ON Administrative Procedure

/Renewed edition/

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this law is to regulate relations concerning administrative case procedures of the courts in response to claims by a natural person and legal entity to protect its rights and legal interests that have been violated or may potentially be violated as a consequence of unlawful action by an administrative agency and as well as claims by persons who represent the public interest, and by an administrative agency and if provided by law.

Article 2.Legislation on Administrative Procedure in Court

2.1.The legislation on the administrative procedure in court consists of the Constitution of Mongolia, the General Administrative Law, the Law on Mongolian Courts, this law, and other legislative acts enacted in conformity with these.

/The amendment to this paragraph was made according to the law as of January 15, 2021/

Article 3.Definitions

3.1.The following terms used in this law shall have meanings as follows:

3.1.1."administrative agency" means organizations as defined by Article 5 of the General Administrative Law;

3.1.2."administrative action" means actions as defined by Article 11 of General Administrative Law;

3.1.3."claim" means a petition lodged in the administrative court by a natural person or legal entity to protect its rights and legal interests that have been violated or may potentially be violated as a consequence of unlawful action by administrative agencies and as well as claims by persons who represent the public interest, and if provided by law by administrative agencies for the resolution of disputes raised in relation to the implementation of public administration functions;

3.1.4."decision of first instance court" means a decision made by the first instance administrative court after reviewing and deciding an administrative case;

3.1.5."judicial panel decision" means a decision made by a panel of judges during the administrative case proceeding or by an appellate level court after reviewing an administrative case;

3.1.6."appellate court judgment" means a decision made by the appellate court for administrative after reviewing and deciding an administrative case;

3.1.7."judge order" means a decision made solely by a judge in the process of adjudicating an administrative case;

3.1.8."ordinance" means a decision imposing sanctions according to the law on the violator in the administrative court procedure;

3.1.9."authorized person representing the public interest at the administrative court" means a person who is authorized by law or a nongovernmental organization that meets the requirements stated in Article 18.3 of this law;

3.1.10."natural person" means a citizen of Mongolia, a foreign citizen, or a stateless person.

3.1.11."complaint" means an application submitted to an administrative court requesting to review the decision issued by the authorized person provided by law, order and decision of a judge, a petition requesting to review the decision of a court of the first instance or appeal, or conclusion made by the prosecutor according to the Law on Petty Offence Procedure.

/This provision was added according to the law as of May 18, 2017/

Article 4.Equality before the court

4.1.An administrative court procedure (hereinafter referred to as case proceeding) shall be based on the principle of equality, without discrimination of any person by ethnicity, language, race, gender, social origin, social status, property, job, position, religion, opinion, education or other, nor of any legal entity by type of ownership and size.

Article 5.Implementation of judicial power and independence of a judge

5.1.Judicial power shall be exercised by a court established according to law.

5.2.A judge shall be independent and shall be governed solely by law, and the independence of a judge shall be guaranteed by law.

Article 6.Adversarial principle

6.1.The case proceeding shall be based on the adversarial principle.

6.2.The adversarial principle shall apply to all stages of the case proceeding.

6.3.Case participants, their representatives and attorneys shall debate by proving or denying the case facts, the faulty actions by participants, legal grounds, and the application of the law.

6.4.Case participants, their representatives, and attorneys shall attend court sessions in person and shall have equal rights to give oral and written statements, and present and analyze the evidence.

Article 7.Inquisitorial principle

7.1.An administrative court shall be responsible for clarifying the case situations, compiling and evaluating the evidence that is material to adjudication of the case, and shall involve the participants in the case.

7.2.The court's implementation of the inquisitorial principle shall not restrain the rights of the case participants, and their representative and attorney to present evidence and the relevant request material to the case.

7.3.The principle stipulated in Articles 7.1, 7.2 are not subject to the adjudication of a complaint.

/This paragraph was invalidated according to the law as of April 18, 2019/

Article 8.Language of the judicial proceeding

8.1.The case proceeding shall be conducted in the Mongolian language, with a record of proceedings in the state official language.

8.2.If a participant in the case proceeding does not understand the Mongolian language, they shall have the right to provide statements and testimony and to submit evidence in their native language or any other language and writing in which they are fluent, and if the participant cannot communicate in an official language and writing because of a disability, they may use sign language and special characters.

8.3.The court shall be responsible for presenting statements, testimony and evidence from persons stated in Article 8.2 of this law, and the process of adjudicating the case to the participants via interpreters and translators.

8.4.Evidence in a foreign language shall be formally translated into Mongolian language.

Article 9.Open court session

9.1.Court sessions of all levels shall be held openly.

9.2.Court sessions can be held fully or partially closed upon the request of participants, their representative, and attorney, or by or at the court's initiative if evidence or the event is related to the state and official secrets, or organizational secrets, or personal sensitive information.

/The amendment to this paragraph was made according to the law as of December 17, 2021/

9.3.An incapacitated person, a person under the influence of alcohol or narcotics, or a nonparticipant of the case under 18 years shall not be permitted in the courtroom.

9.4.A person under the age of 18 years attending the court session as a visitor, guided by a teacher or instructor, with permission from chair of the judicial panel shall not be subject to Article 9.3 of this law.

Article 10.Court sessions are to be conducted continuously

10.1.All level court sessions shall be continuous and non-stop throughout the day, except for necessary time for rest.

10.2.A judge and panel shall have no right to adjudicate any other case until the proceedings of the case under adjudication are finished, or until the adjudication process is adjourned or suspended.

Article 11.Application of the law

11.1.A court shall apply the Constitution of Mongolia and international treaties to which Mongolia is party and other legislation when adjudicating a case.

11.2.If a judge or panel considers the laws under adjudication, or international treaties are not in conformity with the Constitution of Mongolia, the judge or panel shall suspend proceedings and submit the relevant opinion to the Supreme Court.

11.3.The Supreme Court shall discuss the opinion stipulated in Article 11.2 of this law and submit a request to the Constitutional Court if it finds the opinion well-grounded. In case of considering the opinion groundless, it shall be returned to the Court that has submitted the opinion for resolution in accordance with the general procedure.

11.4.In the absence of legislation that could regulate the matter in issue, Court shall apply generally regulated legislation. In the absence of such legislation, the Court shall resolve the issue in conformity with the contents, general grounds, and principles of the Constitution.

11.5.If legislation other than the Constitution of Mongolia is in contradiction, the court shall apply the law that sets forth the most detailed regulations on the issue; without such a law, the court shall apply the most relevant law that last came into effect.

11.6.Court shall not refuse to resolve a case on the grounds that there are no legal norms to regulate the matter in issue or the absence of such norms is not clear.

11.7.Court shall not refuse to apply a norm of legislation on the grounds that laws are in contradiction, unfair, or in contravention of public order and morality.

Article 12.Compulsory enforcement of administrative court decisions

12.1.Decisions by the administrative court shall be made in the following forms.

12.1.1.decision of first instance court;

12.1.2.appellate court judgment;

12.1.3.judicial panel decision;

12.1.4.judge order;

12.1.5.ordinance.

12.2.Administrative agency, legal entity, officer and natural person in the territory of Mongolia shall be obliged to abide by and implement a court decision as compulsory; failure to implement a decision voluntarily shall be subject to enforcement in compliance with grounds and rules set forth in the law.

Article 13.Disputes subject to adjudication in the administrative court

13.1.Administrative court shall adjudicate public law disputes other than those which are under the jurisdiction of the Constitutional Court or other courts.

13.2.Actions stated in Article 3.1 of General Administrative Law shall not be under the jurisdiction of the administrative court.

chapter two

FILING A CLAIM TO COURT

Article 14.Period for lodging claims to the administrative court

14.1.Unless otherwise provided in law, and if the process of lodging a complaint is carried out in compliance with the General Administrative Law, a claim shall be submitted to the court of the administrative case within 30 days of a decision of notification in the following cases:

14.1.1.plaintiff disputes a decision by an upper-level administrative agency or an administrative agency with the function of redressing complaints;

14.1.2.the respective administrative agency has failed to obey the decisions of an upper-level administrative agency or an administrative agency with the function of redressing complaints.

14.2.If a complaint submitted to an upper-level administrative agency or an administrative agency with the function of redressing complaints remains unresolved within a period provided in the General Administrative Law, the claim shall be lodged with the court within 30 days of the expiration of the period.

14.3.If the law provides direct lodgment of claims to the court, a claim shall be lodged with the court within the legally stipulated period, or if no period is set, within 30 days of notification of the decision.

14.4.If there is no upper-level administrative agency or an administrative agency that redresses complaints, a claim shall be lodged with the court directly within 30 days of notification of the administrative decision.

14.5.Claims requesting a determination of clearly unlawful administrative acts and administrative contracts by an administrative agency and claims on administrative normative acts shall not be subject to periods as stated in Articles 14.1-14.4 of this law.

14.6.If the period stated in Articles 14.1-14.4 of this law is exceeded for a justifiable reason, a natural person, legal entity or person authorized to represent the public interest shall submit to the court of the administrative case a request for restoration of the period, along with supporting evidence, and a judge may allow restoration of the case for up to three years since expiration.

14.7.If periods stated in Articles 14.1-14.4 of this law have exceeded for a faulty action of an administrative agency, Article 14.6 of this law shall not apply.

Article 15.The territorial jurisdiction of administrative cases

15.1.A claim shall be made to the court of administrative cases in the area where the administrative agency is located.

Article 16.Court jurisdiction

16.1.The first instance administrative court shall adjudicate administrative cases at first instance based on this law.

16.2.The appellate administrative court shall adjudicate at first instance on administrative cases that have jurisdiction by law, and administrative cases at the appellate level that were adjudicated at first instance by courts.

16.3.The Supreme Court shall adjudicate administrative cases adjudicated at the appellate level on the cassation procedure.

16.4.The Supreme Court shall adjudicate at appellate level on administrative cases that were adjudicated at first instance by the appellate administrative court.

16.5.Disputes between first-instance courts concerning the court jurisdiction shall be resolved by the Judge Council of the appellate administrative court.

/The amendment to this paragraph was made according to the law as of January 15, 2021/

16.6.If provided by law, appellate administrative courts and the Supreme Court shall adjudicate cases at first and appellate level under the exclusive jurisdiction.

CHAPTER THREE

LEGAL STATUS OF CASE PARTICIPANTS

Article 17.Case participant

17.1.Case participants mean the plaintiff, the defendant and the third party.

17.2.A Representative and an attorney of the plaintiff, a defendant and a third party are not considered an individual participant of an administrative case, but a person expressing and protecting the rights and legal interests of the principal.

17.3.The plaintiff means a person who lodged the claim as stated in Article 3.1.3 of this law.

17.4.The defendant means an administrative agency and officer who has implemented administrative actions described in the claim.

17.5.Third party means a person whose rights and legal interests are affected by the disputed administrative act and contract described in the claim.

Article 18.The legal capacity of the case participant

18.1.A natural person, legal entity and administrative agency shall have the right to participate in the case proceeding.

18.2.A judge may decide to involve any organization without legal status required for the adjudication of the case in the case proceeding by an order.

18.3.A person authorized to represent the public interest, other than those exclusively entitled by law, shall have the right to lodge a claim with the court on the issues of environment, child rights, public health and public property; these organizations shall meet the following requirements:

18.3.1.the claim must be consistent with the organizational purpose of the by-laws;

18.3.2.the organization shall have at least the last three years of history of practicing for the organizational purpose of the by-laws.

Article 19.The legal ability of the case participant

19.1.Person with full legal ability means to have the ability to exercise his/her rights provided in the administrative norms in the court, take responsibility and perform by the representative.

19.2.The rights and legal interests of a person with partial or limited legal ability and, as well as of a person deemed legally unable as a consequence of mental illness shall be protected in court by their parent, custodian, or guardian.

19.3.A person aged 16-18 years may at their own request participate in the case proceeding with permission from a parent, custodian, or guardian.

Article 20.Rights and obligations of a plaintiff

20.1.A plaintiff shall have the following rights when participating in the case proceeding:

20.1.1.modify the claim, increase or reduce the size of the claim, partly or wholly withdraw a claim, and settle with the defendant;

20.1.2.have access to claim, response, evidence, and the dossier from the case participants, their representative and attorney, take notes and make copies, give statements on these documents, and participate in the court session;

20.1.3.present evidence, get a testimony from a witness, request for appointing an expert, compile other evidence, request for a partial exclusion from the evidence, and request to adjourn the court session on grounds provided by law;

20.1.4.request to disqualify and remove a judge or panel, court clerk, expert, translator and interpreter for a legal cause;

20.1.5.question the other participants of the court session;

20.1.6.lodge a complaint against a court decision;

/The amendment to this sub-paragraph was made according to the law as of January 15, 2021/

20.1.7.other rights provided by law.

20.2.A plaintiff shall have the following obligations when participating in the case proceeding:

20.2.1.arrive as summoned by the court;

20.2.2.obey the rules of the case proceeding and courtroom protocol;

20.2.3.fulfill the requirements by the court;

20.2.4.provide true and correct statements on the case to the court;

20.2.5.receive the court decision within the period provided by law;

20.2.6.implement the legally effective court decision.

20.3.For a person lodging a claim representing the public interest, it is prohibited to withdraw wholly or partly from a claim once the case was initiated in court.

Article 21.Rights and obligations of a defendant

21.1.A defendant shall have the following rights when participating in the case proceeding:

21.1.1.admit, fulfill or reject the claim, settle with the plaintiff;

21.1.2.rights provided in Articles 20.1.2-20.1.7.

21.2.A defendant shall have the following obligations when participating in the case proceeding:

21.2.1.provide a written response to the claim within the period specified by the court, submit demanded evidence;

21.2.2.participate in the case proceeding by itself or by the representative;

21.2.3.obligation stated in Article 20.2 of this law.

Article 22.Rights and obligations of a third party

22.1.A third party making an independent claim on the facts in a dispute initiated by the main claim, or a person who considers that its rights and legal interests are affected by the claim, shall be permitted to participate in the case proceeding either at its own request or a judge's decision.

22.2.If a third party described in Article 22.1 of this law does not participate in the case proceeding, a relevant request shall be submitted in writing.

22.3.A third party making an independent claim has the rights and obligations as the case participants.

22.4.A third party who has no independent claim has the same rights and obligations as case participants except for the rights to modify, increase or reduce the claim, admit and settle, or withdraw from the claim.

Article 23.Several persons jointly lodging a claim

23.1.Several plaintiffs may jointly lodge a claim with the same demand for the case proceeding.

23.2.In cases as provided in Article 23.1 of this law, the plaintiffs may appoint a shall ask within 14 days of the initiation of the case in the court to appoint a representative.

23.4.If the plaintiffs do not appoint a representative within the period as in Article 23.3 of this law, the judge shall appoint a representative from them.

23.5.There may be up to five representatives. For a case with over 50 plaintiffs, a judge may add the number of representatives.

Article 24.Co-defendant

24.1.One claim may have several defendants, whom all have the right to participate in the case proceeding independently.

24.2.If co-plaintiffs decide that they have no conflict of interest, are unnecessary to participate in the case proceeding, and it will not affect a court decision negatively, they may appoint one of them as their representative.

Article 25.Replacing the defendant

25.1.If the defendant was established to be not the real defendant, a judge shall replace it with the real defendant, with permission from the plaintiff.

25.2.If the plaintiff disagrees with the replacement of the defendant, the judge shall involve the real defendant in the case proceeding as a co-defendant.

25.3.A defendant shall be replaced before collecting the evidence, and if a defendant should be changed after the evidence collection, the newly established defendant and the co-defendant shall have the right to demand new representation and evaluation of evidence.

Article 26.A succession of rights in a case proceeding

26.1.If a case participant in the dispute withdraws from the dispute /deceased, is considered to be missing, dissolution of a legal entity, transfer of a claim or duties to others, or an administrative agency is restructured/, a court may replace the case participant with who inherits the rights at the request of an interested party and the successor. A succession of rights may take place at any stage of the case proceeding.

26.2.The succession of an administrative agency shall be regulated under Articles 5.2 and 8 of the General Administrative Law.

26.3.The successor of the rights shall have the rights and obligations of the original case participant.

Article 27.Representing natural person, legal entity, and administrative agency in a case proceeding

27.1.If a legally capable person deems it necessary, he/she may appoint a representative for the case proceeding.

27.2.A person representing an organization without power of attorney but authorized within the framework of entitlement by other law, legislative act, or establishment documents, or their authorized representative may represent the legal entity in the case proceeding.

27.3.A person representing an organization without a power of attorney shall submit the document proving its position and the authorized rights and a power of attorney issued by the other person to the administrative court.

27.4.A power of attorney shall conform to the following requirements:

27.4.1.to be signed by the principal; a power of attorney from a legal entity shall be signed and sealed by the person entitled to represent the legal entity without a power of attorney;

27.4.2.specify the date of issuance;

27.4.3.if required by law, to be notarized;

27.4.4.indicate the administrative case to participate clearly;

27.4.5.if issued with a valid period, indicate the period.

27.5.A power of attorney does not conform to the requirements stated in Article 27.4 of this law shall be invalid.

27.6.A power of attorney for a certain period shall be valid for no more than three years; a power of attorney without a specified period shall be valid for one year after issuance.

27.7.A case participant who is represented by the representative under a power of attorney may not participate in the case proceeding.

27.8.An administrative agency shall be represented according to Article 6 of the General Administrative Law; and Article 27.7 of this law shall not apply.

Article 28.Authority of the representative

28.1.A representative shall act to protect the rights and legal interests of its principal within the legislative framework.

28.2. If specifically stated in the power of attorney by the principal, the representative may exercise the following rights:

28.2.1.to sign on the claim and provide a response;

28.2.2.to admit the demand on the claim;

28.2.3.to reject the claim partly or wholly;

28.2.4.to modify, increase or reduce the scope of the claim;

28.2.5.to settle;

28.2.6.to appeal against the court decision on the appellate and the cassation procedure;

28.2.7.to transfer the power of attorney by the principal to another;

28.2.8.to demand enforcement of the administrative court decision.

Article 29.The circumstances preventing representation and termination of representation

29.1.The following persons shall be prohibited from participating in the case proceeding as a representative:

29.1.1.an underaged person, a person with partial or limited legal ability, or a legally disabled person;

29.1.2.a third party or a witness;

29.1.3.a judge, prosecutor, or investigator aside from cases which involved as a parent, custodian or guardian, or representing its agency in the case proceeding.

/The amendment to this provision was made according to the law as of May 18, 2017/

29.2.The representation shall terminate for the following reasons:

29.2.1.a representative has withdrawn its rights;

29.2.2.the principal has annulled its power of attorney;

29.2.3.unless otherwise provided by law or a contract, the principal is deceased, or is no longer legally able;

29.2.4.the legal entity has liquidated;

29.2.5.the period of the power of attorney has expired.

29.3.The principal shall have the right to withdraw the power of attorney, and a representative shall have the right to refuse the power of attorney. In this case, the court shall be notified immediately, and if defaulted, the principal shall be liable for the consequences.

Article 30.Participation of an attorney in the case proceeding

30.1.A case participant may get legal assistance from an attorney at any time and stage of the case proceeding.

30.2.The right of an attorney in case proceedings shall be determined by the written request from a recipient of legal assistance or by the contract between the parties.

30.3.An attorney shall have the following rights in case proceeding:

30.3.1.have access to the administrative case evidence and the dossier, to be provided with adequate time to study them, to take notes, and make copies of the documents at its own expense;

30.3.2.provide evidence during the case proceeding, exclude evidence from the case, demand new evidence and inspection of the relevance to the case, and apply for the appointment of an expert;

30.3.3.to request to disqualify and remove a judge or panel, court clerk, expert, translator and interpreter on grounds provided in the law;

30.3.4.to appeal against the court decision on the appellate and the cassation procedure;

30.3.5.participate in a case proceeding and question the case participants and other participants, respond to statements and inquiries from their client;

30.3.6.have access to the court session minutes, submit a relevant suggestion or request in writing;

30.3.7.other rights provided in law.

30.4.An attorney shall have the following obligations in case proceeding:

30.4.1.to protect the rights and legal interests of the recipient of legal assistance;

30.4.2.to strictly comply with the Constitution of Mongolia, other legislation, and ethical norms of lawyers and attorneys;

30.4.3.to protect the client's rights and legal interests comprehensively and consistently with every method that is not contrary to law;

30.4.4.to not disclose confidential information about government, agency, a natural person and the client which became aware during the advocacy;

30.4.5.to refrain from acts contrary to the client's rights and legal interests;

30.4.6.to refuse illegal demands from the client;

30.4.7.to appear in the court session on time unless there is a justifiable reason.

chapter four

EVIDENCE

Article 31.Evidence

31.1.Evidence shall mean any factual information on which the participants of a case base their claim and objection, has significance for the Court to resolve the case, was obtained through methods prescribed by law, and is necessary to establish objective circumstances of the case.

31.2.Evidence of a case shall be established by proving tools such as statements of the case participants and their representative or attorney, the testimony of witnesses, written, digital or physical evidence, documents, conclusions of experts, film and photos, paintings, audio, images, audio-video recordings, molds printed off from traces, record and notes taken during the search, experiment, identification process or the court session minutes.

31.3.Judge and participants in the court session shall be prohibited to disclose state and official secrecy, the secrecy of an organization, and personally sensitive information that was made known during the closed session or entrusted to the judge in relation to his/her official duty.

/The amendment to this paragraph was made according to the law as of December 17, 2021/

Article 32.Collecting and presenting evidence

32.1.An administrative court shall have the duty to collect evidence that is material to the case adjudication.

32.2.The administrative court shall have the right to demand evidence that is material to the case adjudication from agencies, officers and natural persons, and those shall comply with the court demand.

32.3.Case participants, their representatives and attorneys shall present evidence reasoning the claim and response which was submitted to the court and shall indicate the evidence source if parties are unable to present evidence, or if there is evidence as yet unknown to the court.

32.4.Prior to setting the court session date, the case participants, their representative and their attorney shall collect evidence and shall have the right to demand to collect evidence from the administrative court.

32.5.Case participants, their representatives and attorneys shall be prohibited to submit false evidence or evidence that has not been obtained by the legal method.

32.6.An administrative court shall exclude from the case evidence that is irrelevant to the case, not material to prove, and not permitted by law; and shall not ask for such evidence to be presented.

32.7.Persons who violate Article 32.5 of this law shall be subject to legal sanction.

32.8.A case participant not presenting the evidence in their possession to the court shall not serve as the ground for accusing the court.

Article 33.Collecting evidence abroad

33.1.If it is necessary to collect evidence abroad, it may be addressed to the relevant organization through an authorized agency, at the request of the case participants, their representative and attorney, or at the court's initiation.

33.2.Rules on responding to a court request shall be regulated by the treaty on mutual legal assistance with the corresponding country; if such a treaty does not exist, it may be negotiated through diplomatic channels.

Article 34.Evaluating the evidence

34.1.A court shall evaluate the case evidence with its own free conviction after comparing it objectively from every side.

34.2.Evidence shall be evaluated for its relevance, materiality, credibility, and certainty.

34.3.For courts, no evidence shall be established as being fixed truth in advance.

34.4.If a fact material to adjudicating a case has already been established by a legally effective court decision or a publicly known fact, then it shall not be proven again.

34.5.Any evidence obtained in contravention of the legal rule on evidence presentation and collection shall lose its admissibility and shall not be grounds for a court decision.

34.6.Evidence not presented to a first instance court shall not be presented at appellate and the cassation instance court.

Article 35.Court instruction and its implementation

35.1.If it is essentially necessary to compile evidence in another region of the country, the court may instruct the relevant court to take certain procedural actions at the request of the case participants, their representative and attorney, or at the initiation of itself.

35.2.In the court instruction set out in Article 35.1 of this law, a brief description of the case and the evidence required to be compiled shall be indicated, the term for carrying out the instruction shall be specified, and the case proceedings shall be suspended.

35.3.Court that has received the court instruction shall carry it out within the specified term.

35.4.The records kept during carrying out the court instruction and all materials compiled shall be sent within the specified term to the court resolving the case.

Article 36.Statement of case participant, their representative and attorney

36.1.Statements made to the court by the case participants, their representative, and attorney shall conform to objective truth and be grounded on the case evidence.

36.2.Persons stated in Article 36.1 of this law shall submit evidence in their possession or available to them and relevant to its own or the opposing party's statement to the court.

Article 37.Witness testimony

37.1.A witness means a natural person who is aware of the circumstances significant to the case.

37.2.A person called as a witness shall appear at the court and give truthful testimony.

37.3.The legal sanctions shall be imposed for those who refuse or avoids testimony or provides intentional false testimony.

37.4.For a witness who is unable to be present at the court for a justifiable reason, the testimony may be obtained from the place where he/she is residing.

37.5.If a witness fails to appear at the court without a justifiable reason, the court shall instruct the authorized agency to enforce its call and may decide costs incurred for the enforcement to be borne by the witness.

37.6.If there is a serious discrepancy in the testimonies of witnesses, the testimony can be obtained by confronting each other.

37.7.In obtaining testimonies from witnesses during a confrontation, the judge shall ask the witnesses if they know each other and what kind of relationship they are in, and obtain the testimonies regarding the subject matter to be clarified from the witnesses in turn.

37.8.After giving the testimonies, a judge may ask questions from the witnesses; but witnesses confronting each other shall not ask each other a question.

37.9.A witness shall have the right to not give testimony against his/her family member, parents or child.

37.10.The following persons shall not be called as a witness and their testimonies shall not be obtained:

37.10.1.the case participant, their representative and attorney who has become aware of the case circumstances during the course of fulfilling their obligations;

37.10.2.a legally disabled person.

Article 38.Written evidence

38.1.A written evidence means evidence material to the case adjudication in written form.

38.2.Written evidence shall be submitted to the court in original form, or a notarized copy if the original is impossible to present. If the court deems it necessary, it shall have the right to demand the original copy of the evidence.

38.3.If it is difficult to demand and obtain written evidence, the court shall conduct an examination at the stored place, either at the request of the case participants or at the court's own initiative.

38.4.A state agency and a legal entity shall verify written evidence by putting its respective archive's "true copy" stamp.

38.5.If material that conforms to the evidential requirements is copied from the case previously decided by the court or is still being adjudicated, the written evidence shall be considered to conform to the evidential requirements.

38.6.After a court decision becomes legally binding, original copies of written evidence may be returned to the person who submitted the evidence if requested. The notarized copy of the evidence shall be kept in the dossier.

38.7.A court shall comply with Article 38 of the Law on Archives and Official Matters when evaluating digital documents.

/This paragraph was added according to the law as of December 17, 2021/

Article 39.Physical evidence

39.1.Physical evidence means any object that is material to establish the circumstances for the case adjudication.

39.2.Physical evidence shall be kept in the dossier or in a special room or container with the precise registration.

39.3.Physical evidence that cannot be brought to and stored in the court shall be examined on-site, and the relevant records shall be kept.

39.4.If necessary, the physical evidence may be photographed, recorded in image, audio, or audio-video, and drawn for verification and attached to the dossier, or sealed.

39.5.Food and other perishable items shall be examined by the court promptly upon informing the case participants. Unless otherwise provided by law, they shall be returned to the holder after the examination.

39.6.If necessary, physical evidence can be kept by its holder, by the governor of Bag or Khoroo of the place of the physical evidence, by the Court Decision Enforcement Agency, or by the police agency or its officers. The person assigned to keep the physical evidence shall be obliged to maintain the material evidence in its normal condition.

39.7.Unless otherwise provided by law, physical evidence shall be returned to the holder after the court decision becomes legally effective; and the photos, image, audio, video and audio-video recordings shall be retained in the dossier.

Article 40.Expert conclusion

40.1.For clarification of the issues necessary for adjudicating a case that requires special knowledge in the fields such as science, calculation, accounting, art, literature, and technology, the judge may appoint an expert at the request of the case participants, or at the initiation of court.

40.2.In analyzing and drawing conclusions, experts shall comply with the rules in the Law on Forensics Analysis.

/This paragraph was amended according to the law as of December 23, 2022/

Article 41.Other proceedings related to adjudication

41.1.To clarify the circumstances material to the case adjudication, a court shall carry out an examination, experiment and identification in the presence of the case participants, their representatives, and attorneys. All proceedings shall be recorded and signed by the participants of the proceeding.

41.2.Failure to appear at the proceedings by the case participant, their representative and attorney shall not impede the proceedings stated in Article 41.1 of this law.

41.3.Persons without personal or official interest and with full legal ability shall be involved in the proceedings as external witness.

41.4.An external witness shall be responsible for verifying the process, the contents and the consequences of the proceeding involved.

41.5.An external witness shall have the right to suggest corrections to the records.

41.6.If the external witness fails to perform obligations in Article 41.4 of this law, he/she shall be subject to legal sanction.

Article 42. Minutes

42.1.The minutes of the court session shall be taken in the following cases:

42.1.1.in the trial of a case proceeding at a first instance;

42.1.2.in appellate and cassation instance court sessions if the case participants, their representatives and attorneys are present.

42.2.Minutes shall be taken for other proceedings, including examination, experiment and confrontation.

42.3.Minutes shall comply with the requirements in Article 8.1 of this law.

42.4.Court session minutes shall be taken by the court clerk, and by a judge's assistant during the other proceedings as assigned by the judge.

42.5.Minutes shall be specified what procedural actions were taken by whom, when and where, the time of commencement and conclusion, family name, parent's name, name and addresses of persons who took a part in or were present at the action, sequence, process and discovered circumstances of the proceeding.

42.6.All persons who took a part in or were present shall read the minutes and shall be explained that they have the right to suggest corrections to the record.

42.7.All persons who conducted, took part in, or were present at the proceeding shall sign the minutes stated in Article 42.2 of this law. They shall not have the right to refuse to sign.

42.8.Photos, images, and molds printed off from traces or other objects material for adjudicating the case may be attached to the minutes and it shall be specified in the record.

Article 43.Securing evidence

43.1.If it is considered reasonable that evidence essentially required for adjudicating the case may be altered, destroyed, transferred to others, or concealed for purposes of impeding the case proceeding, the case participants may request the court adjudicating the case to secure such evidence.

43.2.The request shall be specified which evidence is necessary to secure, how significant is to prove what circumstances and the reasons to secure.

43.3.The judge shall issue an order to secure the evidence if he/she assumes that the request is well-grounded, or to refuse the request if assumed groundless.

43.4.The court order shall specify which evidence to secure, where and in whose custody it is to be located and how to secure it.

43.5.The court order stated in Article 43.3 of this law shall be immediately implemented by the Court Decision Enforcement Agency.

chapter five

COURT EXPENSES, STAMP DUTY

Article 44.Court expenses

44.1.Court expenses mean the costs essentially required for adjudicating a case by a court.

44.2.Court expenses shall be financed from the state budget.

44.3.The following expenses shall be reimbursed by the case participants:

44.3.1.transportation, accommodation and food expenses of experts, interpreters and translators, and fees for their work performed under judicial panel decision or judge order if such work is not relevant to their official duties;

44.3.2.transportation, accommodation and food expenses, salary and labor fee of the witness;

44.3.3.expenses incurred for conducting an examination, experiment, and identification;

44.3.4.expenses for storing physical evidence;

44.3.5.expenses incurred for travel to get a witness testimony.

Article 45.Determining the amount of court expenses to be reimbursed

45.1.Court expenses to be imbursed shall be determined according to the following procedures:

45.1.1.based on the business travel expenses of the agencies that are financed from the state budget for the transportation, accommodation and food expenses of experts, interpreters and translators;

45.1.2.based on the payment amount by the court for the work fees of experts, interpreters and translators;

45.1.3.based on the average salary of the relevant period, if the witness has lost his/her salary and labor fees during the period called from the court to give testimony;

45.1.4.other expenses as specified in performance documents.

45.2.Court expenses shall be paid to the state budget.

Article 46.Exemption and remission of court expenses

46.1.A case participant may be exempted from reimbursing court expenses if it is established by his/her statement and other evidence that he/she is insolvent or based on other grounds provided by law.

46.2.A court may consider the financial and other conditions of a person and may reduce the reimbursement, postpone the payment period or allow installment payment.

46.3.Persons claiming to represent the public interest shall be exempted from the court expenses.

Article 47.Distributing reimbursable court expenses

47.1.Court expenses shall be reimbursed from the defendant if the claim was fully satisfied or from the plaintiff if the claim was dismissed.

47.2.If solely part of the claim is satisfied, court expenses shall be reimbursed by the plaintiff and defendant on a pro-rata basis.

47.3.The first instance court decision was changed on the appellate and the cassation instance court, the distribution of the court expenses shall be changed as well.

47.4.Unless otherwise agreed by the plaintiff and defendant about the distribution of the court expenses, the court shall determine it under regulations in this law.

47.5.If a plaintiff withdraws a claim, it shall reimburse the court expenses.

47.6.If a plaintiff withdraws a claim as a consequence of the acceptance and satisfaction of the claim by the defendant, the court expenses to be paid by the defendant shall be cut by fifty percent.

Article 48.Stamp duty

48.1.A plaintiff shall prepay the stamp duty, and if the claim is satisfied wholly or partly, it shall be reimbursed by the defendant and repaid to the plaintiff.

48.2.Amount of the stamp duty to be paid concerning adjudicating a case through courts shall be regulated by the Law on Stamp Duty.

48.3.Stamp duty shall be paid when a complaint requesting to review the decision made by an authorized person or lodging a complaint to review a resolution or decision made by the court of the first instance or appeal and lodging a complaint on the cassation procedure.

/This paragraph was modified according to the law as of May 18, 2017/

Article 49.Exemption from stamp duty

49.1.If the plaintiff was proven to be insolvent by its statement and other evidence, or if there are other legal grounds, a judge may exempt the plaintiff from stamp duty under the Law on Stamp Duty and make related orders for the exemption.

Article 50.Refunding of stamp duty

50.1.If a court rejects to receive a claim, the stamp duty shall be refunded to the plaintiff by the judge order.

50.2.A person lodged a complaint on the appellate and the cassation procedure withdraws its complaint before the court session, the relevant level judge shall deem the complaint has not been submitted and shall refund the stamp duty paid at the time of complaint lodgment.

50.3.If appellate and cassation instance courts find the complaint by case participants, their representative and their attorney is well-grounded and nullified or changed the previous level court's decisions and judgment the stamp duty paid at the time of complaint lodgment shall be refunded by the judge order.

/This paragraph was repealed according to the law as of January 15, 2021/

50.4.If the plaintiff withdraws its claim for reasons stated in Article 47.6 of this law, the fifty percent of the stamp duty prepaid by the plaintiff shall be refunded.

50.5.Stamp duty fee shall not be refunded in cases when a plaintiff reduces their claim or withdraws the claim for reasons other than in Article 50.4 of this law, or when a case proceeding concludes because of the settlement by the plaintiff and the defendant.

50.6.Stamp duty fee shall not be refunded if the court returns the claim as stated in Article 91.3 of this law.

Article 51.Distributing stamp duty

51.1.Distribution of stamp duties to case participants shall be regulated under Article 47 of this law.

CHAPTER SIX

LODGING A CLAIM AND RECEIVING THE CLAIM

Article 52.Lodging a claim, forms of claim and the contents of the claim

52.1.A claim shall be submitted in writing and it shall be signed either by a plaintiff or its representative.

52.2.A claim shall contain the followings:

52.2.1.to which administrative court the claim is lodged;

52.2.2.family name, father's /mother's/ name and the first name of the plaintiff, residential address; if a plaintiff is a legal entity, its name and address;

52.2.3.name and address of the defendant;

52.2.4.basis and demand of the claim;

52.2.5.receipt of the payment of stamp duty or application for stamp duty exemption and evidence supporting the application;

52.2.6.list of the attached documents;

52.2.7.contact phone number, fax and/or e-mail address.

52.3.A letter of representative authorization and a power of attorney shall be attached to the claim if it was lodged by the representative of a plaintiff.

52.4.A claim shall be copied and presented according to the number of defendants.

52.5.Basis and demand of the claim stated in Article 52.2.4 of this law shall include the followings:

52.5.1.for a claim requesting an annulment of an administrative act and administrative contract, determination of clearly unlawful administrative act and administrative contract or unlawful omission, to order the issuance of an administrative act, how rights and legal interests of the plaintiff are violated;

52.5.2.for a claim requesting the award for the damage, what duty the administrative agency failed to perform or what loss was incurred by the plaintiff due to unlawful administrative action, and what decision the claim seeks;

52.5.3.for a claim of the establishment of the existence of a public-law relationship, what right and legal interest will emerge from the establishment of the existence of a legal relationship;

52.5.4.for a claim by an administrative agency, what law has been violated or what public legal functions rendered unable to be implemented;

52.5.5.for a person lodging a claim representing the public interest, sufficient interest in the disputed matter shall be specified, and what public interest is violated or may potentially be violated;

52.5.6.for a claim requesting an annulment or a determination of invalidity of an administrative normative act, what legal rights and interests of a natural person or legal entity is violated or may potentially be violated, and with what law it is in conflict;

52.6.For a claim related to an administrative normative act, lodged by an administrative agency, the conditions exclusively stated in Article 3.1.3 of this law shall not apply.

Article 53.Receiving and allocating claims

53.1.A respective administrative court shall receive the claim and register the date and time of receipt and the number of pages of the claim and enclosed documents in the claim register book.

53.2.Rules for allocating a case and claim to a judge shall be unknowable and ensure the random allocation; it shall be approved by the Judge Council of the relevant court.

53.3.If a claim is not in conformity with the requirements in Articles 52.2, 52.3, and 52.5 of this law, the relevant judge shall provide the opportunity for the plaintiff to complete the requirements by stipulating seven to fourteen days.

53.4.If a plaintiff fails to complete the claim requirements within the stipulated period, the judge shall return the claim.

Article 54.Refusal to receive a claim

54.1.A judge shall refuse to receive a claim in the following circumstances:

54.1.1.not within an administrative court jurisdiction;

54.1.2.the administrative court has no jurisdiction over the case;

54.1.3.the claim does not comply with the requirements of preliminary resolution as stated in Articles 92-94 of the General Administrative Law and it is possible to apply the preliminary resolution procedure;

54.1.4.the plaintiff has no full legal ability and there is no person representing him/her;

54.1.5.the claim is lodged by a person who is not entitled to represent the plaintiff, or by a person who has no right to claim;

54.1.6.there is a legally effective court decision, judge order, or judicial panel decision on the facts or the administrative action or refusal to receive the claim or the dismissal of the case;

54.1.7.the plaintiff is deceased or the legal entity has been dissolved and there is no succession of rights and obligations;

54.1.8.the period stipulated in Articles 14.1-14.4 of this law has expired for no justifiable reason.

54.2.When refusing to accept a claim based on the grounds specified in Article 54.1 of this law, the judge shall issue an order indicating the reasons for the refusal and how to correct the error that precludes the re-claim or receipt of the claim, and shall return the claim.

54.3.The judge shall refuse to receive the complaint on the following grounds:

54.3.1.not in conformity with the requirements specified in Articles 54.1.1, 54.1.2, 54.1.4-54.1.7 of this law;

54.3.2.failed to comply with preliminary resolution procedure in cases specifically provided by law;

54.3.3.overdue for filing a complaint without a justifiable reason.

/This paragraph was added according to the law as of May 18, 2017/

Article 55.Instituting an administrative case

55.1.If the judge finds that there are no grounds specified in Article 54.1 of this law, he/she shall issue an order to institute a case within seven days from the date of receipt of the claim or the date of completion of the claim requirements.

Article 56.Proceedings of the judge who instituted an administrative case

56.1.The judge who instituted a case shall conduct the following proceedings:

56.1.1.summon the defendant, hand over the copy of the claim, and document it;

56.1.2.explain their rights and obligations to the participants of the case and document it;

56.1.3.compile evidence material to the case, call witnesses to testify, appoint an expert, translator, and interpreter, and conduct other necessary proceedings;

56.1.4.send a court instruction to the relevant court if necessary;

56.1.6.order to involve a third party if necessary;

56.1.7.other proceedings provided by law.

Article 57.Handing over a claim to a defendant

57.1.A court shall hand over a claim to the defendant within seven days in the capital city and 14 days in the local area from the date of institution of the case.

57.2.The defendant shall submit a written statement of defense on whether to accept the demand on the claim within 14 days of receipt of the claim or within a period determined by the judge.

Article 58.Counterclaim

58.1.A defendant has the right to lodge a counterclaim before the hearing in order to be adjudicated together with the main claim related to the administrative contract during the case proceedings.

58.2.The general rule for lodging a claim shall be applied in counterclaim.

58.3.A counterclaim shall be able to be considered the main claim and shall be resolved within the scope of the case participants.

Article 59.Summoning to the court

59.1.A judge shall summon the case participants, their representatives, attorneys, a witness, translator, interpreter, and expert to the court and court sessions by summons.

59.2.Participants who shall be summoned to the court session shall be delivered the summons specifying when and where the court session will be held at their residential or work address.

59.3.Court summons shall be delivered by post or by a court employee to the participant who shall appear at the residential or work address. If necessary, the summons may be made by phone, fax, e-mail, electronic mail, and the media, and the summons shall be documented.

59.4.If the summons is delivered by post, the court shall record the name and address of the recipient, and the date of dispatch, and shall affix the signature of the court or postal clerk.

59.5.Depending on the location, the court may instruct another person to personally deliver the summons.

59.6.The summons shall be handed over to the designated person, signed, and recorded the date and time of delivery. The summons to be given to the legal entity shall be handed over to the executive officer and relevant employee, signed, and recorded the date and time of handover.

59.7.If the person who shall be handed over the summons is not present at his/her residential or work address, the summons shall be handed over to the adult person who lives with him/her, or to the Governor of the Soum, Bag, or Khoroo or to its administrative office and shall be signed.

59.8.If the relevant person refuses to receive the summons, it shall be recorded on the summons and returned to the court. This does not prevent the case proceedings.

59.9.If the case participant, their representatives or attorneys change their address during the case proceedings, they are obliged to inform the court about this. If the change of address is not informed, the summons shall be delivered to the address registered with the court and handed over to the natural person or officer provided in Articles 59.6 and 59.7 of this law, and it shall be deemed delivered.

59.10.If the case participant or other participant in the case who received the summons does not appear in court without a justifiable reason, and it is deemed necessary to be present, the judge shall enforce him/her to appear and charge with legal sanction.

59.11.The proceeding provided in Article 59.10 of this law shall be performed by the authorized organization.

Article 60.Consolidating and splitting a case

60.1.If the disputed case is under the proceedings of another administrative court, or there are several cases with claims lodged by the same plaintiff against different defendants, the court may consolidate and adjudicate those several cases in one proceeding.

60.2.One or several cases may be split for claims lodged jointly, lodged by several plaintiffs, or lodged in connection with several defendants.

Article 61.Suspending the execution of an administrative act

61.1.Unless otherwise specified in Article 62 of this law, or provided in the law, the judge shall suspend the execution of an administrative act at the request of the case participants in the case, their representatives, and attorneys.

61.2.Execution of an administrative normative act may be suspended solely on the grounds provided by law.

61.3.The order of the judge suspending the execution of an administrative act is valid until the case is finally adjudicated.

Article 62.Conditions for not suspending the execution of an administrative act

62.1.An administrative act execution cannot be suspended in the following cases:

62.1.1.if suspending the execution of an administrative act causes serious damage to life, health, and property of others, or definite damage to legal entities, or public interest;

62.1.2.if the decision is for payment of tax, payment, and fee from a natural person or legal entity;

62.1.3.if the decision by the administrative control agency or officer is for sanctioning the violation by the person who violated the administrative rule and is sanctioned;

62.1.4.if it shall be fulfilled by a non-dispute procedure as provided by law.

Article 63.Case proceeding period

63.1.Unless otherwise provided by law, a case shall be adjudicated within 60 days of the case institution.

63.2.If the case is returned by the appellate court for re-trial, the case shall be adjudicated within 30 days of the court receipt.

63.3.If necessary, the Judge Council of the court may extend the period specified in Articles 63.1 and 63.2 of this law up to 30 days for the first time, and up to 15 days for the second time, based on the advice of the judges of that court.

63.4.The judge may fix the other periods within the period specified in Articles 63.1-63.3 of this law during the case proceeding.

63.5.The period for adjudication by an appellate court on a judicial panel decision and judge orders issued during the proceedings shall not be included in the period specified in Articles 63.1-63.3 of this law.

Article 64.Determining and counting period

64.1.Rule for determining and counting period provided in Article 33 of the General Administrative Law shall be applied when determining and counting period.

Article 65.Suspending a case proceeding

65.1.A judge or court shall issue an order or judicial panel decision to suspend the proceedings in the following cases:

65.1.1.a case party is deceased, or the legal entity is liquidated and the disputed demand and obligations shall be transferred to a legal successor;

65.1.2.a case participant is serving in military force under the conditions of a declared state of emergency and war;

65.1.3.the case cannot be adjudicated before criminal, civil, administrative dispute is being adjudicated;

/This sub-paragraph was modified according to the law as of December 23, 2022/

65.1.4.a case participant is under a treatment due to a serious illness and cannot appoint a representative;

65.1.5.an opinion is submitted to the Supreme Court regarding the law to be applied in the case proceeding is not in conformity with the Constitution of Mongolia;

65.1.6.the Constitutional Court instituted a dispute concerning whether the law to be applied in the case proceeding violates the Constitution of Mongolia;

65.1.7.the proceeding specified in Articles 33, 35, and 40 of this law is being carried out.

65.2.It is prohibited to suspend proceedings for reasons other than those specified in Article 65.1 of this law.

65.3.If the conditions specified in Article 65.1 of this Law are removed, the judge shall resume the proceedings.

chapter seven

SUMMARY PROCEEDINGS

Article 66.Withdrawing the claim

66.1.A plaintiff may withdraw its claim in whole or in part at any stage of the case proceedings.

66.2.The plaintiff shall state in writing that it has withdrawn its claim, and if it withdraws its claim entirely during the court session, the proceedings of the court session shall be terminated and recorded in the minutes.

66.3.If the plaintiff withdraws a part of the claim, the withdrawn part shall be approved, and the proceedings related to the remaining demand shall proceed in accordance with the general procedure.

66.4.A person who withdraws the claim shall lose the right to lodge a claim again on that matter, but this shall not preclude other persons from lodging a claim on the matter.

Article 67.A defendant admitting the claim

67.1.If the defendant's acceptance of the whole claim does not affect the rights, freedom, or legal interests of other persons, and is not contrary to the law, the court shall approve the defendant's acceptance and dismiss the case.

Article 68.Settlement of the plaintiff and defendant

68.1.The plaintiff and the defendant may reciprocally make compromises, settle and enter into a settlement agreement by changing the demands on the claim, determining the way to fulfill the demands and others, and end the dispute.

68.2.The plaintiff and the defendant shall make the settlement agreement in writing and sign it.

68.3.If a settlement is reached during the court session, it shall be recorded in the minutes of the session.

68.4.If it is determined that the settlement of the plaintiff and the defendant is not contrary to law and does not affect the rights, freedom, or legal interests of other parties, the court shall approve the settlement and dismiss the case.

Article 69.Consequence of the summary proceedings

69.1.When a court adjudicates a case by summary proceedings, the court costs and stamp duty to be reimbursed shall be decided in accordance with Articles 47 and 48 of this law.

69.2.There is no right to appeal against a judge order or judicial panel decision made in accordance with Articles 66-68 of this law, and it shall be enforced in the same way as a court decision.

chapter eight

COURT PRELIMINARY HEARING

Article 70.The procedure of court preliminary hearing

70.1.The judge shall review the following requests in a preliminary hearing within one week of receipt:

70.1.1.to exclude from evidence;

70.1.2.to suspend the execution of an administrative act;

70.1.3.to suspend case proceedings;

70.1.4.other matters deemed necessary to be discussed and resolved by the judge at a preliminary hearing during the proceedings.

70.2.A preliminary hearing shall be held to schedule a court session.

70.3.The schedule of a preliminary hearing of the court shall be notified to the case participants, their representatives, and attorneys at least three days in advance.

70.4.The case participants, their representatives, and attorneys shall notify the court if they will not participate in the preliminary hearing, and failure to do so shall not prevent the preliminary hearing.

70.5.The preliminary hearing of the court shall be based on the adversarial principle, and the case participants shall prove the grounds for their requests and refusals.

70.6.If the case participants, their representatives, and attorneys failed to appear without a justifiable reason, it shall not ground for adjourning the preliminary hearing of the court.

70.7.The period for resolving the request specified in Article 70.1.2 of this law shall be calculated after the involvement of the case participants.

70.8.If necessary, the judge may extend the period specified in Article 70.1 of this law by up to 10 days.

70.9.The preliminary hearing of the court shall be conducted solely by the judge, and the case participants may have access to the minutes made by the court clerk in accordance with Article 88 of this law.

70.10.Matters related to the demand on the claim shall not be discussed in the preliminary hearing of the court.

chapter nine

SCHEDULING COURT SESSIONS, JUDICIAL PANEL, COURT SESSION PARTICIPANTS, AND THE GENERAL PROCEDURE OF A COURT SESSION

Article 71.Scheduling court sessions

71.1.If the judge considers that sufficient evidence has been compiled for the administrative case to be adjudicated in a court hearing, or if the time specified in Article 63 of this law has expired, as well as in other necessary cases, the time and place of the court session shall be scheduled during the procedure of the preliminary hearing and announced at least seven days in advance, and the case participants, other participants shall be notified of the schedule of the court session.

71.2.The case participants are obliged to ask the court about the schedule of the court session.

Article 72.Appointing the judge, judicial panel, and chair of the judicial panel

72.1.The Judge Council shall appoint the judge, judicial panel, and chair of the judicial panel for a certain period, such as a year or half a year based on a schedule, and the Chief Judge shall approve it by an order.

72.2.If the judge or judicial panel appointed according to the schedule cannot participate in the court session, the replacement for the judge or judicial panel shall be appointed in accordance with the procedure specified in Article 72.1 of this law.

72.3.The Judge Council shall be presided over by the Chief Judge. The Judge Council shall decide matters by a majority vote. A majority of the judges shall be present to constitute a quorum. Each judge participates equally.

72.4.The Chief Judge shall hear cases according to the schedule specified in Article 72.1 of this law, as other judges.

72.5.In cases where it is not possible to adjudicate according to Articles 72.1 and 72.2 of this law due to an increase in the workload of judges through the year, an increase or removal of the number of working judges, the Chief Justice shall convene a meeting of Judge Council from time to time.

72.6.In case there are not enough members of the judicial panel to adjudicate a specific case, the Chief Judge shall appoint and involve a judge from another court in the panel, in consultation with the Chief Judge of that court of the same level.

/This paragraph was added according to the law as of May 13, 2016/

Article 73.Appointing a citizens' representative

73.1.A citizens' representative shall participate in court sessions in accordance with the procedure specified in the Law on the Legal Status of Citizens' Representatives of Court.

Article 74.Judicial Panel

74.1.An administrative court shall adjudicate the following cases with a panel of three judges:

74.1.1.the decision of the court of a first instance was annulled by the court of appeal or cassation instance and returned for re-trial;

74.1.2.related to an administrative normative act;

74.1.3.determined by the Judge Council of the court to be resolved by a judicial panel.

74.2.Cases other than those specified in Article 74.1 of this law shall be adjudicated solely by a judge.

74.3.In the appeal procedure, a case shall be adjudicated by a panel of three judges.

74.4.In the cassation procedure, a case shall be adjudicated by a panel of five justices of the State Supreme Court.

Article 75.A citizens' representative and his/her rights and obligations

75.1.Up to three citizens' representatives shall participate in the session of the first instance court adjudicating an administrative case with a judicial panel.

/The amendment to this paragraph was made according to the law as of January 15, 2021/

75.2.A citizens' representative shall have the following rights and obligations in a case proceeding:

75.2.1.to have access to the case materials in the courthouse and take notes from them;

75.2.2.to participate in evidence analysis;

75.2.3.to question the case participants, their representatives, attorneys, a witness and an expert;

75.2.4.to request the compilation of additional evidence;

75.2.5.to submit an opinion on the facts of the case and whether the administrative action is well-grounded;

75.2.6.to not to disclose matters related to state and official secrets, an organization's secret, and sensitive personal information entrusted to him/her;

/The amendment to this provision was made according to the law as of December 17, 2021/

75.2.7.to obey the courtroom protocol stipulated in this law.

75.3.The opinion of a citizens' representative on the facts of the case and the whether the administrative action is well-grounded, as stipulated in Article 75.2.5 of this law, shall be read and heard at the court hearing.

Article 76.Unchangeability of the judicial panel

76.1.During the court sessions, the case shall be decided solely by one judicial panel. If one of the members of the judicial panel is unable to participate in the proceedings of the court session, the case shall be adjudicated by another judge or a judicial panel appointed in accordance with the procedure specified in Article 72.1 of this law.

Article 77.A participant in a court session

77.1.A participant in the court session shall be classified as a case participant or other participant in accordance with Articles 17, 77.2 of this law.

77.2.Other participant shall mean a representative, attorney of the case participants, an expert, translator, interpreter, citizens' representative of, witness, and court clerk who is participating in the court session.

Article 78.Court Clerk

78.1.A court clerk prepares for the court sessions, registers the appearance at the court session, introduces the presence to the judge and the judicial panel, records the proceedings of the court session with an audio-video recording, writes minutes of the court session, presents the minutes at the request of the case participants, their representatives, and their attorneys, obtain approval by the judge and enclose the minutes with the case documents and perform other necessary procedures.

Article 79.Translator and interpreter

79.1.If a case participant does not know the Mongolian language, or cannot communicate in the official state language or written form due to disability, the judge shall issue an order and appoint a translator and interpreter to have participated in the case proceedings at their request.

79.2.Translator and interpreter are obliged to appear when summoned by the court, correctly and completely translate and interpret the contents of claims, statements, testimonies, refusals, court hearings and other proceedings, and court decisions, and assist in access to case materials in a timely manner.

79.3.Translator and interpreter may ask questions to clarify the translation.

79.4.It is prohibited to act as a translator or interpreter for the case or other participants.

79.5.Translators and interpreters who deliberately mistranslate or misinterpreted, or refuse to translate without a justifiable reason, shall be subject to legal sanction.

Article 80.Court session

80.1.Administrative cases shall be adjudicated solely at court hearings, except for the cases specified in Articles 66-68 of this law.

80.2.If it is determined before the hearing that it is necessary to compile evidence, or the case participants, their representatives, or attorneys cannot appear at the court session due to a justifiable reason, the scheduled hearing may be adjourned for up to 14 days without discussing the situation in the hearing.

Article 81.Rights and obligations of the chair of a judicial panel

81.1.A court session shall be chaired by a judge appointed from the Judicial Council of that court.

81.2.The chair of the court session shall take necessary measures to conduct the proceedings in accordance with the law, establish the case situation completely and objectively from all sides, ensure the principles of exercising the rights and duties of the case and other participants and adversarial principle, and maintain the courtroom order.

Article 82.The general procedure of a court session

82.1.Every person in the courtroom is obliged to respect the court, obey the procedure established in the courtroom, and follow the decision of the chair of the judicial panel.

82.2.A participant in a court session shall rise from his/her seat when giving a statement, testimony, or opinion. If he/she is unable to rise from the seat due to a justifiable reason, he/she may speak from the seat with the permission of the chair.

82.3.All people in the courtroom shall rise from their seats when the judge and judicial panel enter the courtroom, or when the court decision is handed down.

82.4.The chair of the judicial panel shall warn the person who violates the procedure of the court session for the first violation. The person who violates twice shall be removed from the courtroom by the decision of the chair of the judicial panel and shall be punished according to Article 83 of this law.

82.5.In the event that a case participant or other participant is removed from the courtroom due to a violation, the court session may be adjourned for a certain period by the judge order or judicial panel decision, or if it is considered that the case can be adjudicated without hearing his/her statement, testimony, or opinion, the chair of the judicial panel shall continue the proceedings in the absence and shall introduce the matters discussed during his/her absence.

Article 83.Punishment

83.1.If a violation punishable by law is presented at a court session, the judge adjudicating the case shall issue an ordinance or the court shall issue a judicial panel decision imposing a fine on the violator.

/The amendment to this paragraph was made according to the law as of 18 May 2017/

83.2.In cases other than those specified in Article 83.1 of this law, the matters of imposing a fine shall be decided by summoning the violator. His/her non-appearance without a justifiable reason shall not prevent the ordinance.

Article 84.Recusing grounds

84.1.If there are any of the following reasons, the judge shall not participate in the proceedings and shall be obliged to recuse himself:

84.1.1.previously participated in the adjudication of the case as a case participant or other participant;

84.1.2.a participant of the case or court session is a family member or relative, or there are people who have family or relative relationship in the judicial panel;

84.1.3.has a personal relationship with the case participant, or if there is reasonable doubt on whether the case can be adjudicated fairly;

84.1.4.the judge who was involved in the case proceedings of the first, appellate, or cassation instance court has to adjudicate the same case at a different level of procedure;

84.1.5.there is a situation where a conflict of interest may arise;

84.1.6.the judge who was involved in the case proceedings of the first or appellate procedure has to adjudicate the same case at the same level of procedure.

84.2.A judge shall not be recused on grounds other than those specified in Article 84.1 of this law.

84.3.Articles 84.1.1-84.1.3 and 84.1.5 of this law shall be applied equally to translator, interpreter, citizens' representative, and court clerk.

/This paragraph was amended according to the law as of December 23, 2022/

84.4.If there is a ground for recuse as specified in Article 84.1 of this law, the judge, citizens' representative, expert, translator, interpreter, the court clerk shall notify in writing before the court hearing; or if the ground for refusal becomes apparent during the court hearing, he/she shall notify in writing, reflect it on the minutes and recuse.

84.5.The expert shall refuse to submit a conclusion in the cases specified in Article 19.1 of the Law on Forensic Analysis.

/This paragraph was modified according to the law as of December 23, 2023/

Article 85.Procedures for deciding a request for disqualification

85.1.The case participants, their representative, or attorneys may submit a request to disqualify a judge, citizens' representative, expert, translator, interpreter, or court clerk based on the grounds specified in Article 84.1 of this law, and in this case, the statement of the disqualified person may be heard.

85.2.The judge shall decide the request for disqualification by an order and the judicial panel shall issue a judicial panel decision.

85.3.The matter of disqualification of a judge shall be decided by other judges without his/her presence, and if there is a tie, the judge shall be deemed to have been disqualified.

85.4.The chief judge of the court shall decide on the request to disqualify several judges, a sole judge or the judicial panel who adjudicates the case.

85.5.The request to disqualify a citizens' representative, expert, translator, interpreter and court clerk shall be decided by the judge and the judicial panel adjudicating the case.

85.6.If the chief judge during the sole adjudication or all the judges of the court was disqualified, the Judge Council shall decide by majority vote.

85.7.It is prohibited to submit a request to disqualify a judge in connection with his/her resolved matters during the case proceedings.

Article 86.Consequence of disqualification

86.1.If the request to disqualify and remove a judge or judicial panel has acceded, the case shall be adjudicated by another judge or judicial panel.

86.2.If all the judges of the court are disqualified, or if all the judges are no longer able to participate in the proceedings based on the law, the Chief Judge of the court shall transfer the case to another first-instance administrative court for adjudication.

/The amendment to this paragraph was made according to the law as of May 13, 2016/

86.3.If a case is transferred in accordance with Article 86.2 of this law, the judge of that court shall receive and adjudicate the case according to the schedule determined by the Judge Council of that court.

86.4.If the request to disqualify and remove a citizens' representative, expert, translator, interpreter, or court clerk has acceded, another participant shall be included.

Article 87.Issuing the decision in the deliberation room and voting

87.1.An administrative court shall issue its decision in the deliberation room in accordance with Articles 16.1.6 and 22.6 of the Law on Courts of Mongolia.

/This paragraph was modified according to the law as of January 15, 2021/

87.2.The opinion of the judge, on deciding the case, in the deliberation room shall be confidential.

87.3.The judicial panel shall decide each matter by majority vote.

87.4.The chair of the judicial panel shall present his/her opinion after the other judges in the panel.

87.5.The judge has no right to refuse to vote in the deliberation room.

Article 88.Minutes of the court hearing

88.1.Date and time the session was held, the starting and ending time, the judge, the judicial panel, the family and full names and addresses of the participants in the court session, appearance and the explanation of their rights and obligations, the statements by the court session participants, the testimony of witnesses, analysis of evidence, questioning and clarification of the case by the judge and judicial panel, a brief of special opinion, the contents of court decision, period and procedure for lodging an appeal shall be written in the minutes of the court session.

88.2.The court session shall be recorded by audio-video recording. This provision does not apply to preliminary hearings.

88.3.The minutes shall be prepared within a week after the end of the court session, and it shall be signed by the chair of the court session and the court clerk.

88.4.The case participants, their representatives and attorneys may have access to the minutes of the court session. The judge shall decide on a suggestion related to the minutes.

88.5.If the minutes of the court session are incorrect or incomplete, the judge or the judicial panel, on their own initiative or at the request of the participant of the court session, shall make corrections within three days, reflect this in the minutes, and confirm it with the signature of the chair of the court session.

chapter ten

COURTROOM PROTOCOL OF A FIRST INSTANCE COURT SESSION,

COURT DECISION

Article 89.Opening of the court session

89.1.The chair shall open the court session, announce the case to be heard, and allow the people in the courtroom to sit.

Article 90.The appearance of the court session, checking the authorization to participate

90.1.The court clerk shall register the appearance of the court session and inform the chair of the session whether the absent participants have been notified of the date of the court session and the reason for their non-appearance.

90.2.The court shall get introduced each case participant and other participants and check the authorization of representation and attorney.

Article 91.The consequence of the nonappearance of the case participants, their representatives and attorneys, and the citizens' representative

91.1.If the plaintiff submits a written request to the court to conduct the hearing in the absence of itself, or its representative or attorney, the case may be adjudicated without their participation.

91.2.If the plaintiff, its representative or attorney does not appear at the court session without a justifiable reason, the court may decide the case upon the defendant's request if it considers that sufficient evidence has been compiled.

91.3.If the court deems that the appearance of the person specified in Article 91.2 of this law is mandatory, the court session shall be adjourned and summoned again, and if the person does not appear for the second time, the claim shall be returned.

91.4.If the defendant, a third party, their representative, or their attorney does not appear at the court session without a justifiable reason, and the plaintiff requests to adjudicate the case in their absence, the court may adjudicate the case based on the evidence compiled in the case.

91.5.The court may adjudicate the case, considering the evidence compiled in the case and other circumstances, even if no request has been issued to adjudicate the case in the absence of the case participants, their representatives, and attorneys as provided in Articles 91.2 and 91.4 of this law. In doing so, the statements given earlier by the case participants, their representatives, and attorneys shall be considered the same as those given at the court session.

91.6.If neither of the case participants, their representatives, or their attorneys are present at the court session, the court may decide the case in accordance with Article 91.5 of this law.

91.7.If the citizens' representative does not appear at the court hearing without a justifiable reason despite being notified in accordance with Article 71.1 of this law, the court session may be held in his/her absence with the consent of the case participants. However, if one of the case participants does not consent, the court session shall be adjourned.

Article 92.Explanations of the duties of a translator and interpreter

92.1.The chair of the court session shall remind the translator and interpreter of their duties and responsibilities for incorrect translation and interpretation, and shall document this.

Article 93.Excluding a witness

93.1.The witness summoned to the court session shall be temporarily excluded from the courtroom.

93.2.The chair of the court session shall take necessary measures to prevent witnesses from communicating with each other.

Article 94.Announcing the judicial panel and explaining the right to disqualify and remove them

94.1.The chair of the court session shall announce the judicial panel, introduce the expert, translator, interpreter, and court clerk, and shall explain the right to disqualify and remove them.

94.2.A disqualification request shall be decided in accordance with Article 85 of this law.

Article 95.Explaining the rights and duties to the case participants and their representatives

/The title of this article was amended according to the law as of October 19, 2019/

95.1.The chair of the court session shall explain the rights and duties provided by law to the case and other participants.

Article 96.Deciding a request by the case participants, their representatives and attorneys

96.1.A requests made by the case participants, their representatives, and attorneys regarding the compilation of new evidence and other matters related to the case proceedings shall be decided immediately by the judge and judicial panel after hearing the opinions of the other participants. The matters decided by the preliminary hearings shall not be requested again at the court session.

96.2.If it is deemed that additional evidence is inevitably required during the court session, or if it is deemed necessary to involve a participant who did not appear in the court session, the court session may be adjourned for up to 14 days.

96.3.If new evidence is deemed necessary during the court session, the court session may be adjourned for up to 30 days.

Article 97.Commencing the hearing of the case

97.1.The case hearing commences with the judge introducing the case.

97.2.The chair shall ask whether the plaintiff supports its claim, whether the defendant admits the claim, and whether there is a will to settle.

Article 98.Oral hearing of the case participants, their representatives and attorneys

98.1.Prior to the statements by the case participant, their representatives, and attorneys, the chair of the court session shall remind them in advance of their rights and duties and they shall give a true and correct statement.

98.2.The oral hearing shall be held by proving and objecting to the claim, its grounds, the facts of the dispute, and the grounds of the administrative action.

98.3.If the case participants, their representatives, and attorneys have submitted a written statement in advance, they can introduce those statements at the court hearing.

Article 99.The order to analyze the evidence

99.1.The chair of the court session shall determine the order of testifying by a witness and expert, studying and inspecting compiled written and physical evidence, and analyzing other evidence.

Article 100.Hearing witness testimony

100.1.The chair of the court session shall allow the witness to enter the courtroom, remind him of his/her duties and responsibilities in advance, and document them.

100.2.Two or more witnesses shall be questioned separately. A witness who has not yet begun to testify may not be in the courtroom during the proceedings. If the chair of the court session does not allow the witness to leave, the witness shall remain in the courtroom until the end of the hearing.

100.3.When taking testimony from a minor witness, a parent, custodian, guardian, or educator shall be present.

100.4.When the court hears the testimony of a minor witness, the participant who may influence him/her may be temporarily removed from the courtroom, and when the person who has left the courtroom returns to the courtroom, the testimony of the minor witness shall be presented to him/her, and he/she shall be given the opportunity to ask questions.

100.5.After hearing the testimony of a minor witness, he/she shall be removed from the courtroom.

100.6.The judge may take the testimony from the witness in advance or ask him/her repeatedly.

Article 101.Analyzing written, digital and physical evidence

101.1.The court shall study the physical evidence and documents compiled in the case, and if necessary, at the request of the case participants, their representatives, attorneys, witness, and expert, the written and digital evidence shall be read and heard at the court hearing, and the physical evidence shall be introduced.

101.2.Documents related to state and official secrets, organizational secrets, and personal sensitive information shall not be presented during the proceedings. In order to protect correspondence information, personal letters and writings may be read out in open court with the consent of the person concerned. If permission is not obtained, the reading and analysis of personal letters and writings shall be conducted in closed court.

/This paragraph was amended according to the law as of December 17, 2021/

101.3.A person who finds out that a written or digital document in the case is false shall submit a request to the court to exclude the document from evidence. The person who claims that the written document is false has the responsibility to prove it. In order to verify the authenticity of written and digital documents, the court may require an examination and other evidence.

101.4.If it is found that a written or digital document is falsified, the court shall exclude it from the evidence, and the case participants, their representatives and attorneys may, if necessary, file a complaint with the competent authority about the falsified document.

Article 102.Hearing expert conclusion

102.1.The expert's conclusion shall be read and heard at the court session.

102.2.If the expert is participating in the court session, he/she shall explain his/her conclusion. Thereafter, the expert may be questioned.

102.3.If the expert's conclusion is incomplete or may new situation arises related to the issue being analyzed, or groundless or whether it is ground ably, additional or re-analysis may conduct as specified in Articles 27 and 28 of the Law on Forensic Analysis. 

/This paragraph was modified according to the law as of December 23, 2022/

Article 103.Further clarification from the case participants

103.1.After analyzing the evidence, the chair of the court session shall ask the case participants, their representatives, and attorneys if there is anything to clarify further.

Article 104.Opinion of the citizens' representative

104.1.The citizens' representative shall issue a written opinion on the facts of the dispute. If it is not possible to issue a written opinion due to health or other justifiable reasons, this reason shall be recorded in the minutes of the court session and the opinion may be presented in oral.

104.2.The opinion of the citizens' representative shall be read and heard at the court session.

Article 105.Court session recess

105.1.The chair of the court session shall announce that the court session is in recess, and the judicial panel enters the deliberation room to issue its decision.

105.2.During the recess of the court session, the case participants, their representatives and attorneys are prohibited from leaving the court session.

Article 106.Court decision and its issuance

106.1.The court of the first instance shall issue its decision in the name of Mongolia.

106.2.The decision shall be lawful and well-grounded.

106.3.The court of the first instance shall review the administrative case in a court session and issue the following decision:

106.3.1.to annul the administrative act or administrative contract if it is found unlawful and the plaintiff's rights and legal interests are violated due to it;

106.3.2.to determine the administrative act or administrative contract is clearly unlawful;

106.3.3.to determine the disputed act was unlawful if after lodging a claim for annulment of an administrative act and the act was canceled or annulled, or it was implemented in another way, and there is an interest of the plaintiff;

106.3.4.to order the administrative body to issue the necessary administrative act or to determine the unlawful omission if the decision to refuse to issue an administrative act or the omission of non-issuance is unlawful and the right and legal interest of the plaintiff is violated because of it;

106.3.5.to establish whether there is a legal relationship and to confirm it;

106.3.6.to reduce the amount of fee on the administrative act which establishes fee rate;

106.3.7.to award for the damages or to change the amount of damages caused to a natural person and legal entity due to illegal activity by an administrative agency;

106.3.8.to annul or establish an administrative normative act is invalid if it is unlawful and the plaintiff's right and legal interest have been violated or may potentially be violated due to it;

106.3.9.to annul if it is found that the law has been violated or that it rendered unable to implement the public legal function for the claim lodged by an administrative agency;

106.3.10.to annul or determine clearly unlawful if the public interest has been violated or may potentially be violated due to unlawful administrative activity;

106.3.11.to suspend the administrative act for up to six months until a new act is issued by the administrative agency if the court deems it is necessary to clarify the condition of the case further, and if the scale of further clarification exceeds the court's analysis ability;

106.3.12.to satisfy the claims in full;

106.3.13.to satisfy a part of the claims and dismiss the rest;

106.3.14.to dismiss the entire claim.

106.4.The court decision shall be based on the evidence taken in the case and discussed at the court session.

106.5.The court shall not make judgments or issue decisions on matters that are beyond the scope of the claim or that are not disputed by the case participants.

106.6.If it is determined that there is damage incurred by the plaintiff due to the administrative action, it shall be compensated, and if there is a dispute about the amount of the damage and is not claimed jointly, it shall be resolved by a civil court.

106.7.The court shall examine if the administrative agency violated a law in issuing an administrative act or refusal, or omission by exceeding the legal limits, erroneously applying it, or using the authority granted to it in a way that does not comply with the purpose when choosing from options.

106.8.The judges or members of the judicial panel shall sign the court decision, and the judge has no right to refuse to sign.

Article 107.The contents of the court decision

107.1.A court decision consists of an introduction, background, foundation, and determination part.

107.2.In the introduction part, when, where, and which court issues the court decision, the name of the judge, the judicial panel, and the participants in the court session shall be indicated.

107.3.In the background part, the contents of the claim, the statements of the defendant, third party, their representatives, attorneys, and the opinion of citizens' representative shall be reflected.

107.4.In the foundation part, the evaluation of the evidence in the case and discussed at the court session, the legal ground of the administrative act, the statements given to it, the norms that are the ground of the court decision, and how they were interpreted and applied to the case fact shall be reflected.

107.5.In the determination part, the title, article, part, and articles of the law applied in the adjudicating of the case shall be specified, and whether the claim and counterclaim filed in the court are satisfied, or some parts are satisfied and others are dismissed, the claim is dismissed in full, as well as the distribution of court expenses and stamp duty to be reimbursed, handling of physical evidence, and if several plaintiffs and defendants are involved in the case, what rights and obligations each plaintiff and defendant shall be reflected. The method, procedure, and period of decision implementation, as the procedure and period for appealing the decision shall be indicated.

107.6.If the decision provided in Article 106.3.11 of this law has been issued and the administrative agency has not issued a new act within the period determined by the court, the annulment of the disputed act shall be included in the determination part.

107.7.The determination part provided in Article 107.5 of this law shall be in the form of ordering.

Article 108.Handing down a court decision and the decision becomes effective

108.1.The chair of the court session shall close the court session by introducing the contents of the determination part of the court decision and explaining other necessary matters.

108.2.The court decision becomes effective after being handed down and heard.

108.3.Within 14 days from the date the court decision becomes effective, the contents of the decision shall be written in full in accordance with Article 107 of this law and shall be signed by the judge and the judicial panel.

108.4.The case participants, their representatives, and attorneys who participated in the court session shall appear at the court within 14 days after the expiry of the period specified in Article 108.3 of this law and receive the court decision themselves.

108.5.Failure to receive the court decision within the period specified in Article 108.4 of this law does not prevent the counting of the period for lodging a complaint in accordance with the procedure provided by law.

108.6.If the case is adjudicated without the participation of the case participants, their representatives, or attorneys, the court decision shall be delivered to them within the period specified in Article 108.4 of this law, and if it cannot be delivered, or if they do not appear and receive the court decision in accordance with Article 108.4 of this law, the court shall deliver the court decision within a week after the expiration of that period to the residential /office/ or work address of the participant's by certified mail or by court staff.

108.7.The delivery in accordance with Article 108.6 of this law shall be deemed to have been received, and the procedure provided in Article 59.7 of this law shall be followed when delivering the court decision.

108.8.Section 108.5 of this law shall not apply if the period specified in section 108.4 of this law has passed due to the wrongful action of the court. In this case, the decision shall be delivered in accordance with the procedure specified in Article 108.6 of this law, and the period shall be counted in accordance with Article 108.6 of this law.

Article 109.Other decisions by the court

109.1.If the reasons and circumstances specified in Articles 66-68 of this law are found during the hearing of the administrative case, the judge and the judicial panel shall approve that the plaintiff has withdrawn its claim, or the defendant has admitted the claim, or the plaintiff and the defendant have settled, and the case shall be dismissed.

109.2.If the grounds specified in Article 54.1 of this law are established during the case adjudication or during the court session, the judge and judicial panel shall dismiss the case and refuse to receive the claim.

Article 110.Court decision becomes legally effective

110.1.The decision of the court of a first instance becomes legally effective in the following cases:

110.1.1.did not appeal within the period specified in Article 114.1 of this law;

110.1.2.lodged an appeal, and after adjudicating the appeal in the appellate procedure, no appeal was lodged on the cassation procedure for the decision made in accordance with Article 119.2 of this law; or an appeal was lodged, but a judicial panel decision was made to refuse to discuss the complaint at the hearing of the cassation instance;

/This sub-paragraph was added according to the law as of January 15, 2021/

110.1.3.appealed the judgment of the appellate court through the cassation procedure, and after reviewing the appeal, the cassation instance court issued a judicial panel decision as specified in Articles 127.2.1-127.2.3 of this law.

110.2.The case participants, their representatives, and attorneys, as well as the successor of the rights have no right to lodge a claim with a court again regarding the dispute that has already been adjudicated by the court, or to argue about the facts, legal relations, or other proceedings already determined by the court.

Article 111.Judge orders and judicial panel decisions issued during the case proceedings, annulling and changing them

111.1.A judge shall issue an order and a court shall issue a judicial panel decision on matters that are being resolved during the proceedings, except for the decision provided for in Article 106 of this law.

111.2.The judge order and judicial panel decision shall be issued in writing within three working days on matters that are the subject of a complaint as provided in law and are being adjudicated outside of the court session.

111.3. If a judge order or judicial panel decision issued in accordance with Article 111.1 of this law is clearly groundless, the judge or judicial panel that issued the order or decision may annul or change it.

chapter eleven

SPECIAL PROCEDURES

Article 112.Disputes for special procedures

112.1.The following types of disputes shall be adjudicated by the appellate instance court in the first instance procedure:

112.1.1.disputes related to an administrative normative act applicable at the level of the country or at the level of two or more administrative and territorial units;

112.1.2.disputes between Aimags, or between Aimag and the capital;

112.1.3.unless otherwise provided by law, disputes over the election of the State Great Khural and the President of Mongolia;

112.1.4.disputes specified in Articles 7.7 and 37.1 of the Law on Advocacy;

/This sub-paragraph was added according to the law as of October 18, 2019/

112.1.5.disputes related to decisions made by the Government and Bank of Mongolia;

/This sub-paragraph was added according to the law as of December 23, 2022/

112.1.6.other disputes provided by law.

/The numbering of this sub-paragraph was amended according to the law as of October 18, 2019/

/The number of this sub-paragraph was amended according to the law as of December 23, 2022/

112.2.Disputes specified in Article 112.1.3 of this law shall be adjudicated by the court within 30 days, and the period may be extended once by up to 10 days.

112.3.Dispute specified in Article 112.1 and except for those specified in Article 112.2 of this law, the normal period of case proceedings shall apply.

112.4.The court of the first instance shall adjudicate the following disputes within 30 days:

112.4.1.unless otherwise provided by law, disputes over elections of the Citizens' Representative Khural of Aimags, Soums, the capital, and districts;

/This sub-paragraph was amended according to the law as of April 22, 2022/

112.4.2.disputes related to the purchase of goods, works and services with state and local property funds.

112.4.3.the cases and disputes arising from complaints specifically provided by law.

/This sub-paragraph was added according to the law as of May 18, 2017/

112.5.The period for adjudicating disputes specified in Articles 112.4.1 and 112.4.3 of this law may be extended once by up to 10 days.

/The amendment to this paragraph was made according to the law as of May 18, 2017/

112.6.If the court deems it necessary to compile additional evidence, the period for adjudicating the dispute specified in Article 112.4.2 of this law may be extended once by up to 30 days.

112.7.The defendant shall submit its statement of defense and evidence to the court within one week after receiving the dispute claim specified in Articles 112.1.3, 112.4.1, and 112.4.2 of this law.

112.8.The defendant shall submit a statement of defense within seven days after receiving the complaint specified in Article 112.4.3 of this law.

/This paragraph was added according to the law as of May 18, 2017/

112.9.The court shall not compile additional evidence during the complaint processing.

/This paragraph was added according to the law as of May 18, 2017/

/According to Opinion No. 15 of the Constitutional Court dated November 21, 2018, "The court shall not compile additional evidence during the complaint processing" was established unconstitutional and the opinion was accepted by Resolution No. 88 of the State Great Khural of Mongolia dated December 6, 2018/

/This paragraph was invalidated according to the law as of April 18, 2019/

Article 113.Court decisions by special procedures

113.1.The court decision issued after adjudicating the dispute specified in Articles 112.1.3 and 112.4 of this law shall be made in full in writing within five days, signed by the judge and the members of the judicial panel, and received by the case participants, their representatives, and attorneys.

113.2.Within five days after receiving the court decision specified in Article 113.1 of this law, it has the right to lodge an appeal.

113.3.A complaint specified in Article 113.2 of this law shall be adjudicated within 21 days after receiving it.

113.4.For disputes specified in Articles 112.1.1 and 112.1.2 of this law, the normal period of case proceedings provided in this law shall apply.

113.5.The period specified in Articles 113.1-113.3 of this law shall be applied for lodging appeals in the cassation procedure against the judgment of the Administrative Appellate court issued after adjudicating the disputes specified in Articles 112.1.3 and 112.4 of this law.

/This paragraph was added according to the law as of May 18, 2017/

113.6.The court shall adjudicate the dispute specified in Article 112.1.4 of this law and issue an appellate court judgment as follows:

/This paragraph was added according to the law as of October 18, 2019/

113.6.1.to uphold the decision and leave the claim unsatisfied;

113.6.2.to annul the decision and satisfy the claim;

113.6.3.to annul the decision and return the dispute to the agency and officer who made the decision for re-examination.

chapter twelve

CASE PROCEEDINGS OF THE APPELLATE PROCEDURE

Article 114.Lodging an appeal and receiving an appeal

114.1.Unless otherwise provided by law, the case participants, their representatives, and attorneys shall have the right to lodge an appeal with the appellate court within 14 days after receiving the court decision which was issued after adjudicating in the first-instance case proceeding.

114.2.The appeal shall be lodged through the court that made the decision.

114.3.New evidence that is not discussed by the first instance court shall not be indicated in the grounds of appeal.

114.4.The court that decided the case shall receive the appeal and present it to the case participants, their representatives and attorneys, and their statements may be enclosed to the case.

114.5.The court referred to in Article 114.2 of this law shall enclose the statements made by the case participants, their representatives, and attorneys to the appeal, and deliver it with the case to the appellate court within three days from the receipt in the capital and seven days for local territory.

114.6.If a case participant, their representative, or attorney has exceeded the period specified in Article 114.1 of this law for a justifiable reason, they shall file a request for restitution with the relevant evidence to the first instance court. The judge shall decide whether to satisfy the request after reviewing the documents enclosed to it by issuing an order.

114.7.Unless otherwise provided by the law, the appellate court shall follow the procedures specified in this law in lodging a complaint and receiving a complaint that has specific jurisdiction by law.

Article 115.Form and the contents of an appeal

115.1.Appeals shall be lodged in writing.

115.2.The following shall be included in the appeal:

115.2.1.to which court the appeal is lodged;

115.2.2.family name, father's/mother's name, first name, residential address and e-mail address of the complainant, if the complainant is a legal entity, its name, address, e-mail address, office address, phone number and fax number;

115.2.3.against which court decision is being appealed;

115.2.4.disagrees with the entire court decision, or disagrees with what ground or article;

115.2.5.claim of appeal.

115.3.If the appeal is lodged by the person who complained or a legal entity, the authorized person or officer representing the agency shall sign and seal the appeal.

115.4.The appellant shall pay the stamp duty in advance in accordance with the procedure specified in Article 48 of this law, enclose the documents to the appeal, and copy the present it according to the number of case participants.

115.5.The court shall return the appeal lodged by the person who does not have the right to lodge an appeal.

Article 116.Withdraw the appeal

116.1.The appellant has the right to withdraw its appeal at any stage of the proceedings before the judicial panel enters the deliberation room.

116.2.If the appellant withdraws its complaint before the court session, it shall be considered not to have lodged an appeal, and the judge shall issue an order; but it withdraws during the court session, the case proceedings shall be dismissed, and the court shall issue a judicial panel decision. In this case, the stamp duty will be refunded.

116.3.If the conditions specified in Articles 66-68 of this law are discovered before the court session, the judge shall issue an order, or if it is discovered during the case proceedings at the court session the court shall issue a judicial panel decision and annul the decision of the first instance court, approve that the plaintiff has withdrawn its claim, or the defendant has admitted the claim, or the plaintiff and the defendant have settled, and the case shall be dismissed.

Article 117.Participating in a court session

117.1.The court of appeal is responsible for notifying the case participants, their representatives, and attorneys when and where the appellate instance court session will be held, and ensuring their right to participate in the court session.

117.2.Being notified of the court session schedule pursuant to Article 117.1 of this law notwithstanding, nonappearance at the court session shall not prevent the appellate instance case proceedings.

Article 118.Case proceedings of appellate procedure

118.1.The appellate court shall adjudicate the case within 30 days of receiving the appeal.

118.2.A judge appointed from the Judge Council shall preside over the hearing of the appellate instance court proceedings.

118.3.The appellate court shall review the decision of the first instance court within the scope of the appeal; and if two or more case participants have lodged an appeal, or if they have lodged an appeal on behalf of the public interest, the case shall be reviewed entirely.

118.4.If a violation of procedural rules has affected the issuance of the court decision, it shall not be limited by the appeal

118.5.At the court session of the appellate instance proceedings, the judge who received and conducted the case proceedings shall report and introduce the case.

118.6.The order of the court session shall be governed by the procedures specified in Articles 89, 90, 94, and 96.1 of this law until the speaker judge introduces the case.

118.7.The speaker judge shall introduce the contents of the claim and the decision of the first instance court, and the grounds of the appeal; and if the judicial panel shall ask questions and clarify from the case participants, their representatives, or attorneys if deems it necessary after hearing the statements regarding the appeal by the appellant, other case participants, their representatives, or attorneys, then the additional statements shall be heard, and the court session shall be in recess, and the judicial panel shall enter the deliberation room.

Article 119.Appellate court judgment

119.1.In the judgment of the court adjudicated the case in the appellate procedure, the contents of the decision of the first instance court and the appeal, the judgment of the appellate instance court and its grounds shall be written.

119.2.The court adjudicated the case in the appellate procedure shall issue one of the decisions to uphold, change or annul the decision of the first instance court.

119.3.The appellate court judgment becomes effective after being handed down and heard by the court session participants.

119.4.Within 14 days from the date the appellate court judgment becomes effective, the contents of the judgment shall be written in full and shall be signed by the judicial panel. The case participants, their representatives, and attorneys shall receive the judgment as provided in Article 108.4 of this law, or the court shall deliver it as provided in Article 108.6 of this law.

119.5.The case participants, their representatives, and attorneys may lodge an appeal in the cassation instance within 14 days after receiving or being delivered the appellate court judgment as provided in Article 119.4 of this law, on the grounds specified in Article 123.2 of this law.

119.6.If the period specified in Article 119.5 of this law is exceeded for a justifiable reason, a request for restitution of the period shall be submitted to the court of the first instance, and the judge shall issue an order to decide whether to satisfy the request by issuing an order.

Article 120.Upholding or changing the first instance court decision

120.1.If the court adjudicated the case at the appellate procedure decides that the decision of the first instance court is legally well-grounded, the decision shall be upheld.

120.2.The court adjudicated the case in the appellate procedure shall state the legal grounds for why it deems the decision of the first instance court is correct.