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The reform of judicial and legal systems is being implemented in Mongolia. It is an important achievement for a new state and social system. The State Great Khural approved the "Legal Reform Program of Mongolia" in 1998.
The reform of judicial and legal systems is being implemented in Mongolia. It is an important achievement for a new state and social system. The State Great Khural approved the "Legal Reform Program of Mongolia" in 1998.
The reform of judicial and legal systems is being implemented in Mongolia. It is an important achievement for a new state and social system. The State Great Khural approved the "Legal Reform Program of Mongolia" in 1998.
This document defined the objective of Legal Reform as "with the purpose of implementing the objective of developing a human, civil and democratic society to define basic guidelines of work or state organizations and officers at all levels and to create a legal framework and favorable environment to ensure political, social and economic development and progress in compliance with the principles and concepts proclaimed in the Constitution ”. Also, the State Great Khural passed a new law on Courts in order to reform the judiciary system and structure.
The Mongolian Judicial Institution one of the three main branches that execute the law in Mongolia. Only Courts execute the judicial power. The Mongolian judiciary system consists of the Supreme Court, Aimags' and Capital Courts, Soums' and Inter-soums' Courts and District's Courts. It is lawful to form a special court for criminal and civil cases and administrative affairs
Courts of Mongolia:
- The courts of first instance
- The appellate courts
- The Supreme court
The courts of first instance are Soum's and Inter-soum's Courts and District's Courts. The courts are popular in the judiciary system and operate more closely with the people. The courts of first instances consider and pass judgment on all cases and disputes except for the cases and disputes which depend on the Supreme Court, Aimag's and Capital Court or special Courts by law.
The appellate courts are Aimag's and Capital Courts. People have a right to appeal if they do not agree with the decision taken by the courts of first instances.
The Supreme Court operates as a supervising court. "The Supreme Court shall be the highest judicial branch" as proclaimed in the 1992 Constitution of Mongolia. The Supreme Court comprises the Chief Judge (Eronkhii Shuugch) and 12 judges. The President appoints the Chief Judge of the Supreme Court for six years.A General Council of Courts has also been established to ensure the independence of the judiciary. It has the exclusive power to select judges. The Head of the General Council of Courts will be the Chief Judge of the Supreme Court.
The Supreme Court has a number of powers including the right to try certain criminal cases and legal disputes, and to examine the decisions of lower courts through the appeals process. It also examines cases of human rights referred to it by the Constitutional Court and the Prosecutor General and provides official interpretations of the law, with the exception of the Constitution. Today, there are 61 courts of three instances in Mongolia: 30 Soum's and Intersoum's Courts, 8 District's Courts, 22 Aimag's and Capital Courts and the Supreme Court.
According to the Law on resolving administrative cases, passed by the State Great Khural in 2002, the Administrative Court was assembled in June, 2004. A Disciplinary Committee of Court with 15 members exercises nationwide jurisdiction. The President appoints the Head of the Disciplinary Committee of Courts.
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