(2023.07.02-ны өдрийн орчуулга)              Unofficial translation

LAW OF MONGOLIA

July 7, 1994                 Ulaanbaatar city

ON PROCEDURE ON CONDUCTING DEMONSTRATION and ASSEMBLY

Article 1.Purpose of the Law

The purpose of this Law is to regulate relations in connection with certifying citizen's freedom under Constitution on conducting a peaceful demonstration and assembly, determining a procedure on conducting them, and ensuring public order and citizen's security during this arrangement.   

Article 2.Legislation on procedure on conducting a demonstration and assembly

Legislation on procedure on conducting a demonstration and assembly shall consist of the Constitution of Mongolia, this Law, and other legislative acts enacted in conformity with them.

Article 3.Demonstration and assembly

1.The assembly shall mean an activity being organized with purposes to express publicly their view of points, opinions and demands with respect to matters on politics, society, economy, and human rights and freedoms by the citizens of Mongolia.   

2.The demonstration shall mean an expression of the point of views, opinions, and demands on the matters specified in the paragraph 1 of this Article by the Citizens upon marching through the streets of urban areas in an organized manner. 

Article 4.A right to organize a demonstration and an assembly

1.A citizen of Mongolia, a political party and a non-governmental organization registered with the state registration shall have a right to organize a demonstration and an assembly.

/This paragraph was amended by the law as of November 17, 2005/

2.Unless otherwise provided by the law and international treaties of Mongolia, a foreign citizen and stateless person shall have a right to participate in the demonstration and assembly being organized in accordance with legislation of Mongolia.

Article 5.Scope of application of the Law

This Law shall not apply to the organizing of the following arrangements:

1/a demonstration and an assembly being organized by the state ceremonial and state competent authorities;

2/sport, cultural, artistic, festival and other similar events being organized by citizens and organizations on the topics not related to the matters specified in paragraph 1 of Article 3 of this Law;

3/sessions and meetings to be held with citizens, voters, members and supporters by the government organizations, political parties, and non-governmental organizations;

/This sub-paragraph was amended by the law as of November 17, 2005/

4/meetings, assembly and other similar events being organized by business entities, organizations, and their employees on the matters related to the main activities of the respective organization.

Article 6.Guarantees on the rights to conduct a demonstration and an assembly

1.It shall be prohibited to investigate, restrict the freedom, or discriminate in any way against anyone who organizes or participates in a demonstration or assembly in accordance with legislation.

2.It shall be prohibited to intentionally obstruct in conducting demonstrations and assemblies, as well as to disperse demonstrations and assemblies that are being organized in accordance with legislation, except as provided in this Law.

Article 7.Places prohibited to conduct a demonstration and an assembly

1.It shall be prohibited to conduct a demonstration and an assembly on the matters specified in paragraph 1 of Article 3 of this Law at the places where the following organizations:

1/airports, all railway stations and stops, passenger transportation main station of the Capital city;

2/places under military, police or state protection;

3/radio and television broadcasting organizations, central communication offices in aimags and capital city;

4/organizations organizing international or national fairs and exhibitions, food and goods markets in the urban settlement areas;

5/medical institutions;

6/at the areas belonging to territory of State Palace of the Sukhbaatar Square, Ulaanbaatar city.

/This sub-paragraph was added by the law as of November 17, 2005/

2.It shall be prohibited to conduct a demonstration and/or an assembly at the Sukhbaatar Square of the capital city Ulaanbaatar.

/This paragraph was invalidated by the law as of November 17, 2005/

Article 8.Prohibition to organize a demonstration, assembly and starvation

1.It shall be prohibited to conduct a demonstration and assembly under the following purposes:

1/of promoting a war, making a division between ethnic groups, or discriminating against on the basis of ethnic origin, language, race, age, gender/sex, social origin and status, or religion, execution of murders, massacres, and sabotage, and urging for illegal seizure of State power;

2/of creating disorder by damaging national security and social order.

2.In the course of a demonstration or an assembly that was originally organized with the purposes which are not prohibited by this Law, if its purpose has changed and became with the content and characteristics specified in paragraph 1 of this Article, it shall be prohibited to continue the respective demonstration or assembly further.

3.If a state of emergency or war has been declared or a disaster or danger has occurred in the country or a certain territory, it shall be prohibited to conduct a demonstration and an assembly in the given territory until the reason of it is removed.

/This paragraph was amended by the law as of February 2, 2017/

4.The provision of paragraph 3 of this Article shall not apply to an assembly to be organized with purpose of protesting the reasons of declaring a state of emergency and/or war, and eliminating consequences of the disaster.

/This paragraph was amended by the law as of February 2, 2017/

5.It shall be prohibited to conduct simultaneously at the same place and same time other demonstration and assembly with content and purpose contrary to the demonstration and assembly registered to be conducted in accordance with the appropriate procedure.

/This paragraph was amended by the law as of November 17, 2005/

6.Organizing intentionally to declare starvation in the streets and squares by an external party shall be prohibited upon considering it as non-humanitarian action of disregarding human life and health.

Article 9.A procedure on conducting a demonstration and an assembly

1.A notification on conducting a demonstration or an assembly in the streets or squares shall be submitted to the Governor of soum and/or district for the registration. If the streets and/or squares planned to conduct a demonstration and an assembly are belonging to the borderlines of the territories of two or more soums and/or districts, the notification shall be submitted to the Governor of the aimag or capital city for registration.    

/This paragraph was modified by the law as of November 17, 2005/

2.The notification on conducting a demonstration and/or an assembly shall state clearly its purpose, starting and ending periods, approximate numbers of participants, technics and tools to be used, streets and squares to be gathered and marched and others. 

3.The Governor shall notify in written form whether the notification is registered or not within 3 working days after receipt of the notification on conducting a demonstration and assembly.

/This paragraph was amended by the law as of November 17, 2005/

4.If there is a matter to clarify additionally or to be able to be regulated have arisen in order to decide a matter on whether to register or not a notification on conducting a demonstration or an assembly, the Governor shall coordinate it with the organizer within the period specified in paragraph 3 of this Article and, if necessary, shall have a right to change the direction of the marching.

/This paragraph was amended by the law as of November 17, 2005/

5.If the Governor failed to give a response within the period specified in paragraph 3 of this Article, the organizer shall have a right to organize the demonstration or the assembly at the place specified in the notification and within the period specified therein.

6.After the registration with the Governor, an announcement on the demonstration or the assembly shall be made. This provision shall not apply to the organization of a demonstration and/or an assembly in accordance with paragraph 5 of this Article.

/This paragraph was amended by the law as of November 17, 2005/

Article 10.Reviewing a notification on conducting a demonstration or an assembly

/The title of this Article was amended by the law as of November 17, 2005/

1.The Governor, who has received a notification on conducting a demonstration or an assembly, shall make a decision to refuse to register it if there are any of the following grounds, and shall notify the organizer of the demonstration and the assembly in writing within the period specified in paragraph 3 of Article 9 of this Law:

/This paragraph was amended by the law as of November 17, 2005/

1/If a notification on conducting a demonstration or an assembly has been issued by a political party or non-governmental organization whose activities have been suspended or dissolved by the decision of a court or other competent authority, or by an unregistered political party or non-governmental organization;

/This sub-paragraph was amended by the law as of November 17, 2005/

2/ if a demonstration or an assembly is planned to be conducted at the place specified in Article 7 of this Law;

3/ if it is planned to conduct a demonstration or an assembly those are prohibited by Article 8 of this Law.

2.If the organizer who receives a decision to refuse to register a demonstration or assembly considers it to be illegal, he/she shall file a complaint with the court within 3 working days from the date of receiving the decision.

/This paragraph was amended by the law as of November 17, 2005/

3.The judge shall review and resolve the complaint specified in paragraph 2 of this Article within 6 working days.

4.If the judge revokes the Governor's decision to refuse to register a demonstration or an assembly, after receipt of the judge's ordinance, the organizer may organize the planned event upon negotiating the time and date of the demonstration or an assembly to be conducted with the Governor by notifying the Governor in advance of this.

/This paragraph was amended by the law as of November 17, 2005/

Article 11.An organizer of the demonstration or the assembly, and his/her duties

1.A political party or non-governmental organization that initiates a demonstration or an assembly shall officially appoint an organizer who is personally responsible for the consequences of the event, and shall attach the power of attorney to the notification on conducting the demonstration or assembly.

/This paragraph was amended by the law as of November 17, 2005/

2.A citizen who initiates a demonstration or an assembly shall be considered the organizer of the respective demonstration or assembly.

3.The organizer of the demonstration or the assembly shall undertake the following duties:

1/to ensure social order and safety of citizens at the places to be conducted a demonstration and/or an assembly;

2/not to damage public utilities, lawns, crops, and property of others in cities and urban settlements, to clean streets and squares after demonstrations and assemblies for normal operation;

3/to warn the participants of demonstrations and assemblies in advance not to carry hot or cold weapons, poisonous or explosive substances, any objects or animals that may endanger the surroundings or human life and health, and if such cases occur, immediately notify the relevant authorities and take necessary measures;

4/to warn the participants in advance not to use any form of force, not to disclose secrets of the state, organization, or individual protected under the laws, and not to insult the dignity and reputation of others during demonstrations and assemblies, and if this provision is violated, immediately stop it or notify the relevant authorities;

5/not to allow people who have consumed alcoholic beverages, drugs or toxic substances, or those with mental illness to participate in demonstrations and assemblies, and not to consume alcoholic beverages during demonstrations and assemblies;

/This sub-paragraph was amended by the Resolution No.1 of the Constitutional court (Tsets) as of 1996/

6/to warn participants in advance not to block movement of the streets and roads, not to conduct activities devoted to disrupt the normal functioning of any organization, or participate in its internal affairs during demonstrations and assemblies, and strictly enforce this requirement;

7/not to enforce others by attracting with money, threatening, pressuring or in any other forms to participate in demonstrations and assemblies;

8/not to build gers, tents or other temporary shelters or to spend the night as well as to allow to enter all types of vehicles and ordinary carriages when organizing the demonstrations and assemblies at the Sukhbaatar Square of the Capital City.

/This sub-paragraph was added by the law as of December 28, 2006/

4.If the organizer of a demonstration or an assembly violates the provisions of paragraph 3 of this Article, he/she shall be imposed liabilities specified in the legislation.

Article 12.Duties of the participants in the demonstration or assembly  

1.A participant in the demonstration or assembly shall undertake the following duties:

1/to strictly observe legislation and social order, not to use force in any form, and to fulfill the legitimate demands of the organizer;

2/not to carry hot or cold weapons, poisonous or explosive substances, any objects or animals that may endanger the surroundings or human life and health;

3/not to use alcoholic beverages, drugs or toxic substances;

4/not to accompany a mentally ill person;

/This sub-paragraph was amended by the Resolution No.1 of the Constitutional court (Tsets) as of 1996/

5/not to disclose secrets of the state, organization or individual protected under the laws, to be fully responsible for the accuracy of the statements made and the information disseminated to the public during demonstrations and assemblies, and not to use demonstrations and assemblies for the purpose of defaming an individual's name and reputation;

6/not to enforce others by attracting with money, threatening, pressuring or in any other forms to participate in demonstrations and assemblies.

2. If a participant in a demonstration or an assembly violates the provisions of paragraph 1 of this Article, he/she shall be imposed liabilities specified in the legislation.

Article 13.Protecting the demonstration or assembly and their participants  

1.The authorities with duties to protect social order shall be responsible for maintaining order and protecting the participants from any criminal attacks during the demonstrations and/or assemblies being organized in accordance with the procedures specified in this Law.

2.If additional measures to protect order are necessary during demonstrations and assemblies, the organizer shall submit a request thereto to the police office.

3.Organizers and participants of demonstrations and/or assemblies shall be responsible for complying with the legal demands set by police officers to maintain order and rule of law.

4.The movement of vehicles participating in demonstrations and/or assemblies shall be specially regulated.

/This paragraph was added by the law as of November 17, 2005/

Article 14.Dispersing forcibly a demonstration or an assembly

1.In the following cases, the Governor shall make a decision to forcibly disperse demonstrations and assemblies:

1/if a demonstration or an assembly is organized without the registration in accordance with paragraph 1 of Article 9 of this Law;

/This paragraph was amended by the law as of November 17, 2005/

2/even a demonstration or an assembly was registered, however, if it is being held or attempted to hold a demonstration or assembly at a place prohibited by Article 7 of this Law upon changing the place of demonstration or assembly arbitrarily;

/This paragraph was amended by the law as of November 17, 2005/

3/if a demonstration or an assembly was organized by the organization specified in sub-paragraph 1, paragraph 1, Article 10 of this Law;

4/in the course of a demonstration or an assembly, its original purpose has changed and it has acquired the content and characteristics specified in paragraph 1 of Article 8 of this Law, or when a state of emergency or war has been declared, or when a disaster or danger has occurred, a demonstration or an assembly is held for the purposes other than those specified in paragraph 4 of Article 8 of this Law;

/This paragraph was amended by the law as of November 17, 2005/

/This paragraph was amended by the law as of February 2, 2017/

5/if the social order is lost, disorder is created, or human life and health are lost due to failure to fulfill the duties specified in paragraph 3 of Article 11 and paragraph 1 of Article 12 of this Law by the organizers and the participants of demonstrations and/ or assemblies.

2.The Governor of the administrative or territorial unit where the demonstration or the assembly is registered, or where the demonstration or assembly is organized without registration, shall inform the organizer of the demonstration and/or assembly with respect to the situation that has arisen due to the case specified in paragraph 1 of this Article, and demand in writing to disperse it within 2 hours.

/This paragraph was amended by the law as of November 17, 2005/

3.If the organizer who received the demand specified in paragraph 2 of this Article refuses to disperse the demonstration or assembly voluntarily, or even he/she does not refuse however continues to conduct after the expiration of the mentioned period, the demonstration or assembly shall be forcibly dispersed by the police office using the methods and means prescribed by law. If the forces and equipment of the police office are not sufficient to forcibly disperse the demonstrations and assemblies, the assistance shall be taken from the authorities with special functions to ensure the national security of Mongolia.

/This paragraph was amended by the law as of January 16, 2014/

Article 15.Liabilities to be imposed on violators of the law

1.Unless an official who has breached this Law is subject to criminal liability, he or she shall be held liable as provided by the Law on Public Service. 

2.An individual or a legal entity who has breached this Law is subject to the liability in accordance with Criminal code or Law on Violations. 

/This article was modified by the law as of December 04, 2015/

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA BAGABANDI.N