THE CONSTITUTION OF MONGOLIA
the people of Mongolia:
- 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 developing a human, civil, democratic
society in the country
Hereby proclaim the Constitution of Mongolia.
SOVEREIGNTY OF MONGOLIA
1. Mongolia is an independent, sovereign republic.
2. The supreme principles of the activities of the State shall be ensurance of
democracy, justice, freedom, equality and
national unit and respect of law.
1. By its state structure, Mongolia is a unitary State.
2. The territory of Mongolia shall be divided into administrative units only.
1. State power shall be vested in the people of Mongolia. The people shall
exercise state power through their direct participation in State affairs as well
as through the representative bodies of State power elected by them.
2. Illegal seizure of State power or attempt to do so shall be prohibited.
1. The territorial integrity and frontiers of Mongolia shall be inviolable.
2. The frontiers of Mongolia shall be safeguarded by law.
3. Stationing of foreign troops in the territory of Mongolia, allowing them to
cross the State borders for the purpose of passing through the country's
territory shall be prohibited unless an appropriate law is adopted.
1. Mongolia shall have an economy based on different forms of property which
takes into account universal trends of world economic development and national
2. The State recognizes all forms of both public and private property and shall
protect the rights of the owner by law.
3. The owner's rights shall be limited exclusively by due process of law.
4. The State shall regulated 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 is national wealth and be protected by the State.
1. The land, its subsoil, forests, water, fauna and flora and other natural
resources in Mongolia shall belong exclusively to the people and be under the
2. The land, except those given to the citizen of Mongolia for private
possession, as well as the subsoil with its mineral wealth, forest, water
resources and game shall be the property of the State.
3. The State may give for private ownership plots of land, except pastures and
areas under public utilization and special use, only to the citizens of
Mongolia. This provision shall not apply to the ownership of the subsoil
thereof. Citizens shall be prohibited to transfer the land in their possession
to foreign nationals and stateless persons by way of selling, bartering,
donating or pledging as well as transferring to others for exploitation without
permission from competent State authorities.
4. The State shall have the right to hold responsible the land owners in
connection with 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 and 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 for by law.
1. Historical, cultural, scientific and intellectual heritages of the Mongolian
people shall be under State protection.
2. Intellectual values produced by the citizens are the property of their
authors and the national wealth of Mongolia.
1. The Mongolian language is the official language of the State.
2. Section 1 of this Article shall 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.
1. The State shall respect religions and religions shall honor the State.
2. State institutions shall not engage in religious activities and the Religions
institutions shall not pursue political activities.
3. The relationship between the State and the Religion institutions shall be
regulated by law.
1. Mongolia shall adhere to the universally recognized norms and principles of
international law and pursue a peaceful foreign policy.
2. Mongolia shall fulfil in good faith its obligations under international
treaties to which it is a Party.
3. The international treaties to which Mongolia is a Party, shall become
effective as domestic legislation upon the entry into force of the laws on their
ratification or accession.
4. Mongolia shall not abide by any international treaty or other instruments
incompatible with its Constitution.
1. The duty of the State is to secure the country's independence, ensure
national security and public order.
2. Mongolia shall have armed forces for self-defence. The structure and
organization of the armed forces and the rules of military service shall be
determined by law.
1. The symbols of the independence and sovereignty of Mongolia are the State
Emblem, Banner, Flag, Seal and the Anthem.
2. The State Emblem, Banner, Flag and the Anthem shall express the historical
tradition, aspiration, unity, justice and the spirit of the people of Mongolia.
3. The State Emblem shall be 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 Chandmani ( Wish-granting Jewel ) 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
5. The State Flag shall be 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 shall be depicted on the red stripe nearest
to the flag pole. The ration of the width and length of the Flag shall be 1:2.
6. The State Seal having a lion-shaped handle, shall be of a square form with
the State Emblem in the center and the words "Mongol Uls" (Mongolia) inscribed
on both sides. The President shall be 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 shall be prescribed by the law.
1. The capital of the State shall be the city where the State Supreme bodies
permanently sit. The capital city of Mongolia is the city of Ulaanbaatar.
2. The legal status of the capital city shall be defined by law.
HUMAN RIGHTS AND FREEDOMS
1. All persons lawfully residing within Mongolia are equal before the law and
2. No person shall be discriminated against on the basis of ethnic origin,
language, race, age, sex, social origin and status, property, occupation and
post, religion, opinion or education. Everyone shall have the right to act as a
1. The grounds and procedure for Mongolian nationality, acquisition or loss of
citizenship shall be defined only by law.
2. Deprivation of Mongolian citizenship, exile and extradition of citizens of
Mongolia shall be prohibited.
The citizens of Mongolia shall be guaranteed the privilege to enjoy the
following rights and freedoms:
1) Right to life. Deprivation of human life shall be strictly prohibited unless
capital punishment is imposed by due judgement of the court for the most serious
crimes, constructed by Mongolian Penal Law.
2) Right to healthy and safe environment, and to be protected against
environmental pollution and ecological imbalance.
3) Right to fair acquisition, possession and inheritance of movable and
immovable property. Illegal confiscation and requisitioning of the private
property of citizens shall be prohibited. If the State and its bodies
appropriate private property on the basis of exclusive public need, they shall
do so with due compensation and payment.
4) Right to free choice of employment, favorable conditions of work,
remuneration, rest and private enterprise. No one shall be unlawfully forced to
5) Right to material and financial assistance in old age, disability, childbirth
and child care and in other circumstances as provided by law;
6) Right to the protection of health and medical care. The procedure and
conditions of free medical aid shall be defined by law.
7) Right to education. The State shall provide basic general education free of
charge. Citizens may establish and operate private schools if these meet he
requirements of the State.
8) Right to engage in creative work in cultural, artistic and scientific fields
and to benefit thereof. Copyrights and patents shall be protected by law.
9) Right to take part in the conduct of State affairs directly or through
representative bodies. The right to elect and to be elected to State bodies The
right to elect shall be enjoyed from the age of eighteen years and the age
eligible for being elected shall be defined by law according to the requirements
in respect of the bodies or posts concerned.
10) Right to form a party or other public organizations and unite voluntarily in
associations according to the social and personal interests and opinion. All
political parties and other public organizations shall uphold public order and
State security, and abide by law. Discrimination and persecution of a person or
joining a political party or other public organization or for being their member
shall be prohibited. Party membership of some categories of State employees may
11) Men and women shall have equal right in political, economic, social,
cultural fields and in family affairs. Marriage shall be based on the equality
and mutual consent of the spouses who have reached the age defined by law. The
State shall protect the interests of the family, motherhood and the child.
12) Right to submit a petition or a complaint to State bodies and officials. The
State bodies and officials shall be obliged to respond to the petitions or
complaints of citizens in conformity with law.
13) Right to personal liberty and safety. No person shall be searched, arrested,
detained, persecuted or deprived or liberty save in accordance with procedures
and grounds determined by law. No person shall be subjected to torture, inhuman,
cruel or degrading treatment. Where a person is arrested he/she, his/her family
and counsel shall be notified within a period of time established by law of the
reasons for and grounds of the arrest. Privacy of citizens, their families,
correspondence and residence shall be protected by law.
14) Right to appeal to the court to protect his/her right if he/she considers
that the right of freedoms as spelt out by the Mongolian law or an international
treaty have been violated; to be compensated for the damage illegally caused by
other; not to testify against himself/herself, his/her family, or parents and
children; to self-defence; to receive legal assistance; to have evidence
examined; to a fair trial; to be tried in his/her presence; to appeal against a
court judgement, to seek pardon. Compelling to testify against himself/herself
shall be prohibited. Every person shall be presumed innocent until proved guilty
by a court by due process of law. Application of charges of convicted to the
members his/her family and relatives shall be prohibited.
15) Freedom of conscience and religion.
16) Freedom of thought, free expression of opinion, speech, press, peaceful
demonstration and meetings. Procedures for organizing demonstrations and other
assemblies shall be determined by law;
17) 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 defend the State national security and
public order, secrets of the State, individuals, or organizations which are not
subject disclosure shall be defined and protected by law.
18) Right to freedom of movement within the country and freedom to choose the
place of one's residence, right to travel or reside abroad, to return to home
country. The right to travel and reside abroad may be limited exclusively by law
in order to ensure the security of the nation and population and protect public
1. Citizens of Mongolia while upholding justice and humanism, shall fulfil in
good faith the following basis duties:
1) respect and abide by the Constitution and other laws;
2) respect the dignity, reputation, right and legitimate interests of other;
3) pay taxes levied by law;
4) defend motherland and serve in the army according to law.
2. It is a sacred duty for every citizen to work, protect his/her health, bring
up and educate his/her children and to protect nature and the environment.
1. The rights and duties of aliens residing in Mongolia shall be regulated by
the Mongolian law and by the treaties concluded with the State of the person
2. Mongolia shall adhere 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
shall be determined by the Mongolian law.
4. Aliens or stateless persons persecuted for their convictions, 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 residing in Mongolia
to exercise the basic rights and freedoms provided for in Article 16 of the
Constitution, the State may establish certain limitations 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 national security, populations, and public order.
1. The State shall be responsible to the citizens for the creation of economic,
social, legal and other guarantees for ensuring human rights and freedoms, to
fight against violation of human rights and freedoms and to restorate of
2. Human rights and freedoms as defined by the Constitution and other laws in
case of a state of emergency or war shall be subject to limitation only by a
law. Such a law shall not affect the right to life, the freedom of thought,
conscience and religion, as well as the right not to be subjected to torture,
inhuman and cruel treatment.
3. In exercising his/her rights and freedoms one shall not infringe on the
national security, rights and freedoms of others and violate public order.
THE STRUCTURE OF THE STATE
I. The State Ih Hural of Mongolia
The State Ih Hural of Mongolia is the highest organ of State power and the
supreme legislative power shall be vested only in the State Ih Hural.
1. The State Ih Hural shall have one chamber and consist of 76 members.
2. The members of the State Ih 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 Ih Hural.
4. The procedure of the election of members of the State Ih Hural shall be
defined by law.
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 Ih
Hural shall retain its mandate till extraordinary circumstances cease to exist
and the newly elected members of the State Ih Hural are sworn in.
2. The State Ih Hural may decide on its dissolution if not less than two thirds
of its members consider that the State Ih Hural is unable to carry out its
mandate, or if the President in consolidation with the Chairman of the State Ih
Hural, proposes to do so for the same reason. In case of such a decision, the
State Ih Hural shall exercise its powers till the newly elected members of the
State Ih Hural are sworn in.
1. A member of the State Ih 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 Ih Hural shall begin with an oath taken
before the State Emblem and expire when newly elected members of the State Ih
Hural are sworn in.
1. Chairman and Vice-Chairman of the State Ih Hural shall be nominated and
elected from among the members of the State Ih Hural by secret ballot.
2. The term of office of the Chairman and Vice-Chairman of the State Ih 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.
1. The State Ih 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 Ih
Hural and its members;
4) to determine and change the structure and composition of the Standing
Committees of the State Ih 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 Ih 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
8) to supervise the implementation of laws and other decisions of the State Ih
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
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 Ih 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 Ih 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 Ih Hural shall be
defined by law.
1. The President, members of the State Ih 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 Ih 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.
1. The State Ih Hural shall exercise its powers through its sessions and other
2. Regular sessions of the State Ih 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 Ih Hural, and / or on the initiative of the
President and the Chairman of the State Ih Hural.
4. The President shall convoke the first session of the State Ih Hural within 30
days following the elections. Other sessions shall be convoke by the Chairman of
the State Ih Hural.
5. In case of the proclamation by the President of a state of emergency or war,
the State Ih Hural shall be convened for an extraordinary session within 72
hours without prior announcement.
6. The presence of an overwhelming majority of the State Ih 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
1. The State Ih Hural shall have Standing Committees dealing with specific
2. The State Ih Hural shall determine the competence, structure and procedures
of the Standing Committees.
1. Members of the State Ih 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 Ih Hural shall be protected by law.
3. If a question arises that a member of the State Ih Hural is involved in a
crime, it shall be considered by the session of the State Ih Hural and decide
whether to suspend his/her mandate. If the court proves the member in question
to be guilty of crime, the State Ih Hural shall terminate his/her membership in
II. THE PRESIDENT OF MONGOLIA
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
1. Presidential elections shall be conducted in two stages.
2. Political parties which have obtained seats in the State Ih 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 Ih 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 Ih 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 Ih 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.
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 Ih 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
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 Ih Hural. The laws or decisions shall remain in
force if a two thirds of the members participating in the session of the State
Ih Hural present do not accept the President's veto;
2) to propose to the State Ih Hural the candidature for the appointment to the
post of Prime Minister in consultation with the majority party or parties in the
State Ih Hural if none of them has majority of seats, as well as to propose to
the State Ih 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 Ih 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 Ih 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 undelayable circumstances when the
State Ih Hural is in recess and issue ordinances of the beginning of military
operations. The State Ih 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 Ih 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
3. The President may address messages to the State Ih Hural and/or to the
people, he may at his own discretion attend sessions of the State Ih 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.
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 Ih Hural shall invalidate it.
1. The President shall be responsible to the State Ih 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 Ih Hural present and voting.
1. The person, residence and transport of the President shall be inviolable.
2. Dignity and immunity of the President shall be protected by law.
1. In the temporary absence of the President his full powers shall be exercised
by the Chairman of the State Ih 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 Ih
Hural pending the inauguration of the newly elected President. In such a case
the State Ih Hural shall announce and hold Presidential elections within four
3. The procedure of exercising the duties of the President by the Chairman of
the State Ih Hural shall be determined by law.
III. THE GOVERNMENT OF MONGOLIA
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
1) to organize and ensure nation-wide implementation of the Constitution and
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 Ih Hural and to execute decisions taken
3) to elaborate and implement comprehensive measures on sectional,
intersectoral, 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 defence capabilities and to ensure national
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 Ih 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.
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 Ih Hural.
3. The State Ih Hural shall consider the candidatures proposed by the Prime
Minister one by one and take decision on their appointment.
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 Ih Hural and terminate upon the
appointment of a new Prime Minister.
1. The Prime Minister shall lead the Government and shall be responsible to the
State Ih Hural for the implementation of State laws.
2. The Government shall be accountable for its work to the State Ih Hural.
Personal immunity of the Prime Minister and members of the Government shall be
protected by law.
1. The Prime Minister may tender his/her resignation to the State Ih 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
3. The State Ih 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 Ih Hural shall consider and take decision on the dissolution of the
Government if not less than one fourth of the members of the State Ih Hural
formally proposes the dissolution of the Government.
If the Government submits a draft resolution requesting a vote of confidence,
the State Ih Hural shall proceed with the matter in accordance with Section 3 of
1. The Government shall, in conformity with legislation, issue resolutions and
ordinances which shall be signed by the Prime Minister and the Minister
2. If these resolutions and ordinances are incompatible with laws and
regulations, the Government itself or the State Ih Hural shall invalidate them.
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
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.
1. The judicial system shall consist of the Supreme Court, Aimag and capital
city courts, Soum, intersoum 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.
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 Ih 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
1. The Supreme Court shall the highest judicial organ and shall exercise the
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.
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 Ih 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.
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.
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.
Court trials shall be open to the public except in cases specifically singled
out by law.
1. The accused shall have a right to defence.
2. The accused shall be accorded legal assistance according to law and at
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 Ih 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.
Administrative and Territorial Units of Mongolia and their Governing Bodies
1. The territory of Mongolia shall be divided administratively into Aimags and a
capital city; Aimags shall be subdivided into Soums; Soums into Baghs; the
capital city shall be divided into districts and districts into Horoos.
2. Legal status of towns and villages located on the territories of
administrative divisions shall be defined by law.
3. Revision of an administrative and territorial unit shall be considered and
decided by the State Ih Hural on the basis of a proposal by a respective local
Hural and local population, and with account taken of the country's economic
structure and the distribution of the population.
1. Aimag, the capital city, Soum and district are administrative, territorial,
economic and social complex having their own functions and administrations
provided for by law.
2. Borderlines of Aimags, the capital city, Soums and districts shall be
approved by the State Ih Hural
at the presentation by the Government.
1. Governance of administrative and territorial units of Mongolia shall be
organized on the basis of combination of the principles of both self-government
and central government.
2. The self-governing bodies in Aimag, capital city, Soum and district shall be
Hurals of Representatives of the citizens of respective territories; in Bagh and
Horoo- General Meetings of citizens. In between the sessions of the Hurals and
General Meetings, their Presidiums shall assume administrative functions.
3. Hurals of Aimags and the capital city shall be elected for a term of four
years. The memberships of these Hurals as well as those of Soums and districts,
and the procedure of their election shall be determined by law.
1. State power shall be exercised on the territories of Aimags, the capital
city, Soums, districts, Baghs and horoos by their respective Governors.
2. Candidates for Governors are nominated by the Hurals of respective Aimags,
the capital city, Soums, districts, Baghs and Horoos. Governors of Aimags and
the capital city are appointed by the Prime Minister;
Soums and district Governors by the Governors of Aimags and the capital city;
Governors of Baghs and Horoos by the Governors of Soums 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 shall be held in the manner
prescribed in Section 2 of this Article. Pending the appointment of a new
Governor the previously appointed Governor shall exercise his/her mandate.
1. While working for the implementation of the decisions of a respective Hural,
a Governor, as a
representative of State authority, shall be responsible to the Government and
the Governor of higher
instance for proper observance of national laws and fulfilment of the decisions
of the Government and the respective superior body in his/her territory.
2. Governor shall have a right to veto decisions of respective Aimag, capital
city, Soum, district, Bagh and Horoo Hurals.
3. If a Hural by a majority vote overrides the veto, the Governor may tender
his/her resignation to the
Prime Minister or to the Governor of higher instance if he/she considers that
he/she is not able to
implement the decision concerned.
4. Governors of Aimag, the capital city, Soum and district shall have
secretariats/Offices of the Seal.
The Government shall determine the structure and staff limit individually or by
a uniform standard.
1. Local self-governing bodies besides making independent decisions on matters
of socio-economic life of the respective Aimag, the capital city, Soum,
district, Bagh and Horoo shall organize the participation of the population in
solving problems of national scale and that of larger territorial divisions.
2. The authority of higher instance shall 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
incomformity with thee Constitution.
3. If the State Ih Hural and Government deem it necessary they may delegate some
matters within their competence to the Aimag and capital city Hurals Governors
for their solution.
1. Hurals of Aimag, the capital city, Soum, district, Bagh and Horoo shall adopt
resolutions and Governors shall issue ordinances within their competence.
2. Resolutions of the Hurals and Ordinances of the Governors shall be in
conformity with law, Presidential decrees and decisions of the Government and
other superior bodies, and shall be binding within their respective territories.
3. Administrative and territorial units, and the powers, structure and procedure
of their governing bodies shall be determined by law.
The Constitution Tsets of Mongolia
1. The constitutional Tsets shall be an organ exercising supreme supervision
over the implementation of the Constitution, making judgement on the violation
of its provisions and resolving constitutional disputes.
It shall be the guarantee for the strict observance of the Constitution.
2. The Constitutional Tsets and its members in the execution of their duties
shall be guided by the
Constitution only and shall be independent of any organizations, officials or
3. The independence of the members of the Constitutional Tsets shall be ensured
by the guarantees set out in the Constitution and other laws.
1. The Constitutional Tsets shall consist of 9 members. Members of the
Constitutional Tsets shall be
appointed by the State Ih Hural for a term of six years upon the nomination of
three of them by the State Ih Hural, three by the President and the remaining
three by the Supreme Court.
2. A member of the Constitutional Tsets shall be a Mongolian national who has
reached forty years of age and is experienced in politics and law.
3. The Chairman of the Constitutional Tsets shall be elected from among 9
members for a term of three years by a majority vote of the members of
Constitutional Tsets. He may be re-elected once.
4. If the Chairman or a member of the Constitutional Tsets violates law, he/she
may be withdrawn by the State Ih Hural on the basis of the decision of the
Constitutional Tsets and on the opinion of the institution which nominated
5. The President, members of the State Ih Hural, the Prime Minister, members of
the Government and members of the Supreme Court shall not be nominated to serve
on the Constitutional Tsets.
1. The Constitutional Tsets shall review and make judgement on the disputes at
the request of the State Ih Hural, the President, the Prime Minister, the
Supreme Court and the Prosecutor General and/or on its own initiative on the
basis of petitions and information received citizens.
2. The Constitutional Tsets in accordance with Section 1 of this Article shall
make and submit judgment to the State Ih Hural on:
1) the conformity of laws, decrees and other decisions by the State Ih Hural and
the President, as well as Government decisions and international treaties signed
by Mongolia with the Constitution;
2) the conformity of national referendums and decisions of the Central electoral
authority on the elections of the State Ih Hural and its members as well as on
Presidential elections with the Constitution;
3) the breach of law by the President, Chairman and members of the State Ih
Hural, the Prime Minister, members of the Government, the Chief Justice and the
4) the well-foundedness of the grounds for the removal of the President,
Chairman of the State Ih Hural and the Prime Minister and for the recall of
members of the State Ih Hural.
3. If a decision submitted in accordance with Clauses 1 and 2 of Section 2 of
this Article is not acceptable to the State Ih Hural, the Constitutional Tsets
shall re- examine it and make final judgement.
4. If the Constitutional Tsets decides that the laws, decrees and other
decisions of the State Ih Hural and the President as well as Government
decisions and international treaties concluded by Mongolia are incongruous with
the Constitution, the laws, decrees, instruments of ratification and decisions
in questions shall be considered invalid.
Decisions of the Constitutional Tsets shall immediately enter into force.
Amendments to the Constitution of Mongolia
1. Amendments to the Constitution may be initiated by organizations and
officials enjoying the right to legislative initiative and / or proposed by the
Constitutional Court to the State Ih Hural.
2 A national referendum on constitutional amendment nay be held on the
concurrence of not less than two thirds of the members of the State Ih Hural.
The referendum shall be held in accordance with the provisions of Clause 16,
Section 1, Article 25 of the Constitution.
1. An amendment to the Constitution shall be adopted by not less than three
fourths of votes of all members of the State Ih Hural.
2. A draft amendment to the Constitution which has twice failed to win three
fourths of votes of all members of the State Ih Hural shall not be subject to
consideration until the State Ih Hural sits in a new composition following
3. The State Ih Hural shall not undertake amendment of the Constitution within 6
months pending the next general elections.
4. Amendment which have been adopted shall be of the same force as the
1. Laws, decrees and other decisions of state bodies, and activities of all
other organizations and citizens should be in full conformity with the
2. This Constitution of Mongolia shall enter into force at 12.00 hours on the 12
the of February of 1992, or at the hour of Horse on the prime and benevolent
ninth day of Yellow Horse of the first spring month of Black Tiger of the year
of Water Monkey of the Seventeenth 60-year Cycle.
Learn and Abide.
THE GREAT PEOPLE'S HURAL OF THE MONGOLIAN PEOPLE'S
11.35 a. m. 13 January 1992
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