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(2022.12.16-ны өдрийн орчуулгын хяналт) Unofficial Translation
THE CONSTITUTION OF MONGOLIA
January 13, 1992 Ulaanbaatar city
We the people of Mongolia, in order to
- strengthen the independence and sovereignty of the state,
- cherish human rights and freedoms, justice/good faith and national unity,
- inherit the traditions of national statehood, history and culture,
- respect the accomplishments of human civilization, and
- aspire toward of building a human, civic and democratic society in our homeland, do proclaim and declare this Constitution for Mongolia.
CHAPTER ONE
SOVEREIGNTY OF MONGOLIA
Article One
1.Mongolia is an independent and sovereign republic.
2.The fundamental principles of the activities of the State shall be democracy, justice, freedom, equality, securing a national unity, and the rule of law.
Article Two
1.By its state structure, Mongolia shall be a unitary State.
2.The territory of Mongolia shall be divided into the administrative units only.
Article Three
1.In Mongolia state power shall be vested in the people of Mongolia. The Mongolian people shall exercise it through their direct participation in state affairs as well as through the representative bodies of the State authority elected by them.
2.Illegal seizure of State power or any attempt to do so shall be prohibited.
Article Four
1.The territorial integrity and border of Mongolia shall be inviolable.
2.The border of Mongolia shall be safeguarded by law.
3.Stationing of foreign military forces within the territory of Mongolia, or allowing them to traverse the state frontier, without enactment of law, shall be prohibited.
Article Five
1.Mongolia shall have an economy based on different forms of sectors consistent to universal trends of global economic development and own country's specifics.
2.The State shall recognize all forms of public and private property, and shall protect the rights of the owners by law.
3.The owner's rights may only be restricted on grounds specified in the law.
4.The State shall regulate the economy in order to ensure the nation's economic security, the development of all forms of economic sectors, and social development of the population.
5.The livestock is a national wealth and shall be protected by the State.
Article Six
1.In Mongolia the land, its subsoil, forests, water, fauna, flora and other natural wealth shall be subject to people's power only and be under the State protection.
2.The land, except those owned by the citizens of Mongolia, as well as the subsoil, its wealth, forests, water reserves, and wildlife shall be the state public property.
The state policy on use of the natural wealth shall be based on the long-term development policy and aim to ensure rights of each citizen in current and future generations to live in healthy and safe environment, and to fairly and equitably distribute benefits from land subsoil wealth by accumulating them into the National/Sovereign Wealth Fund.
A citizen shall have the right to know about the impact on the environment from exploitation of land subsoil wealth within the framework of the right to live in healthy and safe environment.
The exploitation of the mineral deposits with the strategic importance shall be in compliance with the principle, under which natural wealth is to be subject to the people's control/power, and the legal basis to allot a majority of the benefits gained from it to the people shall be determined by laws."
3.The State may give for private ownership a land, except pasturage and land under public utilization and state's 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 ownership to foreign citizens and stateless persons by way of selling, bartering, donating or pledging as well to transfer it to others for possession and use without permission from competent State authorities.
4.The State shall have the right to hold responsible the landowners in connection with the land, to exchange or take it over with compensation on the grounds of special public need, or confiscate the land if it is used in a manner adverse to the health of the population, the interests of environmental protection or national security.
5.The State may allow foreign citizens, legal persons and stateless persons to lease/use land for a specified period of time and fee under conditions and procedures as provided for by law.
Article Seven
1.The historical and cultural memorials, as well as scientific and intellectual heritage of the Mongolian people shall be under State protection.
2.Intellectual valuables produced by citizens shall be the property of their authors and the national wealth of Mongolia.
Article Eight
1.The Mongolian language shall be the official language of the State.
2.Paragraph 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.
Article Nine
1.The State shall respect the religions and the religions shall honor the State in Mongolia.
2.State institutions/organs/authorities shall not engage in religious activities and the monasteries shall not carry out political activities.
3.The relationship between the State and the monasteries shall be regulated by law.
Article Ten
1.Mongolia shall adhere to the universally recognized norms and principles of international law and pursue a peaceful foreign policy.
2.Mongolia shall fulfill 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.
Article Eleven
1.The duty of the State shall be to secure the country's independence, and ensure national security and public order.
2.Mongolia shall have armed forces for self-defense. The structure and organization of the armed forces and rules of military service shall be determined by law.
Article Twelve
1.The symbols of the independence and sovereignty of Mongolia are the State Emblem, the Banner, the Flag, the Seal and the Anthem.
2.The State Emblem, the Banner, the Flag and the Anthem shall express the historical tradition, the aspiration, the unity, the 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, as well as the main background of the Emblem is of blue color which signifying the eternal blue sky. 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 which symbolizes continued prosperity with the green color mountain pattern conveying the notion of "Mother Earth" is depicted respectively. The Wheel sign shall be entwined with the silk scarf Khadag in an expression of reverence and respect.
4.The traditional Great White Banner of the unified Mongolian Empire shall be a state ceremonial attribute/symbol of Mongolia.
5.The State Flag shall be colored with combination of red, blue and red. The blue color in the middle of the flag which is in proportion of one-third size, 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 ratio 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 fore with the state Emblem in the center and the words "Mongol Uls" (Mongolia) inscribed on its 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 stipulated by law.
Article Thirteen
1.The capital city of the State shall be the city in which the State Supreme bodies/organs permanently sit. The capital city of Mongolia is the city of Ulaanbaatar.
2.The legal basis for the capital city shall be determined by law.
CHAPTER TWO
HUMAN RIGHTS AND FREEDOMS
Article Fourteen
1.All persons lawfully residing within Mongolia shall be equal before the law and the Court.
2.No person shall be discriminated against on the basis of ethnic origin, language, race, age, sex, social origin and status, property, occupation and position, religion, opinion and education. Every one shall be a person before the law.
Article Fifteen
1.The grounds and procedure for Mongolian citizenship, acquisition or loss of citizenship shall be determined only by law.
2.Deprivation of Mongolian citizenship, exile and extradition of citizens of Mongolia shall be prohibited.
Article Sixteen
The citizens of Mongolia are guaranteed to exercise the following rights and freedoms:
1/the 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, pursuant to Mongolian Criminal law;
2/the right to healthy and safe environment, and to be protected against environmental pollution and ecological imbalance;
3/the right to fair acquisition, possession, ownership 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/organs appropriate private property on the basis of exclusive public need, they shall do so with due compensation and payment;
4/the right to free choice of employment, to be provided with favorable conditions of work, to receive a remuneration, to rest and to conduct private enterprise. No one shall be subjected to forced labor;
5/the right to material and financial assistance in old age, disability, childbirth and childcare and in other circumstances as provided by law;
6/the right to the protection of health and to obtain medical care. The procedure and conditions of free medical aid shall be determined by law;
7/the right to education. The state shall provide basic general education free of charge. Citizens may establish and operate private schools if these meet the requirements of the State;
8/the right to conduct cultural, artistic and scientific activities, to engage in creative works, and to benefit thereof. Copyrights and patents shall be protected by law;
9/the 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 exercised from the age of eighteen years and the age eligible for being elected shall be determined by law according to the requirements in respect of the state bodies or positions concerned;
10/right to form a party or other mass organizations and freedom of association to these organizations on the basis of social and personal interests and opinion. All political parties and other mass organizations shall uphold public order and state security, and abide by law. Discrimination and persecution of a person for joining a political party or other mass organization or for being their member shall be prohibited. Party membership of some categories of state employees may be suspended;
11/men and women shall enjoy equal rights in political, economic, social, cultural fields and in family relationship. Marriage shall be based on the equality and mutual consent of the spouses who have reached the age determined by law. The State shall protect the interests of the family, motherhood and the child;
12/the 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/the right to personal liberty and safety. No one shall be searched, arrested, detained, persecuted or restricted of liberty except 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 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 and their families, confidentiality of correspondence, and inviolability of homes shall be protected by law;
14/the right to appeal to the court to protect his/her rights if he/she considers that the rights or freedoms as stated by the Mongolian law or an international treaty have been violated; to be compensated for the damage illegally caused by others; not to testify against himself/herself, his/her family, or parents and children; to self-defense; to receive legal assistance; to have evidence examined; to fair trial; to be tried in his/her presence; to appeal against a court decision, 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. The penalties imposed on the convicted shall not be applicable to his/her family members and relatives;
15/freedom of conscience and religion;
16/freedom of thought, opinion and expression, speech, press, peaceful assembly. Procedures for organizing demonstrations and other assemblies shall be determined by law;
17/the right to seek and receive information except that which the state and its bodies are legally bound to protect as secret. In order to protect human rights, dignity and reputation of persons and to ensure State defense, national security and public order, secrets of the State, organization or individuals, which are not subject to disclosure, shall be determined and protected by law; and
18/the right to freedom of movement and residence within the country, right to travel and reside abroad and to return to home country. The right to travel and reside abroad may be limited exclusively by law in order to ensure the national security and the security of the population, and protecting public order.
Article Seventeen
1.Citizens of Mongolia while upholding justice and humanity, shall fulfill in good faith the following basic duties:
1/to respect and abide by the Constitution and other laws;
2/to respect dignity, reputation, rights and legitimate interests of human beings;
3/to pay taxes levied by law;
4/to defend motherland and to perform military service 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 environment.
Article Eighteen
1.The rights and duties of foreign citizens residing in Mongolia shall be regulated by the Mongolian law and by the treaties concluded with the State of the person concerned.
2.Mongolia shall adhere to the principle of reciprocity in determining the rights and duties of foreign citizens 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.Foreign citizens or stateless persons persecuted for their beliefs, 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 citizens and stateless persons under the jurisdiction of Mongolia to exercise the basic rights and freedoms provided for in Article Sixteen of this Constitution, the State may establish by law relevant restrictions upon the rights other than the inalienable rights stated in international instruments to which Mongolia is a Party, out of the consideration of ensuring the national security, the security of the population, and public order.
Article Nineteen
1.The State shall be responsible to the citizens for the creation of economic, social, legal and other guarantees ensuring human rights and freedoms, to fight against violations of human rights and freedoms, and to restore infringed rights.
2.In case of declaration of a state of emergency or martial law, the human rights and freedoms as determined by the Constitution and other laws may 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 the national security, rights and freedoms of others, and violate public order.
Article Nineteen 1
/This article was added by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019/
1.The Party shall be established as set out in the paragraph 10 of the Article Sixteen of the Constitution, and shall formulate and conduct nation-wide policy.
2.The Party shall be formed by associatinguniting at least one percent of Mongolian citizens, eligible to vote in the election.
/This paragraph shall enter into force starting from January 1, 2028/
3.Internal organization of the party shall be in compliance with the democratic principles, and its capital and revenue sources and spending shall be transparent to public. The Party's organization, operational procedure, funding, and the terms of state funding support shall be determined by law.
CHAPTER THREE
STATE STRUCTURE OF MONGOLIA
ONE. THE STATE GREAT KHURAL/PARLIAMENT OF MONGOLIA
Article Twenty
The State Great Khural of Mongolia is the highest organ of the State power, and the legislative power shall be vested solely in the State Great Khural.
Article Twenty-one
1.The State Great Khural shall have one chamber and consist of seventy-six members.
2.The members of the State Great Khural shall be elected by citizens eligible to vote in the election, 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 twenty-five years and are eligible to vote in the elections shall be elected to the State Great Khural.
4.The election procedure of the State Great Khural shall be determined by law. It is prohibited to approve and amend the Law on the Election of the State Great Khural within one year prior to the regular election of the Parliament/State Great Khural.
/This paragraph was amended by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019./
Article Twenty-two
1.If it is impossible to hold a regular election due to extraordinary circumstances which are arising from sudden calamities occurred in the whole or a part of the country, the imposition of martial law or the outbreak of public disorder, the State Great Khural shall retain its power until the extraordinary circumstances cease to exist, and the newly elected members of the State Great Khural are sworn in.
2.The State Great Khural may decide to dissolve itself by at least two-thirds of the members of the State Great Khural if at least two-thirds of its members consider that the State Great Khural is unable to carry out its power, or if the President in consent with the Speaker of the State Great Khural proposes to do so for the same reason hereinabove.
/This paragraph was added by the law on addendum and amendment to the Constitution of Mongolia as of 24 December 1999, this addendum was repealed by the Resolution No.02 as of 2000 of Constitutional court (Tsets) of Mongolia. Then this paragraph was added by the law on addendum and amendment to the Constitution of Mongolia as of 14 December 2000. As well, this paragraph was amended by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019./
3.If the State Great Khural fails to appoint the Prime Minister of Mongolia within forty-five days after the President has submitted a proposal on the appointment to the State Great Khural in accordance with the Paragraph 2 of Article Thirty-nine of the Constitution or within thirty days after resignation of the Prime Minister in accordance with the Paragraph 1 of the Article Forty Three of the Constitution or within thirty days after the Prime Minister has been deemed resigned in accordance with the Paragraph 2 of the Article Forty four, the President shall decide to dissolve the State Great Khural.
/This article was added by the law on addendum and amendment to the Constitution of Mongolia as of 14 November, 2019/
4.The State Great Khural shall announce the election date within ten days after the decision provided in clauses/paragraphs 2 and 3 of this Article is made, and the election shall be conducted within sixty days. The State Great Khural shall retain its power until newly elected members are sworn in.
/This paragraph was added by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019./
Article Twenty-three
1.A member of the State Great Khural shall be an envoy of the people and shall represent and uphold the interests of all the citizens and the State.
2.The term of office of a member of the State Great Khural shall begin with an oath taken before the State Emblem and expire when newly elected members of the State Great Khural are sworn in.
Article Twenty-four
1.The Speaker and Vice-Speaker of the State Great Khural shall be nominated and elected from among the members of the State Great Khural by open ballot. Each party and coalition group formed as a result of election shall elect the Vice-Speaker of the State Great Khural.
2.The term of office of the Speaker and Vice-Speaker of the State Great Khural shall be for four years. They may be released or removed from their office before the expiry of their terms of office on the grounds specified by law.
Article Twenty-five
1.The State Great Khural may consider on its own initiative any issue pertaining to domestic and foreign policies of the State, and shall keep within its exclusive power the following issues and decide thereon:
1/to enact laws, make addendums or amendments to them;
2/to determine the basis of the domestic and foreign policies of the State;
3/to set and announce the date of elections of the President and the State Great Khural and its members;
4/to determine and change the structure and composition of the Standing Committees of the State Great Khural, the Government, and other organs/bodies directly accountable to it according to the law;
5/to enact a law recognizing the full mandate of the President by considering him/her as elected and to release or remove the President;
6/to appoint, replace or remove the Prime Minister, members of the Government and the composition of other organs/bodies directly responsible and accountable to the State Great Khural as provided for by law;
/This paragraph was amended by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019./
7/to determine the state finance, loan, tax and monetary policies, national economic and social development policies, and principal directions, and to approve action programs of the Government that have been developed in line with national security and development policies, the state budget, and its report of performance.
The development policy and planning shall be sustainable.
The budget revenue and expenditure structures may be changed during the state budget review and approval process. However, the amount of budget expenditure and deficit submitted by the Government shall not be increased.
The power, organization/structure, and operational procedure of the organization that is to undertake independent control of the state finance and budget shall be determined by law.
/This paragraph was amended by the law on addendum and amendment to the Constitution of Mongolia as of November 14,2019/
8/to supervise the implementation of laws and other decisions of the State Great Khural;
9/to establish the State frontier;
10/to set the structure, composition and power of the National Security Council of Mongolia;
11/to approve and change the administrative and territorial division of Mongolia upon the Government's submission;
12/to determine the legal basis of the system, organization and activities of local self-governing and administrative bodies/organs;
13/to institute State titles, orders, medals and higher military ranks, and to determine the table of ranks in some special sector officials of public service;
14/to issue acts of amnesty
15/to ratify and denounce international treaties to which Mongolia is a Party, to establish and sever diplomatic relations with foreign States upon the Government's submission;
16/to hold national referendums. Mongolia shall not allow any attempt to negate its independence and territorial integrity, and prohibit a referendum for this purpose. To verify the validity of a referendum in which the majority of citizens eligible for election has taken parts, and to abide by and give effect to the decision which has obtained a majority of votes.;
/The second sentence of this sub-paragraph was added by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019/
17/to declare a martial law in case the sovereignty and independence of the State are threatened by armed actions on the part of a foreign State, and to rescind it;
18/to declare a state of emergency or a martial law in the whole or some parts of the country in special circumstances described in paragraphs 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 Great Khural may declare a state of emergency to eliminate the consequences thereof, and to restore the life of the population and society to normality:
1/natural disasters or other unforeseen dangers which threaten or may threaten directly the life, health, well-being and security of the population in the whole or a part of the country's territory, have occurred;
2/if State bodies/organs are not able within their legal authorities to cope with public disorders caused by organized, violent, illegal actions of an organization or a group of people threatening the Constitutional order and the existence of the legitimate social system.
3.The State Great Khural may declare a 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 a real threat of such an aggression by a foreign state.
4.The other power, organization and the operational procedures of the State Great Khural shall be determined by law.
Article Twenty-six
1.The President, Members of the State Great Khural, and the Government shall exercise the right to initiate legislation. The scope and limits of the right to initiate legislation shall be determined by law.
/This paragraph was amended by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019/
2.Citizens and other organizations shall forward their suggestions on drafts of the law to the initiators of laws.
3.Laws of Mongolia shall be subject to official promulgation by the State Great Khural through publication and, unless otherwise provided by law, it shall enter into force 10 days after the date of such publication.
Article Twenty-seven
1.The State Great Khural shall exercise its power through its sessions and other organizational forms.
2.Regular sessions of the State Great Khural shall be convened once in half year and last not less than seventy-five working days.
/This paragraph was amended by the law on addendum and amendment to the Constitution of Mongolia as of December 24, 1999, this addendum was repealed by the Resolution No.02 as of 2000 of Constitutional court (Tsets) of Mongolia. Then this paragraph was amended by the law on addendum and amendment to the Constitution of Mongolia as of December 14, 2000. As well it was amended by the law on addendum and amendment to the Constitution of Mongolia as of November 14,2019/
3.Extraordinary sessions may be convened at the demand of more than one third of the members of the State Great Khural or at the initiative of the President and the Speaker of the State Great Khural.
4.The President shall convoke the first sessions of the State Great Khural within 30 days following the election. Other sessions shall be convoked by the Speaker of the State Great Khural.
5.In case of the proclamation by the President of a state of emergency or martial law, the State Great Khural shall be convened for an extraordinary session within 72 hours without prior announcement.
6.Sessions of the State Great Khural and sittings of its Standing Committees shall be considered valid with the presence of a majority of their Members, and the issues shall be resolved by a majority vote of the Members present in sessions and sittings unless provided otherwise by the Constitution.
Unless provided otherwise by the Constitution, the laws shall be adopted by a majority vote of the entire Members of the State Great Khural.
7.The Members of the State Great Khural shall resolve issues by open voting. A secret ballot shall be held if it is supported by a majority of the members of the Parliament who are present at the session or specified in the Constitution and other laws.
/This paragraph was added by the law on addendum and amendment to the Constitution of Mongolia as of 14 November, 2019/
Article Twenty-eight
1.The State Great Khural shall have its Standing Committees dealing with specific sectors and directives of its activities.
2.If at least one-fourth of the entire Members of the State Great Khural proposes to establish an interim review committee to be in charge of particular issues which affect public interest related to ensuring law enforcement, the State Great Khural shall establish such committee involving the minority representatives.
The power, organizational structure, and operational procedure of the Standing and other Committees shall be determined by law.
/This Paragraph was amended by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019/
Article Twenty-nine
1.Members of the State Great Khural shall be remunerated from the State budget during their term of office. Members of the State Great Khural shall not hold concurrently any positions or employment that are incompatible with their duties other than those assigned by law except for the positions of the Prime Minister and member of the Government.
/This paragraph was amended by the law on addendum and amendment to the Constitution of Mongolia as of December 24, 1999, this addendum was repealed by the Resolution No.02 as of 2000 of Constitutional court (Tsets) of Mongolia. Then this paragraph was amended by the law on addendum and amendment to the Constitution of Mongolia as of December 14, 2000.
2.The immunity of members of the State Great Khural shall be protected by law.
3.If the member of the State Great Khural violates the Constitution by breaching his/her oath when implementing his/her power, it shall be the grounds for his/her removal from its member. Matters concerning the involvement of a member of the State Great Khural in a crime shall be considered by the session of the State Great Khural, which shall decide whether to suspend his/her powers. If a court rules that the member in question to be guilty of crime, then the State Great Khural shall remove his/her from its member.
/The first sentence of this paragraph was added by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019/
TWO. THE PRESIDENT OF MONGOLIA
Article Thirty
1.The President shall be the Head of State and embodiment of the unity of the Mongolian people.
2.An indigenous citizen of Mongolia, who has attained the age of fifty years and has permanently resided in Mongolia for at least five years, shall be elected as the President once only for a term of office for six years.
/This paragraph was amended by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019/
Article Thirty-one
1.Presidential elections shall be conducted in two stages.
2.Political parties which have obtained seats in the State Great Khural shall nominate individually or collectively one single candidate each for Presidency.
3.At the primary stage of the elections citizens eligible for election shall participate in electing the President on the basis of universal, free and direct suffrage by secret ballot.
4.The State Great Khural 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 powers.
5.If none of the candidates obtains a majority vote in the first round, second voting shall take place involving the two candidates who have obtained the largest number of votes in the first round. The candidate who wins a majority of all votes cast in the second ballot shall be considered as elected the President and a law recognizing his/her mandate shall be passed by the State Great Khural.
6.If neither of the candidates wins a majority of votes in the second ballot, Presidential elections shall be held again.
7./This paragraph was annulled by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019/
8.The President shall not be a Prime Minister, a member of the State Great Khural or a member of the Government and shall not concurrently hold any other positions or employment not relating to his duties assigned by law. If the President holds another position or an employment he/she shall be released from it starting from the date on which he/she is taken oath.
Article Thirty-two
1.The terms of office 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 being elected, the President shall take following oath before the State Great Khural: "I swear that I shall guard and defend the independence and sovereignty of Mongolia, freedom of the people and national unity, and I shall uphold and observe the Constitution, and faithfully perform the duties of the President".
Article Thirty-three
1.The President shall exercise the following main powers:
1/to exercise right to veto, either partially or wholly, against laws and other decisions adopted by the State Great Khural. The laws or decisions shall remain in force if two thirds of the members of the State Great Khural present in the session do not accept the President's veto after discussion;
2//This sub-paragraph was amended by the law on addendum and amendment to the Constitution of Mongolia as of December 24, 1999, this addendum was repealed by the Resolution No.02 as of 2000 of Constitutional court (Tsets) of Mongolia. Then this paragraph was amended by the law on addendum and amendment to the Constitution of Mongolia as of December 14, 2000. As well, it was repealed by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019/
3/to instruct the Government on issues within his/her power. If the President issues a relevant decree 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 Great Khural, to conclude international treaties on behalf of Mongolia;
5/to appoint and recall heads of plenipotentiary missions to foreign countries in consultation with the State Great Khural;
6/to receive the Letters of Credence or Recall of Heads of plenipotentiary 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 acquisition or loss citizenship of Mongolia, and granting an asylum;
10/to head/chair the National Security Council of Mongolia;
11/to declare a general or partial conscription;
12/to declare a state of emergency or a martial law on the whole or a part of the national territory and order the deployment of armed forces when emergency circumstances described in paragraphs 2 and 3 of the Article Twenty-five of the Constitution have arisen, and the State Great Khural concurrently is in recess. The State Great Khural within seven days shall consider the Presidential decree declaring a state of emergency or a martial law, and shall approve or invalidate it. If the State Great Khural does not make a 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 Great Khural and/or to the people, he/she may at his/her own discretion attend sessions of the State Great Khural, report on and submit proposals concerning vital issues of domestic and foreign policies of the country.
4.Particular power may be granted to the President by law only within the scope set forth in this chapter.
/This paragraph was amended by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019/
Article Thirty-four
1.The President within his/her power shall issue decrees in conformity with law.
2.If a Presidential decree is not conformity with law, the President himself/herself or the State Great Khural shall invalidate it.
Article Thirty-five
1.The President shall be responsible for his/her work to the State Great Khural.
2.In case of a violation of the Constitution and/or abuse of power in breach of his/her oath, the President may be removed from his position on the basis of the findings of the Constitutional Court by an overwhelming majority of all members of the State Great Khural present and voting.
Article Thirty-six
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 Thirty-seven
1.In the temporary absence of the President, his/her powers shall be exercised by the Speaker of the State Great Khural.
2.In the event of the resignation, death or voluntary retirement of the President his/her powers shall be exercised by the Speaker of the State Great Khural until the inauguration of the newly elected President. In such cases, the State Great Khural shall announce and hold Presidential elections within four months.
3.The procedure of the exercising the duties of the President by the Speaker of the State Great Khural shall be determined by law.
THREE. THE GOVERNMENT OF MONGOLIA
Article Thirty-eight
1.The Government of Mongolia is the highest executive body/organ of the State.
2.The Government shall enforce the laws of the State, in accordance with the common functions to manage the economic, social and cultural structure shall exercise the following main/full powers:
1/to organize and ensure nation-wide implementation/enforcement of the Constitution and other laws;
2/to work out a comprehensive/integrated policy on science and technology, guidelines for economic and social development, and the State budget, the credit and fiscal plans, and to submit them to the State Great Khural, and to enforce decisions taken thereon
3/to elaborate and implement measures on sectoral, inter-sectoral, as well as regional development matters;
4/to undertake measures on the protection of the environment, and on the rational use and restoration of natural wealth;
5/to manage expediently the central state administrative bodies/organs/authorities, and to direct the activities of local administrative authorities;
6/to strengthen the country's defense capabilities, and to ensure national security;
7/to take measures for the protection of human rights and freedoms, strengthening of public order, and prevention of crime;
8/to implement the State foreign policy;
9/to conclude and implement international treaties to which Mongolia is party in consultation with and subsequent ratification by the State Great Khural, as well as to conclude and abrogate inter-governmental treaties.
3.The specific powers, organization and operational procedure of the Government shall be determined by law.
Article Thirty-nine
/This Article was amended by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019/
1.The Government shall be comprised of the Prime Minister and Members. The Prime Minister and no more than four members of the Government may hold concurrently position of the Member of the State Great Khural.
/The part "The Prime Minister and no more than four members of the Government may hold concurrently position of the Member of the State Great Khural'" in thos paragraph was invalidated by the law on amendment to the Constitution of Mongolia as of August 25, 2022/
2.The proposal on appointing the person nominated as the Prime Minister i) by the party or coalition which has obtained majority of seats in the State Great Khural, or ii) by the party or coalition which has obtained the highest number of seats in the State Great Khural through constituting the majority in consent with the other parties and coalitions if none of the parties or coalitions has obtained majority seats in the State Great Khural, or iii) in the other cases, by the majority constituted through consent of the parties and coalitions which have obtained seats in the State Great Khural, shall be submitted by the President to the State Great Khural within 5 days.
3.The Prime Minister of Mongolia shall, in consent with the President, submit draft law on the structure and composition of the Government, along with amendment thereto, to the Parliament. If the Prime Minister is unable to reach a consensus on this issue with the President within 7 days, then the Prime Minister shall submit it to the Parliament.
4.Government members shall be appointed, dismissed and resigned by the Prime Minister upon introduced to the Parliament and the President. Government members shall swear to the Parliament.
Article Forty
1.The term of the office for the Government shall be four years.
2.The term of office of the Government shall start from the date of the appointment of the Prime Minister by the State Great Khural, and terminate upon the appointment of a new Prime Minister.
Article Forty-one
1.The Prime Minister shall manage the Government and shall be responsible to the State Great Khural for the enforcement of laws of the state.
2.The Government shall be accountable for and report its work to the State Great Khural.
Article Forty-two
Immunity of the Prime Minister and members of the Government shall be protected by law.
Article Forty-three
/This Article was amended by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019/
1.If at least a quarter of the Members of the State Great Khural makes a formal proposal to resign the Prime Minister, the State Great Khural shall start its discussion after three days and decide it within ten days. Resolution of the State Great Khural regarding resignation of the Prime Minister shall be deemed to have been approved if a majority of the all Members of the Parliament supports the proposal, and a new Prime Minister shall be appointed within 30 days thereupon.
2.The Government shall resign in its entirety if the Prime Minister has resigned.
Article Forty-four
/This Article was amended by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019/
1.If the Prime Minister submits a draft resolution regarding entrustment to him/her on particular issues of the state budget and policy, the State Great Khural shall start its discussion after three days and resolve it within ten days by a majority vote of the all Members of the Parliament.
2.If the State Great Khural adopted the resolution, it shall be deemed that the State Great Khural entrusted to the Prime Minister, and supported such issues. If the resolution is not adopted, the Prime Minister shall be deemed to have resigned, and a new Prime Minister shall be appointed within thirty days.
Article Forty-five
1.The Government in conformity with legislation and within its power shall issue resolutions and ordinances which shall be signed by the Prime Minister and the Minister responsible for its enforcement.
2.If these resolutions and ordinances are not in conformity with legislation, then the Government itself or the State Great Khural shall invalidate them.
Article Forty-six
1.Ministries of Mongolia, and other offices of the State shall be established in accordance with law.
2.Genuine civil servants of Mongolia shall be the citizens of Mongolia, and they shall strictly abide by the Constitution and other laws, and work for the benefit of the people and in the interests of the State in their civic capacity.
3.The working conditions and social guarantees of civil servants shall be determined by law.
FOUR. THE JUDICIAL POWER
Article Forty-seven
1.In Mongolia the judicial power shall be vested exclusively in courts.
2.The unlawful establishment of a court under any circumstances, and exercise of judicial power by any other organization, shall be prohibited.
3.Courts shall be established solely under the Constitution and other laws.
Article Forty-eight
1.The judicial system shall consist of the Supreme Court, the aimag and the capital city courts, soum (county) or inter-soum (inter-county), and district courts, and the court may be established by circumferential principle. The specialized courts, such as criminal, civil and administrative by task types of the administration of justice, may be established. The activities and decisions of these specialized courts shall not be outside the oversight by the Supreme Court.
2.The organization of courts and the legal basis of their activities shall be determined by law.
3.The courts shall be financed from the State budget. The State shall ensure economic guarantee of the court's activities.
Article Forty-nine
1.Judges shall be impartial and subject only to law.
2.The President, the Prime Minister, members of the State Great Khural and the Government, or officials of the State, political parties or other mass organizations, citizens or anyone else, shall not interfere with the exercise of judicial duties by the judges.
3.The General Council of Courts shall function for the purpose of ensuring the impartiality of the judges and independence of the judiciary.
4.The General Council of Courts, without interfering in the judicial proceedings 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 ensuring of conditions for guaranteeing the independence of the judiciary.
5.Five members of the General Council of Courts (hereinafter referred to as the "Council") shall be selected from among the judges, and the other five members shall be nominated and appointed openly. They shall work once for four years, and Chairman of the Council shall be elected from among the members. Report on the Council activities in connection with ensuring the impartiality of judges shall be presented to the Supreme Court. Organization of the Council, operational regulation, the requirement for its members, and the procedure of appointment shall be determined by law.
/This paragraph was amended by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019/
6.The Disciplinary Committee of the Court shall work with function to suspend from the position of judge, dismiss a judge, and impose other disciplinary actions under the procedure and the grounds specified in the law, and its power, organization, operational procedure, the requirements for its members, and the procedure of appointment shall be determined by law.
Article Fifty
1.The Supreme Court shall be the highest judicial organ and shall exercise the following power:
1/to adjudicate at the first instance procedure the criminal cases and legal disputes assigned under its jurisdiction by law;
2/to examine decisions of lower-instance courts through appeal or supervision/cassation;
3/to examine and take decision on matters related to the protection of law and human rights and freedoms stated therein, as transferred to it by the Constitutional court (Tsets) and/or the Prosecutor General;
4/to provide official interpretations for correct application of all other laws except for 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 prevail.
3.The Supreme Court and other courts shall have no right to apply laws that are incompatible with the Constitution or have not been promulgated officially.
Article Fifty-one
1.The Supreme Court shall be comprised of the Chief Justice and judges.
2.The President shall appoint the judges of the Supreme Court upon their presentation to the State Great Khural by the General Council of Courts, and appoint judges of other courts, upon the proposal by the General Council of Courts. The President shall appoint the Chief Justice of the Supreme Court for a term of six years upon the proposal by the Supreme Court from among its members.
3.A Mongolian citizen who has reached thirty-five years of age with higher education in law and a professional career of not less than 10 years may be appointed as a judge of the Supreme Court. A Mongolian citizen who has reached twenty-five years of age with higher education in law and a professional career of not less than 3 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 he/she is released 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 Fifty-two
1.Courts of all instances shall consider and make judgement on cases and disputes based on the principle of collective decision-making.
2.In passing a collective decision on cases and disputes, the courts of the 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 decide those cases, which are specifically singled out for such trial by law.
Article Fifty-three
1.Court trials/the administration of justice shall be conducted in the Mongolian language.
2.A person who does not know Mongolian shall be acquainted with all the facts of the case through translation and shall have the right to expression in his/her native language at the court trials.
Article Fifty-four
Courts shall adjudicate the cases through open trials except those cases specified by law.
Article Fifty-five
1.The accused shall have a right to defend himself/ herself.
2.The accused shall be accorded with the professional legal assistance when exercising this right at his/her request or as stated in law or.
Article Fifty-six
1.The Prosecutor shall exercise supervision over the inquiry into and investigation of cases and the execution of punishment, and participate in the court trials on behalf of the State.
2.The President shall appoint the Prosecutor General and his/her deputies in consultation with the State Great Khural for a term of six years.
3.The system, organization and legal basis of the activities of the Prosecutor's office shall be determined by law.
CHAPTER FOUR
ADMINISTRATIVE AND TERRITORIAL UNITS OF MONGOLIA AND THEIR GOVERNANCE
Article Fifty-seven
1.The territory of Mongolia shall be divided administratively into Aimags and a capital city; Aimags shall be subdivided into Soums; Soums into Bags; the capital city shall be subdivided into District, and Districts into Khoroos
2.The legal status of towns with national and local rank in the administrative and territorial units as well as self-governance and organization of villages shall be prescribed by law.
Transfer of some functions of the administrative and territorial unit and its governance to town or village shall be resolved by the State Great Khural as submitted by the Government.
/This paragraph was amended by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019/
3.A matter on change of the administrative and territorial unit shall be resolved by the State Great Khural as submitted by the Government based on the opinions of population of the given unit, in consideration of its economic structure and location of population.
/This paragraph was amended by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019/
Article Fifty-eight
1.Aimag, the capital city, Soum and District are administrative, territorial and socio-economic complexes with their specifically assigned functions and their self-governance as provided for by law.
2.Borderlines of Aimags, the capital city, Soums and Districts shall be approved by the State Great Khural as submitted by the Government.
Article Fifty-nine
1.Governance of administrative and territorial units of Mongolia shall be organized on the basis of combination of the principles of both self-governance and state administration.
2.Local self-governing body in Aimag, capital city, Soum and District shall be the Citizens Representatives Khural (Local assembly) in their respective territory, and the Public Khural of Citizens (Local meeting) in bag and khoroo.
The Citizens Representatives Khural in Aimag, capital city, Soum and District shall have the right to undertake property management and set tax rates within the scope prescribed by law.
The functions and budget relations basis of local self-governing bodies may be determined by law in conformity with their economic and social specifics.
/This paragraph was amended by the law on addendum and amendment to the Constitution of Mongolia as of November 14, 2019/
3.Khurals of Aimags and the capital city shall be elected for a term of four years. The members quantity of these Khurals as well as those of Soums and Districts, and the procedure of their election shall be determined by law.
Article Sixty
1.State administration in the territories of Aimags, the capital city, Soums, Districts, Bags and Khoroos shall be exercised by their respective Governors.
2.Candidates for Governors shall be nominated by the Khurals of respective Aimags, the capital city, Soums, Districts, Bags and Khoroos, and the Governors of Aimags and the capital city shall be appointed by the Prime Minister; the Governors of Soum and District by the Governors of Aimags and the capital city; the Governors of Bags and Khoroos by the Governors of Soums and Districts, respectively for a term of four years.
3.In case the Prime Minister or Governors of higher levels refuse to appoint the candidates for the Governors of their lower instance, then until the new nominations appointments shall be held in the manner prescribed in Paragraph 2 of this Article, the previously appointed Governor shall exercise his/her powers.
Article Sixty-one
1.While working for the implementation of the decisions of a respective Khural, a Governor, as a representative of State authority, shall be responsible to the Government and the Governor of higher instance for proper observance of legislation, and fulfillment of the decisions of the Government and the respective superior body in his/her territory.
2.The Governor shall have a right to veto decisions by the Khurals of respective Aimag, capital city, Soum, District, Bag and Khoroo.
3.If a Khural by a majority vote overrides the veto, the Governor may tender his/her resignation to the respective Khural, 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.The administrative office for Governors of Aimag, the capital city, Soum and District shall have secretariats. The Government shall determine the structure and staff limit of these offices individually or by a uniform standard.
Article Sixty-two
1.Local self-governing bodies besides making independent decisions on matters of socio-economic life of the respective Aimag, the capital city, Soum, District, Bag and Khoroo shall organize the participation of the population in solving problems of national scale and that of higher territorial units.
2.Authorities/organs 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 in conformity with the Constitution.
3.If the State Great Khural and the Government deem it necessary, they may delegate some matters within their power to the Aimag and capital city Khurals or Governors for their solution.
Article Sixty-three
1.Khurals of Aimag, the capital city, Soum, District, Bag and Khoroo shall adopt resolutions, and Governors shall issue ordinances within their power.
2.Resolutions of the Khurals and ordinances of the Governors shall be in conformity with legislation, 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 their governance competence, organization and operational procedure shall be determined by law.
CHAPTER FIVE
THE CONSTITUTIONAL COURT (TSETS) OF MONGOLIA
Article Sixty-four
1.The Constitutional Court (Tsets) of Mongolia shall be an organ exercising supreme supervision over the enforcement 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 court and its members in the execution of their duties shall be subject to the Constitution only and shall be independent of any organizations, officials or any other person.
3.The independence/impartiality of the members of the Constitutional court shall be ensured by the guarantees set out in the Constitution and other laws.
Article Sixty-five
1.The Constitutional court shall be comprised of nine members. Members of the Constitutional court shall be appointed by the State Great Khural for a term of six years upon the nomination of three of them by the State Great Khural, three by the President, and the remaining three by the Supreme Court.
2.A member of the Constitutional court shall be a Mongolian citizen who has reached forty years of age and has high political and legal qualification.
3.The Chairman of the Constitutional court shall be elected from among nine members for a term of three years by a majority vote of the members of Constitutional court. He/she can be re-elected once.
4.If the Chairman or a member of the Constitutional court violates law, he/she may be withdrawn by the State Great Khural based on decision of the Constitutional court and on suggestion of the institution which nominated him/her.
5.The President, member of the State Great Khural, the Prime Minister, members of the Government and judges of the Supreme Court shall not be a member of the Constitutional court.
Article Sixty-six
1.The Constitutional court shall examine and settle constitutional disputes on its own initiative on the basis of petitions and information received from citizens or at the request of the State Great Khural, the President, the Prime Minister, the Supreme Court and the Prosecutor General.
2.The Constitutional court in accordance with Paragraph 1 of this Article shall make and submit conclusion to the State Great Khural on the following issues under a dispute:
1/whether laws, decrees and other decisions of the State Great Khural and the President, as well as Government decisions and international treaties to which Mongolia is a party are in conformity with the Constitution or not;
2/whether national referendums and decisions of the Central election authority on the elections of the State Great Khural and its members as well as on Presidential elections are in conformity with the Constitution or not;
3/whether the President, Speaker and members of the State Great Khural, the Prime Minister, members of the Government, the Chief Justice of the Supreme court, and the Prosecutor General breached the law or not;
4/whether the grounds for the removal of the President, the Speaker of the State Great Khural and the Prime Minister, and for the recall of members of the State Great Khural are existed or not.
3.If a conclusion submitted in accordance with sub-paragraph 1 and 2 of Paragraph 2 of this Article is not accepted by the State Great Khural, the Constitutional court shall re-examine it and make final judgement.
4.If the Constitutional court decides that the laws, decrees and other decisions of the State Great Khural and the President as well as Government decisions and international treaties to which Mongolia is a party are inconsistent with the Constitution, the laws, decrees, instruments of ratification and decisions in question shall be considered invalid.
Article Sixty-seven
Decisions of the Constitutional court shall enter into force immediately.
CHAPTER SIX
ADDENDUM AND AMENDMENT TO THE CONSTITUTION OF MONGOLIA
Article Sixty-eight
1.Addendum and amendments to the Constitution shall be initiated by competent organs and officials exercising the right to legislative initiative and could be submitted by the Constitutional court to the State Great Khural.
2.A national referendum on addendum and amendment to the Constitution may be held on the concurrence of not less than two thirds of the members of the State Great Khural. The referendum shall be held in accordance with the provisions of sub-paragraph 16 of Paragraph 1, Article Twenty-five of the Constitution.
Article Sixty-nine
1.An addendum and amendment to the Constitution shall be adopted by not less than three fourths of votes of all members of the State Great Khural.
2.A draft addendum and amendment to the Constitution which has twice failed to win three fourths of votes of all members of the State Great Khural shall not be subject to consideration until the State Great Khural sits in a new composition following general elections.
3.The State Great Khural shall not undertake addendum and amendment to the Constitution within 6 months prior to the next general elections.
4. Addendum and amendments which have been adopted shall be of the same force as the Constitution.
Article Seventy
1.Laws, decrees and other decisions of state bodies/organs, and activities of all organizations and citizens must be in full conformity with the Constitution.
2.The Constitution of Mongolia shall enter into force at 12.00 hours on the 12th 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 Sixty-year Cycle.
Learn and Abide!
THE PEOPLE'S GREAT KHURAL OF THE MONGOLIAN PEOPLE'S REPUBLIC
11 hours 35 minutes of January 13, 1992, Ulaanbaatar city
