the State Ikh Hural pending the inauguration of the newly elected President. In such a case the State Ikh Hural shall announce and hold Presidential elections within four months.
3. The procedure of exercising the duties of the President by the Chairman of the State Ikh Hural shall be determined by law.

III. THE GOVERNMENT OF MONGOLIA

Article 38
1. The Government of Mongolia is the highest executive body of the State.
2. The Government shall implement the State laws and according to the duty to direct economic, social and cultural development shall exercise 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, and make State budget, credit and fiscal plans and to submit these to the State Ikh Hural and to execute decisions taken thereon;
3) to elaborate and implement comprehensive measures on sectional, inter-sectorial, as well as regional development;
4) to undertake measures on the protection of the environment, rational use and restoration of natural resources;
5) to guide the 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 measure for the protection of human rights and freedoms, to enforce the public order and to prevent of crimes;
8) to implement the State foreign policy;
9) to conclude and implement international treaties with the consent of and subsequent ratification by the State Ikh Hural as well as to conclude and abrogate intergovernmental treaties.
3. The specific powers, structure and procedure of the Government shall be determined by law.

Article 39
1. The Government shall comprise of the Prime Minister and members.
2. The Prime Minister shall, in consultation with the President, submit his/her proposals on the structure, composition and change of the Government to the State Ikh Hural.
3. The State Ikh Hural shall consider the candidatures proposed by the Prime Minister one by one and take decision on their appointment.

Article 40
1. The term of the mandate of the Government shall be four years.
2. The term of office of the Government shall start from the day of the appointment of the Prime Minister by the State Ikh Hural and terminate upon the appointment of a new Prime Minister.

Article 41
1. The Prime Minister shall lead the Government and shall be responsible to the State Ikh Hural for the implementation of State laws.
2. The Government shall be accountable for its work to the State Ikh Hural.

Article 42
Personal immunity of the Prime Minister and members of the Government shall be protected by law.

Article 43
1. The Prime Minister may tender his/her resignation to the State Ikh Hural before the expire of his/her term of office if he/she considers that the Government is unable to exercise its powers.
2. The Government shall step 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 State Ikh Hural shall consider the matter and make 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 State Ikh Hural shall consider and take decision on the dissolution of the Government if not less than one fourth of the members of the State Ikh Hural formally proposes the dissolution of the Government.

Article 44
If the Government submits a draft resolution requesting a vote of confidence, the State Ikh Hural shall proceed with the matter in accordance with Section 3 of Article 43.

Article 45
1. The Government shall, in conformity with legislation, issue resolutions and ordinances which shall be 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 State Ikh Hural shall invalidate them.

Article 46
1. Ministries and other government offices of Mongolia shall be constituted in accordance with law.
2. State employees shall be Mongolian nationals. They shall strictly abide by the Constitution and other laws and work for the benefit of the people and in the interest of the State.
3. The working conditions and social guarantees of state employees shall be determined by law.

IV. THE JUDICIARY

Article 47
1. The judicial power shall be vested exclusively in courts.
2. Unlawful institution of courts under any circumstances and exercise of judicial power by any other organization but courts shall be prohibited.
3. Courts shall instituted solely under the Constitution and other laws.

Article 48
1. The judicial system shall consist of the Supreme Court, Aimag and capital city courts, Soum, inter-soum and district courts. 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.
2. The structure of courts and the legal basis of their activities shall be defined by law.
3. The courts shall be financed from the State budget. The State shall ensure economic guarantee of the courts activities.

Article 49
1. Judges shall be independent and subject only to law.
2. Neither a private person nor any civil officer be it the President, Prime Minister, members of the State Ikh Hural or the Government, officials of political parties or other public organizations shall not interfere with the exercise by the judges of their duties.
3. A General Council of Courts shall function for the purpose of ensuring the independence of the judiciary.
4. The General Council of Courts, without interfering in the activities of courts and judges, shall deal 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 shall defined by law.

Article 50
1. The Supreme Court shall the highest judicial organ and shall exercise the following powers:
1) to review and take decision at first instance on 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;
5) to make judgements on all other matters assigned to it by law.
2. The decision made by the Supreme Court shall be a final judiciary decision and shall be binding upon all courts and other persons. If a decision made by the Supreme Court is incompatible with law, the Supreme Court itself shall have to repeal it. If an interpretation made by the Supreme Court is incompatible with a law, the latter shall have precedence.
3. The Supreme Court and other courts shall have no right to apply laws that are unconstitutional or have not been promulgated.

Article 51
1. The Supreme Court shall comprise the Chief Justice and judges.
2. The President shall appoint the judges of the Supreme Court upon their presentation to the State Ikh Hural by the General Council of Courts, and appoint 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 legal education and experience in judicial practice of not less than 10 years, may be appointed as a judge of the Supreme Court. A Mongolian national of twenty five years of age with higher legal education and legal practice for not less than three years, may be appointed as a judge of the other courts.
4. Removal of a judge of a court of any instance shall be prohibited except in cases when he/she is relieved at his/her own request or removed on the grounds provided for in the Constitution and / or the law on the judiciary and by a valid court decision.

Article 52
1. Courts of all instances shall 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 shall 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
1. Court trials shall be conducted in the Mongolian language.
2. A person who does not know Mongolian shall be acquainted with all facts of the case through translation and shall have the right to use his/her native language at the trial.

Article 54
Court trials shall be open to the public except in cases specifically singled out by law.

Article 55
1. The accused shall have a right to defense.
2. The accused shall be accorded legal assistance according to law and at his/her request.

Article 56
1. The Prosecutor shall exercise superve registration of cases, investigation and the execution of punishment, and participate in the court proceedings on behalf of the State.
2. The President shall appoint the State Prosecutor General and his/her deputies in consultation with the State Ikh Hural for a term of six years.
3. The system, structure and legal basis of the activities of the Prosecutor's Office shall be determined by law.

 

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