(2022-12-18-ны өдрийн орчуулга)                                                     Unofficial translation

LAW OF MONGOLIA

January 15, 2021                                                                                       Ulaanbaatar city

ON COURTS OF MONGOLIA

/Revised edition/

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this Law is to regulate relations related to ensuring the judicial system, organizational structure and operation of the Mongolian court, conditions and requirements for judges, the powers and legal status of judges, conditions and requirements for judges, powers and legal status of judges, impartiality of judges, and independence of the courts, defining the legal status of court representatives, and establishing the powers, organizational structure, operational procedures of the General Council of the Courts and the Judicial Disciplinary Committee.

Article 2.Legislation on courts of Mongolia

2.1.The legislation on courts of Mongolia is comprised of the Constitution of Mongolia, this Law, and other legislative acts enacted in conformity with them.

Article 3.Definitions of terms of the Law

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

3.1.1."Specialized court" means courts established on specialized task areas of judicial proceedings, such as criminal, civil and/or administrative matters;

3.1.2."Statement of influence" means a certified document evidencing an attempt by a person to influence judges or court panel in the process of handling a case or dispute;

3.1.3."Judge" means a citizen of Mongolia, appointed in accordance with the grounds and procedures stated in the law, who has taken the oath of a judge and exercises judicial power;

3.1.4."Court" means a judge or court panel established in accordance with the Constitution of Mongolia and this Law in order to adjudicate cases or disputes, and to render decisions with a binding force.

Article 4.Mission of the court

4.1.Courts shall have the following mission:

4.1.1.to maintain, strengthen, and protect the independence and sovereignty of Mongolia, and the Constitutional order and its institutional structure;

4.1.2.to protect human rights and freedoms, and/or to restore violated rights;

4.1.3.to rule of law and strengthen justice;

4.1.4.to ensure the civil right to a fair trial.

CHAPTER TWO

PRINCIPLES TO EXERCISE JUDICIAL POWER

Article 5.Court's independence and judge's impartiality

5.1.The court shall exercise judicial power independently of any person.

5.2.It shall be prohibited to issue laws and normative acts that undermine the judge's impartiality and the court's independence.

5.3.Judges of all instances of courts and the Chief justice when exercising their powers, it shall be prohibited from interfering with the judge's impartiality such as interfering to the judicial proceedings of other judges, giving instructions and providing guidelines concerning specific cases or disputes, and assigning specific cases and disputes by specifically naming the judge.

5.4.It shall be prohibited to court receive donations and financial assistance, except assets, loans, assistance to be supplied in accordance with the international treaties of Mongolia, and international and humanitarian aid projects, and programs.

5.5.The number of judges in the courts of all instances shall be adequate to ensure the impartiality of judges and independence of the courts, and for exercising the judicial power.

5.6.The court shall have an independent budget, and the state shall provide the conditions for its continuous operation. It is forbidden to reduce the amount of running costs in the court budget from the previous year's cost, except for budget savings.

5.7.The budget of the court shall consist of the budgets of the Supreme court, aimag and capital city courts, soum or inter-soum courts, specialized courts, Judicial General Council /hereinafter referred as "General Council"/, and Disciplinary Committee of the Courts /hereinafter referred as "Disciplinary Committee"/.

5.8.An administrative organization with the main functions of carrying out normal and continuous court activities, providing support, ensuring safety, and maintaining research and information shall exist, and relations related to its legal status will be regulated by this Law.

5.9.The courts shall have their own premises, and court, court administration premises shall be under State protection.

5.10.It shall be prohibited for activities other than the exercise of judicial power to take place at the court premises.

5.11.The judiciary power shall have a development policy which to be developed by the General Council in accordance with the law and deliver to the State Great Khural in consultation with the Supreme Court and the government.

Article 6.Court is subject only to the rule of law and governed by the law

6.1.The rule of law is the main principle for the organization and operations of the judiciary.

6.2.Relations concerning the adjudication of cases and disputes at courts shall be regulated by a separate law.

6.3.The court adjudication of cases and disputes shall apply the Constitution of Mongolia, laws issued in accordance with it, and published officially, international treaties of Mongolia.

6.4.If a court deems that the law or international treaty of Mongolia used in court adjudication proceedings of the case or dispute is incompatible with or contrary to the Constitution of Mongolia, it shall suspend the adjudication proceedings of the case or dispute and submit its opinion regarding such law or the international treaty of Mongolia to the Supreme Court.

Article 7.Equality before the law and the courts

7.1.In Mongolia, everyone regardless of race, ethnicity, language, race, age, gender, social origin, status, wealth, occupation, position, religion, opinion, education, other status, and the form and type of ownership of a legal entity shall be equal before the law and court.

Article 8.Adversarial Principle

8.1.Court proceedings shall be conducted on the basis of the adversarial principle.

8.2.Defendant, victim, claimant, respondent, their representative, attorney, prosecutor, and other participants shall be provided equal opportunities to exercise their right to an adversary in court hearings.

8.3.The procedure for adversarial procedure during the court hearings shall be regulated by the relevant legislation for the adjudication of cases and disputes.

Article 9.Presumption of innocence

9.1.Anyone shall be presumed innocent until after proven guilty by the court.

Article 10.Participation of citizens in court activities

10.1.The courts of first instances shall have citizens' representatives to be participated in the joint adjudication of cases and disputes in order to ensure transparency, justice, and public oversight pursuant to the procedures stipulated in the law.

Article 11.The language for conducting court proceedings

11.1.Court proceedings shall be conducted in the Mongolian language.

11.2.A person who does not know the Mongolian language, or has limited ability to express his rights and legal interests due to visual, hearing, or speech difficulties, shall be provided with the right to receive the help of an interpreter or translator using his native language or well-known language, writing, gestures, and special symbols.

Article 12.Openness, transparency of court operations

12.1.Court proceedings shall be open and transparent to the general public.

12.2.Except as specifically provided by law, the court hearings shall be conducted openly.

12.3.Unless otherwise stated by law, audio and video recordings of court hearings shall be documented and archived in accordance with appropriate procedures.

12.4.The court shall have its own website and shall regularly inform the public about its decisions and activities.

12.5.The court shall inform the public of their decision on cases and disputes except for the information related to secrets protected by the law of the state, official, organization and personals. The General Council shall approve the procedure for informing the public of court decisions.

/In this paragraph, the term "secrets protected by the law of the state, official, organization and personal" shall be amended according to "secrets and personal sensitive data protected by the Law on State and Official Secrets, the Law on Organization Secrets, and the Law on the Personal data protection" by the law as of December 17, 2021 and will be enforced from May 1, 2022/

12.6.Court hearings may be broadcasted electronically or on television, except for the cases of secrets protected by state and official, organization, personals and the General Council shall approve the relevant procedure thereof.

/In this paragraph, the term "secrets protected by the law of the state, official, organization and personals" shall be amended according "secrets and personal sensitive data protected by the Law on State and Official Secrets, the Law on Organization Secrets, and the Law on the Personal data protection" by the law as of December 17, 2021 and will be enforced from May 1, 2022/

CHAPTER THREE

JUDICIAL SYSTEM OF MONGOLIA

Article 13.Judicial system

13.1.The judicial power in Mongolia shall be exercised only by courts established in accordance with the Constitution of Mongolia and this Law.

13.2.The judicial system of Mongolia shall be independent in terms of organization and it shall consist of the Supreme Court, aimag, capital city courts, soum or inter-soum, and district courts.

13.3.The courts may be established specialized by the type of court proceedings, and the activities and decisions of the specialized court may not be beyond the control of the Supreme Court.

13.4.The first instance court and/or court of appeal may be established on a circuit basis. In addition to taking into account the provisions specified in Article 14.3 of this Law, the establishment of the court on the principle of the circuit shall be aimed at guaranteeing the right of citizens to access the court and making court services accessible to citizens.

Article 14.Establishment, modification, and dissolution of courts

14.1.Courts shall be established, modified, and dissolved only by law in accordance with the Constitution of Mongolia and the procedures stipulated in this Law.

14.2.The Government shall submit to the State Great Khural the establishment, modification, dissolution, and location of courts other than the Supreme Court based on the proposal of the General Council in consultation with the Supreme Court.

14.3.The establishment, modification, dissolution, and determining the location of the court, the size of the territory under its jurisdiction, population size, type and number of resolved cases and disputes shall be taken into account.

14.4.The General Council shall coordinate with the Supreme Court the approval of the criteria provided for in Articles 13.4 and 14.3 of this Law, which must be taken into account when developing questions of the establishment, modification, dissolution, and location of the court.

Article 15.Court composition

15.1.All instances of courts shall consist of a Chief Judge and a judge.

15.2.A Chief Judge of a respective court shall head that respective court.

15.3.The powers of the Chief judge, the head of the chamber, and the general powers of judges shall be regulated by this Law, and the specific powers of judges related to the execution of judicial proceedings shall be regulated by the law on court proceedings of cases and disputes.

15.4.In case of temporary absence or vacancy of the Chief Judge of the Supreme Court, until the appointment of the next Chief Judge, his official duties shall be performed by the head of the Chamber who has been serving as a judge for the longest period of time until the next Chief Judge of the Supreme Court is elected.

15.5.In the case of temporary absence or vacancy of the Chief Judge of a court other than the Supreme Court, his duties shall be performed by the head of the chamber or the judge who has been serving as a judge for the longest period of time until the next Chief Judge is elected.

15.6.A judge from first instance court and/or court of appeal can be appointed to work in a different court of the same level. Relations related to working on appointment shall be governed by the relevant law on court proceedings of cases and disputes.

Article 16.Common powers of the judge

16.1.The judge shall exercise the following powers:

16.1.1.to preside over court hearings;

16.1.2.to schedule court hearings and determine participants;

16.1.3.to organize the preparation of the court hearing in cooperation with the court administration;

16.1.4.to participate as court panel in court proceedings of cases and disputes;

16.1.5.to resolve cases and disputes on behalf of Mongolia, which are to be dealt with individually according to the law;

16.1.6.to independently make an opinion about the case that is being reviewed by a court panel, and to make a special opinion about the application of the law, submit it in writing and attach it to the case;

16.1.7.to participate in Assembly of All Judges specified in Article 20.1 of this Law;

16.1.8.to create conditions for conducting court proceedings in accordance with the order, procedure, and time prescribed by law, to take legal measures and impose punishments on participants and other persons who violate the order of court hearings;

16.1.9.to nominate their names to the Chief judge, the head of the camber, judges of appellate and supreme courts and to replace the Chief judge according to law;

16.1.10.to nominate their name for to be member of the General Council and Disciplinary Committee;

16.1.11.to engage in teaching and to conduct academic, research activities;

16.1.12other powers provided by the law.

16.2.The judge has the right to collect documents, other information and their copies necessary for processing cases and disputes from organizations, officials and citizens in accordance with the law on processing cases and disputes and such person shall be obliged to provide the documents and information required by the judge for free of charge.

16.3.The judge shall be obliged not to destroy the documents specified in Article 16.2 of this Law and to return the original documents.

Article 17.Powers of Chief judge

17.1.In addition to Article 16 of this Law, the Chief judge shall exercise the following powers:

17.1.1.to represent that court within its powers;

17.1.2.to announce, organize, convene, and chair the conference of judges specified in Article 19.1 of this Law, and organize enforcement of decisions of the meeting;

17.1.3.to officiate the decision on appointment of the head of court panel and members of court panel unless otherwise stated by law;

17.1.4.to supervise the response of the Court administration to petitions and complaints submitted on matters not related to the court proceedings;

17.1.5.to have the Conference of judges decided whether to grant short-term leave to judges as specified in sub-paragraph 72.1.10 of this Law, and grant the leave specified in the internal labor procedures on an individual basis;

17.1.6.to coordinate the work of the head of chamber;

17.1.7.on the basis of court proceedings practice and numerical data, to provide information to the Conference of judges on the quality and results of the trial, general management and control over the course of cases;

17.1.8.other powers provided by the law.

17.2.The Chief Judge shall not be privileged in the court proceedings.

17.3.The Chief Judge shall issue an order within his/her powers.

Article 18.Powers of the Head of the chamber

18.1.In addition to Article 16 of this Law, the Head of the chamber shall exercise the following powers:

18.1.1.to chair the chamber and coordinate the work of the chamber judge, assistants to judge, and a secretary of the court hearing in preparation for the court hearing;

18.1.2.to assist the court administration in processing petitions and complaints submitted by citizens and legal entities on matters not related to the court proceedings;

18.1.3.other rights provided by the law.

18.2.The Head of the chamber shall not be privileged in the court proceedings.

18.3.The Head of the chamber shall issue an order within his/her powers.

Article 19.Conference of Judges

19.1.Each court shall have the Conference of Judges (hereinafter referred to as "Conference"), consisting of all judges of the concerned court.

19.2.The Conference shall review and resolve the following issues:

19.2.1.to determine the organization and procedure of the internal work of the court, except for the court proceedings of specific cases and disputes, unless otherwise provided by law;

19.2.2.to determine the order of the presiding judge;

19.2.3.to submit the proposals for training for the qualification of judges to the Institute specified in Article 24.1 of this Law;

19.2.4.to elect the Chief Judge of the court from among the judges;

19.2.5.based on the conditions and requirements specified in paragraph 19.3 of this Law and the general procedure specified in sub-paragraph 20.2.4 of this Law, to approve detailed procedures for receiving and distributing cases, claims, complaints, and requests, and for appointing judges and court panels to review cases and disputes by drawing lottery;

19.2.6.to get acquainted with the information specified in sub-paragraph 17.1.7 of this Law;

19.2.7.other rights provided by the law.

19.3.The procedure specified in sub-paragraph 19.2.5 of this Law shall meet the conditions of random allocation of judges, which cannot be known in advance, and shall use program that meets the following requirements:

19.3.1.to make the distribution immediately after receiving court cases, claims, complaints, requests, have protection that cannot be changed without the decision of the Conference, and be able to directly provide the participant with the facts about when and how the distribution was made;

19.3.2.electronic distribution shall be changed only in the case of refusal permitted by the procedures specified in the law on proceeding, or in other conditions of replacing judges and court members, and the change shall be free from human influence, transparent and documented.

19.4.The procedures specified in sub-paragraph 19.2.5 of this Law shall be publicly available.

19.5.Conference shall be regular and extraordinary type, and regular Conference shall be convened at least once a quarter, and extraordinary Conference shall be convened on proposal by one-third of the judges of the court, or by the Chamber, or by the Chief Judge.

19.6.Judges shall be provided with equal opportunity to familiarize themselves with the issues to be discussed at the Conference, and to make suggestions, and participate in the session, and the decision-making process will be open, prompt and reasonable.

19.7.Conference shall determine the order of meeting by itself.

19.8.The Conference shall be considered valid with the participation of the majority of the judges of respective court and the issues specified in Article 19.2 of this Law shall be decided by the opinion of the majority of the judges participating in the Conference, and a resolution shall be issued.

Article 20.Assembly of All Judges

20.1.A meeting consisting of all judges of all levels of courts /hereinafter referred to as "Assembly of All Judges" shall be held every two years.

20.2.The following issues shall be resolved at the Assembly of All Judges:

20.2.1.to elect and dismiss a judge member of the General Council and Disciplinary Committee;

20.2.2.to submit proposal for improvement of the legislation to be followed within jurisdiction of the judiciary to the Supreme Court;

20.2.3.to hear reports on the activities of the General Council and the Disciplinary Committee;

20.2.4.to approve the general procedure for receiving and distributing cases, claims, complaints, and requests, as well as for appointing judges and court members by drawing lottery as specified in sub-paragraph 19.2.5 of this Law;

20.2.5.to discuss and make recommendations on other matters related to court activities.

20.3.Assembly of All Judges shall determine the order of meeting by itself.

20.4.An extraordinary meeting of Assembly of All Judges shall be convened by the Chief Judge of the Supreme Court, or one-third of the Chief Judges of other courts, or at least one-fifth of all judges.

20.5.The assembly shall be considered valid with the participation of the majority of all judges, and the issue shall be decided by the majority vote of the participants.

20.6.In the event that a judge is unable to attend the Assembly of All Judges in person, he/she shall be provided with the opportunity to vote electronically.

20.7.Candidates for members of the General Council and Disciplinary Committee shall be elected by secret ballot.

20.8.The decision of the Assembly of All Judges shall be in the form of a resolution.

20.9.The Assembly of All Judges shall be organized by the working group consisting of two members selected from Conference of the Supreme Court, one member selected from each of the Conferences of capital's criminal, civil and administrative appeal courts, two judges who have served as judges from the district court for the longest period of time, and two members selected from the General Council /hereinafter referred to as "Working Group"/.

20.10.The working group shall work until the completion of the Assembly of All Judges, and the leader shall be elected from among themselves by secret ballot. The administration of the General Council shall assist the Working Group in organizing the Assembly of All Judges and shall be responsible for archiving the documents of the assembly.

20.11.The Assembly of All Judges shall elect its chairman from among themselves.

20.12.There will be a vote counting commission responsible for counting the votes on the issues to be discussed at the Assembly of All Judges. Two judges from the appeal and Supreme courts and three judges from the first instance court shall be elected as members of the vote counting commission by secret ballot from the Assembly of All Judges, and the head of the Commission shall be elected from among its members.

20.13.When hearing the report specified in sub-paragraph 20.2.3 of this Law at the Assembly of All Judges, there will be no discussion be held and no conclusion or decision shall be made.

Article 21.Court seals, stamp, printed letterhead form, and official record keeping

21.1.The court shall have a seal with a symbol and its name on it, a stamp made in accordance with the established format, and use printed letterhead forms of official documents and court decisions, and have an official record keeping procedure approved in accordance with the law.

Article 22.Court decision

22.1.The court shall render their decisions on behalf of Mongolia.

22.2.The Supreme Court shall approve the methodology and procedures for drafting of the court decisions.

22.3.The methodology for drafting the court decision shall include the methodology on the structure, type, content, language composition of the court decision, legal techniques, requirements for reference to the court decision, and giving a complete conclusion to each disputed fact and legal basis in the parties' demands, objections, and explanations.

22.4.The courts decisions after reviewing the case and dispute has the following form:

22.4.1.ourt order on verdict and acquittal, court decision, judge's adjudication by the first instance court;

22.4.2.judgement by the appellate court;

22.4.3.resolution by the Supreme court.

22.5.Except as specified in Article 22.4 of this Law, the court shall issue orders and the judge shall issue ordinances in connection with the review of cases and disputes .

22.6.When reviewing cases and disputes on a collective basis, the court shall make a decision by majority vote. The judge of the Supreme court has the right to upload and publish his/her special opinion on the court's website.

22.7.All judges participating in the court panel shall sign the court decision.

22.8.Unless otherwise provided by the law, courts of all levels shall upload their decisions to the unified digital database of court decisions. Court decisions can be compiled and published.

22.9.Official commentaries on the correct application of laws other than the Constitution of Mongolia, and decisions deemed significant by the Supreme Court to ensure the uniformity of the application of laws shall be published in the "State Information" official bulletin.

22.10.In order to provide information to the public and to explain the procedures of court proceedings, the court's decision shall be communicated in an understandable manner to the public.

22.11.The judge and the panel of judges who reviewed the case must personally and clearly explain the decision of the court in writing.

Article 23.Enforcement of court decisions

23.1.Individual, and legal entities shall have the duty to comply with legally valid court decisions on mandatory basis.

23.2.If the court's decision is not complied with voluntarily, then it shall be subject to compulsory enforcement on the grounds and procedures established by law.

23.3.Any individual responsible for non-compliance deliberately or purposeful interference with enforcement of the court decision that has a legal force, shall be subject to liability or sanctions as prescribed by law.

23.4.The relations concerning enforcement of court decisions shall be regulated by law.

Article 24.The Judicial Training, Research and Information Institute

24.1.The Judicial Training, Research and Information Institute /hereinafter referred to as "Institute"/ shall work at the Supreme Court with the responsibility to organize training based on court needs and research, provide with research and information to judicial proceedings, make official commentaries on the correct application of laws other than the Constitution of Mongolia, conduct research required to ensure the uniformity of law application, develop proposals to improve legislation, prepare summaries of court decisions, and inform the public.

24.2.The Institute has a non-staff committee consisting of representatives from judges of all levels of courts, the General Council, the state central administrative body in charge of legal affairs, and f law schools and institutions, which are responsible for developing the curriculum.

24.3.The Institute's structure, staff, work procedures, and the training program for judges shall be approved by the Chief Judge of the Supreme Court in consultation with the General Council.

24.4.Based on the Conference and the judge's own opinion, a judge of the first instance or appellate court may be employed as a researcher at the Institute for a period of up to six months and shall continue to be paid the salary of a judge and shall be considered to have served as a judge.

24.5.It shall be forbidden to include cases and disputes that have not been finally decided by the court in the curriculum and methodology.

CHAPTER FOUR

THE SUPREME COURT OF MONGOLIA

Article 25.The Supreme Court and its powers

25.1.The Supreme Court is the highest judicial organ of Mongolia and the court of review/cassation instance.

25.2.The Supreme Court shall have specialized chambers of adjudication on criminal, civil and administrative cases and disputes.

25.3.The Supreme Court shall be composed of a Chief Judge and twenty-four judges.

25.4.The Supreme Court shall ensure the uniformity of the application of the law by reviewing the decision of the appellate court in accordance with the grounds and procedures provided for in the law.

25.5.The Supreme Court Chief Judge and judges shall belong to one of the Chambers specified in Article 25.2 of this Law.

25.6.If there are technical errors in a Supreme Court resolution, such as words, letters, or numbers, the chamber's panel of judges may meet and make corrections.

25.7.The Supreme Court shall exercise the following powers in relation to court adjudication proceedings:

25.7.1.in case of special jurisdiction under the law, proceeding of case and disputes will be resolved by the first instance procedure;

25.7.2.In accordance with the grounds, procedures and specified in sub-paragraph 25.7.1 of this Law, cases decided by the appellate court using first instance procedures shall be reviewed by the appellate procedures;

25.7.3.on the basis of the law, to appoint a court panel in the event that the court panel of the Chamber of the Supreme Court is insufficient;

25.7.4.establish jurisdiction over legal disputes which jurisdiction is not established by law;

25.7.5.In order to ensure the uniformity of the application of the law, the Supreme Court shall review the decision of the appellate court in the following cases:             

25.7.5.a.eliminate differences in the application of the law by the first instance and appellate instance courts;

25.7.5.b.interpreted and applied the law differently from the official interpretation of the Supreme Court;

25.7.5.c.serious violations in the court proceedings affected the court's decision.

25.8.The Supreme Court shall exercise the following powers in matters other than court adjudication proceeding:

25.8.1.in the cases specified by law, to establish of chambers specialized in cases and disputes in the Supreme Court and approve their composition;

25.8.2.to discuss and resolve the issue of establishing a chamber specialized in court adjudication proceeding in the appellate instance court based on the proposal of the Conference of that court;

25.8.3.to submit proposals to the legislative initiator regarding draft legislation related to procedure of court proceedings and court activities and its legal status, and to submit suggestions for improvement of other legislation to legislative initiator;

25.8.4.based on court decisions and practice, to issue official interpretation on the correct application of laws other than the Constitution of Mongolia on the basis of the proposal by the chamber, and to publish it regularly;

25.8.5.to review issues referred by the Constitutional Court and the State Prosecutor General regarding the protection of human rights and freedoms provided for in the law;

25.8.6.in accordance with the proposal of the General Council specified in Article 73.2 of this Law, or if the proposal specified in Article 6.4 of this Law is considered reasonable, submit a request to the Constitutional Court;

25.8.7.to make a proposal within 30 days after the establishment of the basis specified in the law for nomination or recall of a member of the Constitutional Court;

25.8.8.registration of a political party;

25.8.9.other powers provided by the law.

Article 26.Meetings of all Justices of the Supreme Court

26.1.At the Meeting of all Justices of the Supreme Court, the issues specified in article 25.7.3, 25.7.4, and 25.8 of this Law shall be discussed and resolved, and a resolution shall be issued.

26.2.The Meetings of all Justices of the Supreme Court shall be presided over by the Chief Justice of the Supreme Court or the head of the chamber of the Supreme Court acting in his place in accordance with this Law.

26.3.If at least two-thirds of all justices participated in the Meeting of all Justices of the Supreme Court, the conference shall be considered valid.

26.4.At the Meetings of all Justices of the Supreme Court, the issue shall be decided by the majority vote of all judges.

26.5.The Meetings of all Justices of the Supreme Court shall determine the order of meeting by itself.

Article 27.Powers of the Chief Justice of the Supreme Court

27.1.The Chief Justice of the Supreme Court shall exercise the following powers in addition to the powers provided in Article 17.1 of this Law:

27.1.1.to schedule, prepare and preside over Conference and the Conference of all judges of the Supreme Court;

27.1.2.to represent the Supreme Court in foreign relations;

27.1.3.to assign external and internal work appointments to justices of the Supreme Court;

27.1.4.to coordinate the inter chamber work and to assign to the chamber for discussion the issues considered necessary except for the court proceedings;

27.1.5.to appoint and dismiss the Head of the Administrative Department of the Supreme Court and the Director of the Institute as presented to the Conference;

27.1.6.To communicate on behalf of the Supreme Court with the President, the Great State Khural, and the Government in accordance with the decision made by the Conference of all judges of the Supreme Court and the Conference;

27.1.7.to respond in writing to petitions and complaints about court proceedings;

27.1.8.other powers provided by the law.

Article 28.Powers of the Chamber of the Supreme Court

28.1.The Chamber of the Supreme Court shall exercise the following powers in accordance with the procedure established by the law on court proceedings:

28.1.1.to determine the jurisdiction of the case, unless otherwise provided by law;

28.1.2.to make corrections if there are technical errors such as words, letters, or numbers in the resolution of the Supreme Court.

28.1.3.to submit a proposal to the Meetings of all Justices of the Supreme Court to issue an official interpretation on the correct application of laws other than the Constitution of Mongolia based on court decisions and practice;

28.1.4.to make a proposal to the Chief Justice about convening to the Meetings of all Justices of the Supreme Court and to the Conference of Judges;

28.1.5.other powers provided by the law.

CHAPTER FIVE

THE APPELLATE INSTANCE COURT

Article 29.Appellate instance court and its powers

29.1.The appellate instance court consists of aimag and capital city and administrative cases appellate instance courts.

29.2.The appellate instance court may be established on a circuit basis.

29.3.The appellate court may have chambers specialized in the type of court adjudication proceedings. The Chamber is established by the decision of the Supreme Court based on the proposal of the Conference of the respective court, and the composition is approved by the Conference of the respective court.

29.4.The Chief Judge and judges of the appellate court shall belong to one of the Chambers specified in Article 29.3 of this Law.

29.5.The appellate instance courts shall exercise the following powers:

29.5.1.to review the decision of the court of first instance by appellate instance procedure according to the law;

29.5.2.to deal with cases and disputes specifically under the jurisdiction of the law in the first instance procedure;

29.5.3.to resolve disputes between lower instance courts regarding jurisdiction, unless otherwise provided by law;

29.5.4.study the practice of court adjudication proceedings and submit proposals for improvement of legislation to the Supreme Court;

29.5.5.other powers provided by the law.

CHAPTER SIX

THE COURT OF FIRST INSTANCE

Article 30.Soum or inter-soum, district and administrative cases courts and their powers

30.1.Soum or inter-soum, district courts and administrative cases courts of aimags and capital city shall carry out first instance court adjudication proceedings in their respective territories.

30.2.The court of first instance may be established on a circuit basis.

30.3.The court of first instance may have chambers specialized in the type of court adjudication proceedings.

30.4.The Chamber specified in Article 30.3 of this Law shall be established by the decision of the Supreme Court based on the proposal of the Conference of that court, and the composition shall be approved by the Conference of that court.

30.5.Courts of first instance may hold court hearings in places other than the courthouse in order to bring the court proceedings closer to citizens, and the general procedure shall be approved by the General Council.

30.6.The courts of first instance shall exercise the following powers:

30.6.1.to adjudicate cases and disputes through a first instance procedure as placed under its jurisdiction by law;

30.6.2.to submit recommendations to the Supreme Court on improving the legislation based on practice of judicial proceedings at the courts of first instance;

30.6.3.other powers provided by the law.

CHAPTER SEVEN

CONDITIONS AND REQUIREMENTS FOR THE JUDGES

Article 31.Conditions and requirements for the judges

31.1.The judge shall have met the conditions specified in paragraph 3 of Article Fifty-one of the Constitution of Mongolia, and the following requirements:

31.1.1.have no criminal record;

31.1.2.not drawn as accused at the time of nomination for the judge;

31.1.3.to have the opinion of a qualified medical doctor who has determined that he/she does not have any diseases or mental disorders that are incompatible with working as a judge;

31.1.4.to have a permit to carry out lawyer's professional activities ;

31.1.5.to have the knowledge, ability and ethics to work as a judge.

31.2.The list of diseases that are incompatible with being appointed to work as a judge and the procedure for determining health reasons specified in Article 40.2.2 of this Law shall be jointly approved by the Cabinet member in charge of health matters and the Head of the General Council.

31.3.In addition to the requirements specified in Article 31.1 of this Law, the judge of the appellate instance court shall have worked as a judge in the court of first instance for at least six years.

31.4.In addition to requirements specified in Article 31.1 of this Law, a justice of the Supreme Court shall meet one of the following requirements:

31.4.1.served as a judge for at least 10 years;

31.4.2.worked exclusively as a prosecutor or attorney for at least 10 years;

31.4.3.at least 10 years of teaching experience at an accredited law school.

31.5.It shall be prohibited to appoint a person who has held a political or political party leadership position in the last six years as a judge.

31.6.At least two-thirds of all justices of the Supreme Court shall be the justices specified in Article 31.4.1 of this Law. The Chief Justice of the Supreme Court shall have served as a judge for at least 10 years.

CHAPTER EIGTH

SELECTION AND APPOINTMENT OF JUDGES

Article 32.Procedure for selection of judges

32.1.The work of finding, selecting and nominating judges from lawyers shall be organized by the General Council in accordance with the principles of openness, transparency, independence and the rule of law.

32.2.The General Council shall inform the announcement of the selection of judges on its website and in the media during the following period:

32.2.1.if the judge determines a retirement pension in accordance with Article 47.6 of this Law, shall notify the General Council at least 120 days before the date of pension determination and at least 90 days before a vacancy occurs;

32.2.2.at least 90 days before the vacancy occurs when the judge reaches the maximum retirement age;

32.2.3.within 14 days after the date of a vacancy for a judge due to reasons other than those specified in sub-paragraph 32.2.1 and 32.2.2 of this Law.

32.3.The announcement specified in Article 32.2 of this Law shall be defined conditions and requirements for nomination for the vacancy of the judge, as well as the period, procedure and place for application and attached documents receipt, registration and selection.

32.4.The announcement specified in Article 32.2 of this Law may be published in the daily press of the aimag or capital city where the judge will work.

32.5.The chief judge shall notify the General Council at least 120 days before the judge of the court of that level, or the judge himself, reaches the maximum retirement age, and if there is a vacancy for a judge due to other reasons, the General Council shall be notified within five working days.

Article 33.Registration of candidates for judges

33.1.Citizens who meet the conditions and requirements specified in Article 31 of this Law have the right to nominate and submit application for the judge's position within 30 days after the announcement is made public in accordance with Article 32.2 of this Law.

33.2.In accordance with Article 33.1 of this Law, the applicant must provide evidence of meeting the conditions and requirements specified in Article 31 of this Law along with the application, curriculum vitae, profile of professional activities, address of residence, reference to family and property rights, Mongolian national identity card, professional educational diploma, social insurance and health insurance book, employment and other documents, together with notarized copies, shall be submitted to the General Council in electronic or paper form.

33.3.Within 21 days after receiving the applicant's documents, the General Council will check whether the applicant's documents are complete and correct, and issue a decision on whether the applicant is registered as a candidate or refused to be registered.

33.4.Within three working days after the issuance of the resolution specified in Article 33.3 of this Law, the candidate's documents shall be posted on the website of the General Council, whereas the information belongs to personal secret information shall not be published.

/In this paragraph, the term "personal secret" was amended according to "sensitive information" by the law as of December 17, 2021, and will be enforced from May 1, 2022/

33.5.Within 14 days after uploading the information specified in Article 33.4 of this Law, interested parties shall submit their questions and suggestions to the General Council, questions and suggestions without names and addresses shall not be accepted.

33.6.The information on candidates for the Judges of first instance and appellate courts shall be publicized through the websites of the respective court or local administrative authority.

33.7.Relations related to the documents to be prepared in accordance with the conditions and requirements for the position of the judges of the courts of first instance, appellate and cassation instance and their registration shall be governed by the procedure specified in sub-paragraph 72.1.5 of this Law.

Article 34.Examination of candidates for judges

34.1.The General Council shall conduct an examination of a candidate for a judge within 60 days after issuance of the resolution as specified in Article 33.3 of this Law. The examination of candidates for judges consists of legal knowledge and ability tests as well as qualifications, ethics and behavior tests.

34.2.The test of legal knowledge and ability shall be selected from methods such as solving legal cases, answering test questions, developing legal documents, interpreting and applying the law, and analyzing court decisions, and shall be evaluated with up to 70 points. There is a difference between the examination of candidates for the judges of the courts of first instance, appellate, and cassation instance.

34.3.The examination of legal knowledge and ability shall meet the conditions for evaluating the candidate in an unforeseeable and external manner, and the General Council shall be responsible for the content and confidentiality of the examination tasks.

34.4.Candidates who score 50 points or more in the test specified in Article 34.2 of this Law shall be deemed to have passed the legal knowledge and ability test, and will be subject to a qualification, ethics, and behavior test.

34.5.Within three working days after the issuance of the resolution specified in Article 34.4 of this Law, the profile of the candidate's professional activities, except those related to personal secret information, and related documents will be posted on the website of the General Council, and within 14 days, interested entities may submit their suggestions about the candidate to the General Council. Proposal without name and address shall not be accepted.

/In this paragraph, the term "personal secret" was amended according to "sensitive human information" by the law as of December 17, 2021, and will be enforced from May 1, 2022/

34.6.Candidates specified in Article 34.4 of this Law shall be randomly assigned to the members of the General Council /hereinafter referred to as "presenting member" in equal basis. On the basis of studying the candidate's documents, trial and other work experience, the quality of decisions of cases handled by the candidate who worked as a judge, comments received from the public, and the results of interviews conducted with other parties and with the candidate, the presenting member write a reasonable report evaluating the qualification, ethics and behavior of the candidate, deliver it to other members of the General Council, and present it at the meeting.

34.7.After interviewing the candidate, the General Council shall evaluate the candidate's qualifications, ethics, and behavior with up to 30 points based on the following points, and the candidate with 20 or more points shall be considered to have passed the test:

34.7.1.interview with the candidate;

34.7.2.candidate documents;

34.7.3.conclusion about the candidate's qualifications, abilities, and reputation;

34.7.4.suggestions received from the public;

34.7.5.presenting member's report;

34.7.6.others.

34.8.The General Council shall place the scores of the candidate's legal knowledge, abilities, qualifications, ethics, and behavior on each of the tests, and their total points, in order, and upload them to the public on its website.

34.9.The evaluation specified in Article 34.8 of this Law shall be valid for two years.

34.10.The selection of judges shall be transparent to the public, and the decision of the General Council made in connection with the examination shall be reasonable, understandable and open to the participants and interested parties.

34.11.The General Council may involve an external independent expert in the examination of a candidate for a judge according to the appropriate procedure.

34.12.Examination method, form, evaluation methodology, making conclusions about the candidate's qualification, ability, and reputation, receiving opinions from the public, and other related relations shall be governed by the procedure specified in sub-paragraph 72.1.5 of this Law.

Article 35.Submission of candidates to judges

35.1.The General Council shall, within five working days after public notification in accordance with the order specified in Article 34.8 of this Law, submit to the President the proposal to appoint a candidate for the judge of the first instance and the appellate court, and the proposal for the appointment of the candidate for the justice of the Supreme Court after presenting the candidate to the State Great Khural.

Article 36.Appointment of judges, selection of the head of the chamber and the Chief judge

36.1.The judge of the first instance and appellate courts shall be appointed by the President within 14 days upon the recommendation of the General Council, and the judge of the cassation instance court shall be appointed by the President upon presenting them by the General Council to the State Great Khural within 14 days.

36.2.The State Great Khural shall meet the candidate for the justice of the Supreme Court of Mongolia in accordance with the procedure stipulated in Article 104 of the Law on the Procedural Order of Session of the State Great Khural of Mongolia.

36.3.The General Council shall submit to the President within one week a proposal to appoint the candidate who has been reviewed by the State Great Khural as a justice of the Supreme Court in accordance with Article 36.2 of this Law.

36.4.If the candidate recommended by the General Council does not meet the conditions and requirements for the judge specified in Article 31 of this Law, the President shall notify the General Council in writing.

36.5.The General Council shall re-examine the President's proposal, and if no reasons for the rejection of the appointment are established, the candidate shall be re-nominated, and if proven, another candidate shall be proposed in accordance with the procedure provided by the Constitution of Mongolia and this Law.

36.6.The Standing Committee on Justice of the State Great Khural (hereinafter referred to as "Standing Committee") shall approve the procedure for organizing the presentation hearing specified in Article 36.2 of this Law.

36.7.The President shall appoint the Chief Justice of the Supreme Court for a period of six years, only once, within 14 days after the recommendation of the Supreme Court.

36.8.The Chief Judge of a court other than the Supreme Court shall be elected by secret ballot from the Conference of that court by majority vote for a period of three years and may be re-elected once.

36.9.If the Chief Judge is not elected in accordance with Article 36.8 of this Law, the judge who has served as a judge for the longest period of time shall be appointed by the Conference of that court for a period of three years.

36.10.The head of the chamber shall be elected by secret ballot from among the Conference of the court for a period of three years, and thereof may be re-elected once.

36.11.The President issues a decree on the appointment of a judge.

Article 37.Specialized training of judges

37.1.Judges newly appointed to the position of judges of the first instance courts shall undergo specialized training for a period of up to three months for the purpose of professional practice in the exercise of judicial power.

37.2.A judge appointed as a judge in the appellate or cassation instance court may undergo specialized training at his/her request.

CHAPTER NINE

GROUNDS AND PROCEDURES FOR ESTABLISHMENT, SUSPENSION AND TERMINATION OF JUDGE'S POWER

Article 38.Formation of a judge's power, the oath of a judge, and the procedure for taking it

38.1.The power of a judge begins with the appointment and taking an oath in accordance with the Constitution of Mongolia and the procedures stipulated in this Law.

38.2.Within three working days from the date of appointment, the judge shall take an oath as, "As a judge, I swear to the people that I will protect the virtuous duties of the judiciary, the constitutional establishment of Mongolia, human rights and freedoms, justice, and the law, and resolve the cases and disputes independently of anyone, only in conformity with the Constitution of Mongolia and other laws, and strictly observe the ethics of judges. If I renege on my oath, I will immediately resign from the position of judge and face the legal responsibility." to the Constitution of Mongolia and the State Emblem of Mongolia.

38.3.The procedure for taking the oath of the judge, the design of the judge's uniform and the procedure for use of the uniform shall be approved by the General Council.

Article 39.To be suspended a judge's power, and to suspend the a judge's power

39.1.Upon election as a member of the General Council and the Disciplinary Committee, the powers of the judge shall be considered suspended, and the powers shall be restored upon the election of the next member.

39.2.The General Council shall suspend the power of the judge on the grounds that the court decision declaring the judge as missing has entered into force, and the power shall be restored if the grounds for suspension are removed.

39.3.The fact that a judge's powers have been suspended on the grounds specified in Article 39.1 of this Law shall not be grounds for depriving him of his inviolability, salary, economic and social security.

39.4.The Disciplinary Committee shall review the proposal submitted by the competent authority to suspend the judges in connection with the prosecution of the accused in a criminal case and, if suspended, present the decision to the General Council.

39.5.Judges whose powers are suspended for the reasons specified in Article 39.4 of this Law shall be paid 90 percent of their salary during that period.

39.6.If the grounds for suspension specified in Article 39.4 of this Law are removed, the Disciplinary Committee shall immediately restore the powers of the judge and notify the General Council.

Article 40.Termination of power of a judge

40.1.If a judge has reached the retirement pension age established by law, or has worked as a judge for 25 years, he/she may be determined the retirement pension or released at his own request.

40.2.Based on the proposal of the General Council, the President shall prematurely terminate and release the judge's power on the following grounds:

40.2.1.the judge submitted a written request to resign;

40.2.2.unable to exercise the powers of a judge due to health reasons;

40.2.3.the judge was transferred, appointed, or selected to a job or position other than being selected as a member of the General Council or Disciplinary Committee;

40.2.4.leaving the citizenship of Mongolia, or has received a permanent residence right or permit in the territory of a foreign country;

40.2.5.the judge has become a candidate for the election of the President, the State Great Khural, the citizen representative khural of the aimag, capital city, soum, and district;

40.2.6.the court decision restricting the civil legal capacity of the judge, or considering him as legally incapable , has entered into force;

40.2.7.the judge has deceased or the court's decision to be deemed deceased has entered into force;

40.2.8.the court's decision to take coercive medical measures has entered into force;

40.2.9.has reached the maximum limit of the judge's retirement age.

40.3.In the event that the grounds for suspension of power, removing from office, or dismissal of a judge on grounds other than those specified in Article 39.1 of this Law were determined as illegal according to the decision of the competent authorities and officials, or legally valid court's decision, the judge's power shall be restored and the salary shall be compensated.

40.4.Expiration of the term of office of the chief judge or the head of the chamber shall not be a reason for the termination of the judge's power.

40.5.If a judge resigns, he/she will not be allowed to participate in the selection of judges.

40.6.If the Chief Justice of the Supreme Court resigns at his own request, he/she shall submit his/her request to the Council/Conference of the Supreme Court, and if the Council deems the request reasonable, it shall be forwarded to the President. The Chief Justice shall be obliged to make public the reasons for his resignation.

Article 41.Counting the time on termination of power of the Chief judge, head of the chamber, judge

41.1.The power of a judge expires on the last day of the month in which the judge reaches the retirement age, and if there is a decision to terminate the judge's power for other reasons, it shall be counted from the effective date of the decision.

41.2.The power of the Chief judge and the head of the chamber shall be counted from the date of the end of the selected term.

CHAPTER TEN

JUDGE'S IMPARTIALITY AND ITS GUARANTEES

Article 42.Principle of impartiality of the judge and guarantees

42.1.When exercising judicial power, a judge shall be impartial of any person and shall be subject only to the Constitution of Mongolia, and other laws issued in accordance with it and officially published, and international treaties of Mongolia.

42.2.The impartiality of judges shall be guaranteed by the Constitution of Mongolia, this Law and other laws.

42.3.The impartiality of the judge shall be ensured by the following guarantees:

42.3.1.it shall be prohibited to limit, suspend or terminate the powers of judges on grounds other than those specified in the Constitution of Mongolia and this Law;

42.3.2.it shall be prohibited to transfer a judge to another position or to another court or to work in rotation without his/her consent;

42.3.3.shall not be appointed for an indefinite period, shall not be dismissed or resigned on the initiative of the administration or a third party, and shall not be drawn into any mobilization or active military service;

42.3.4.formation and maintenance of the system of economic and social security and welfare of judges in accordance with this Law and other laws;

42.3.5.If the judge, at his own request, goes to study abroad for up to two years in order to improve his qualifications to an advanced level, and to conduct scientific and research work, the job shall be retained.

42.4.The Chief Justice of the Supreme Court and the judge of this court shall enjoy diplomatic privileges during their stay or travel abroad.

42.5.Anyone who invaded the impartiality of a judge or made obstruction to the the activities of the court shall be held liable.

Article 43.Transfer of judges and working in rotation

43.1.If the court is dissolved, reorganized, or the number of judges in that court is reduced, based on the judge's own consent, the judge may be transferred to the court of the same level where there is a vacancy, or to the lower court if there is no vacancy in the court of the same level.

43.2.The General Council shall submit its proposal to the President to appoint a judge to be transferred based on the grounds specified in Article 43.1 of this Law, and the President shall appoint the judge to be transferred within 14 days after receiving the proposal.

43.3.Based on his/her consent, a judge may be worked in rotation within the court of the same level for a period of up to two years in order to improve the judge's qualifications and skills, to acquire practice in judging, and to balance the workload.43.4. The General Council shall approve the procedure for working in rotation of judges based on the grounds specified in Article 43.3 of this Law.

43.5.The judge shall be fully guaranteed to return to job at previously worked courtwhen the term of working rotation specified in Article 43.3 of this Law ends.

Article 44.Prohibition of interference in the activities of judges

44.1.The President, Chairman of the State Great Khural, Prime Minister, member of the State Great Khural, member of the Government, state and local self-governing organization, General Council, member of the Disciplinary Committee, any organization, official, citizen or anyone else shall be prohibited to interfere or influence the exercise of the judicial adjudication duties by the judges.

44.2.If the persons specified in paragraph 20.2 of the Law on Regulation of Public and Private Interests and Prevention of Conflicts of Interest in Public Service and sub-paragraphs 11.1.6, 11.1.7, 11.1.8, and 12.1.4 of the Law on Public Service will meet with a judge on official business, the notes shall be recorded, confirmed and given to the the official in charge of the confidentiality of the given organization within three working days. In the event of a meeting with a judge in the course of developing and discussing of draft legislation, or other activities where official notes are taken, the obligation to record and confirm notes shall be waived.

44.3.Unless otherwise provided by law, it is shall be prohibited for an organization and official conducting the inquiry and investigation in connection with a judge to request explanations and testimony from a judge about the case under his/her review or was resolved by him/her.44.4. Unless otherwise provided by law, it shall be prohibited to require the judge to present the facts of the case to the person other than a case participant.

Article 45.Filing a statement of influence

45.1.In the process of resolving the case or dispute, all instances of attempts by any person to influence the judge or court panel shall be recorded and confirmed and an statement of influence shall be filed.

45.2.The General Council shall approve the format and theprocedure on filing and deciding the statement of influence specified in paragraph 45.1 of this Law.

45.3.The judge shall explain the purpose of the statement of influence and the consequences of violating the law to the case participants immediately after initiation of the case and document thereto.

45.4.The judge who filed the statement of influence shall attach it to the case file and submit a copy to the General Council.

45.5.The General Council shall apply and have decided to the competent authority to examine the action recorded and confirmed in the statement of influence specified in paragraph 45.1 of this Law.

45.6.Within 30 days after receiving the relevant documents transferred by the General Council, the competent authority and official shall make a decision and respond to the General Council.

45.7.The General Council shall regularly inform the public of the decision submitted by the competent authority.

45.8.In addition to the statement of influence specified in Article 45.1 of this Law, if the judge has met and communicated with the person specified in paragraph 44.2 of this Law, and if that person himself or through others influenced, tried to influence, or gave instructions to the judge in any way,the judge shall be obliged to take a note containing the information thereto, and seal it, and submit to the General Council within three working days.

45.9.The General Council shall keep the note submitted in a sealed manner in accordance with paragraph 45.8 of this Law, and shall issue them to the relevant person upon the request of the competent authority or the judge.

45.10.Failure to fulfill the obligations specified in paragraph 45.8 of this Law shall be grounds for imposing a disciplinary sanction on the judge.

Article 46.Economic guarantees of courts and judges

46.1.The amount of salary for the position of a judge shall be sufficient and secure to work and live impartially from others economically.

46.2.The salary of a judge consists of the salary of the position and allowances for the special working conditions, the length of public service, academic degrees and others.

46.3.The salary scale of the judge, allowance amounts, a procedure on granting allowances, and the job quantity of the judges shall be determined by the State Great Khural upon the submission of the General Council.

46.4.When approving the court budget, the composition and amount of the judge's salary may not be reduced.

46.5.The expenses of the judge's official visits, appointments, state ceremonies, honors, work on appointment as specified in Article 15.6 of this Law, and other measures related to the exercise of their powers shall be financed from the court budget.

46.6.If a judge takes a vacation in a domestic resort or sanatorium during his/her annual leave, or at his/her own or his/her spouse's place of birth,, the cost of his/her journey to and from such place shall be paid once in two years from the court budget at the expense of auto road transport passenger .46.7. The General Council shall approve the criteria for calculating the workload of judges and the procedure for granting additional bonuses to judges.

46.8.When developing and approving the court budget, the following procedure shall be followed:

46.8.1.to submit for review by the Standing Committee the operational and investment budget of the Supreme Court upon planning by itself, whereas the operational and investment budgets of courts other than the Supreme Court by the General Council upon planning by the General Council;

46.8.2.to submit the final version of the budget draft reviewed by the Standing Committee from the Supreme Court and the General Council to the state central administrative body in charge of finance and budget matters for integration into the state budget, in accordance with the law;

46.8.3.to reflect the budget draft of the Supreme Court and other courts in the state budget draft without reducing them and submit them by the Government to the State Great Khural along with relevant conclusions;

46.8.4.when discussing and approving the annual budget draft by the State Great Khural, it shall hear the proposals and explanations of the Supreme Court and the General Council, discuss and resolve the Government's conclusions.

Article 47.Social guarantees of a judge and his/her family member

47.1.The state budget shall cover the life and health insurance premiums of judges.

47.2.Life and health insurance of a judge shall be in the following forms and amounts:

47.2.1.if a judge loses his/her life due to damage to his health while performing his official duties, insurance compensation equal to his salary for the last 15 years shall be paid to the judge's family;

47.2.2.if a judge is unable to engage in professional activities due to damage to his health during the performance of official duties, the amount of insurance compensation shall be equal to the judge's salary for the last three years;

47.2.3.If the damage to a judge's health does not impair his working ability or prevent him from engaging in professional activities, the amount of insurance compensation shall be equal to the judge's salary for the one year.

47.3.The insurance specified in Article 47.2 of this Law shall be paid by the insurance organization.

47.4.If a judge loses his ability to work due to damage to his/her health during the performance of official duties, he/she shall be paid a monthly compensation equal to 70 percent of the salary received while working as a judge.

47.5.If a judge loses his/her life while performing his/her official duties, monthly allowance/compensation/ shall be paid to the dependent child until the age of 18 and to the family member with inability to work, in the amount to be imposed based on the judge's received position salary, and it shall not be included the insurance payments paid by the state budget, survivor's pensions or other types of pensions, salaries, and allowances.

47.6.The maximum retirement age for a judge is 60 years, and a judge who has reached the age of 55, or who has worked as a judge for in a total of 25 years, may be determined the retirement pension if they decide to do so. A judge who has worked as a judge for 30 years or more and have reached the age of 55, shall be determined a retirement pension.

47.7.The relations related to the judge's pension shall be determined by the relevant law, the basic period of a judge's annual leave and additional leave days shall be determined by this Law and the Law on Labor, and the judge shall have an additional 3 working days off for every 5 years worked as a judge.

47.8.In the event that a judge is transferred or worked in rotation to the local area, the General Council shall resolve the issue of housing in cooperation with the given local administrative organization.

47.9.When a judge retires, a one-time allowance shall be given for a period of 36 months based on the average monthly salary he/she received.

Article 48.Support of the qualification level of judges

48.1.A judge shall be obliged to improve his/her knowledge and qualifications required for exercising his/her powers, and attend to the training every year.

48.2.The judge's salary shall continue to be paid to the judge during the period of professional development training.

48.3.The General Council shall organize the work of improving the qualifications and retraining of judges in cooperation with the Supreme Court.

Article 49.Inviolability of judges

49.1.A judge shall have the right to be inviolable and it shall be protected by the Constitution of Mongolia, this Law and other laws.

49.2.The followings shall apply to the inviolability of the judge:

49.2.1.life;

49.2.2.workplace, private and official housing;

49.2.3.business reputation;

49.2.4.personal and official transport and communication means being possessed and used;

49.2.5.documents, baggage and other property in his possession;

49.2.6.secrecy on correspondence.

/In this sub-paragraph, the term "secrecy on correspondence" was amended according to "information on correspondence" by the law as of December 17, 2021, and will be enforced from May 1, 2022/

49.3.In the event that the guilt of committing a crime is not proven by a legally valid court decision, it shall be prohibited to be held liable a former judge by any responsibility for the opinions expressed or decisions made while conducting the judicial proceedings after the termination of his/her powers.

49.4.If the information about situation to be caused a threat to the life and health of a judge or his/her family member is received, the police organization shall be obliged to immediately take measures aimed at stopping this situation.

49.5.The conditions and procedures for taking the measures specified in paragraph 49.4 of this Law shall be jointly approved by the Head of the General Council and the Cabinet member in charge of legal affairs.

49.6.A judge shall have the right to own and carry special personal protective devices for the purpose of protecting his/her safety.

49.7.If a judge is arrested in the course of a crime or at the scene of a crime with physical evidence, the Disciplinary Committee shall be notified of this within 48 hours.

49.8.The Disciplinary Committee shall decide whether to suspend the judge's powers or not at its meeting within two working days.

CHAPTER ELEVEN

PROHIBITIONS FOR JUDGES AND PREVENTION OF CONFLICTS OF INTEREST

Article 50.Prohibitions for Judges

50.1.Judges shall be prohibited:

50.1.1.to gain advantage for himself or others by abusing of the judge's official duty, power or influence;

50.1.2.to disclose state secrets related to his/her official duties or entrusted to them;

50.1.3.to disclose official, organizational and personal secrets related to his/her official duties or entrusted to them;

/In this sub-paragraph, the word "official, organizational, and personal secrets" was amended according to "official secrets, organizational secrets, and sensitive personal information" by the law as of December 17, 2021, and will be enforced from May 1, 2022/

50.1.4.to inform and express his/her position to the public before the decision of the court regarding the case or dispute under review by the court;

50.1.5.to use materials and equipment for official work for purposes other than the exercising the judge's powers;             

50.1.6.to use any information discovered during the exercise of the judge's powers for purposes other than the exercising of the judge's powers;

50.1.7.in connection with the exercising of the judge's powers, to participate in, influence, give instructions, directives, directions, or give preliminary opinions in the proceedings of other judges in ways other than those prescribed by law;

50.1.8.In connection with the exercising of the judge's powers, receive direct or indirect assistance, favors, discounts, monetary or other rewards, or rewards not allowed by law, from the participant of the case, his lawyer, legal representative and other citizens and legal entities;

50.1.9.to be a legal representative of a third party, to provide legal advice, unless the interests of one's own, a family member, relative person, or an official organization are affected;

50.1.10.to work without notifying the General Council about family, or relative connection with the Chief Judge or judges of the given court;

50.1.11.to engage in business activities by himself or through an authorized person, to enter into the management team of enterprises, their associations and unions, and to conduct organizational activities;

50.1.12.to teach, engage in academic or other work, to travel to foreign countries with the funding of foreign countries and international organizations, foreign citizens, stateless persons, unless mutually agreed in accordance with international treaties of Mongolia, with foreign courts, international and foreign organizations;

50.1.13.to receive honorary and special titles, awards, medals, and badges other than scientific from the state, non-governmental, and other organizations of foreign countries;

50.1.14.to receive honors, titles, awards, medals, or badges other than the highest state orders, medals, and scientific awards;

50.1.15.to join the management team of a foreign state or international organization or its branch unit located in the territory of Mongolia, unless mutually agreed with the relevant court of a foreign country, international or foreign organization according to an international treaty of Mongolia;

50.1.16.to perform several jobs and positions that do not belong to the duties established by law, except for teaching, and conducting academic research, and analysis work;

50.1.17.to hold leadership or other positions in political organizations, speak by addressing to the public about political organizations or candidates for political elections, participate in election campaigns, and provide funds and donations to candidates for political elections;

50.1.18.to meet or communicate with one party without the presence of the other party;

50.1.19.to establish personal relationships with the case participant and other persons that may adversely affect the reputation of the court and case adjudicating proceedings;

50.1.20.to engage in inappropriate behavior when dealing with the participant of the case or other persons in an official capacity, or not to fulfill the obligation to put a stop to the inappropriate behavior of others within the framework of obeying procedural order of court trial;

50.1.21.improper use of special personal protective devices provided in accordance with the law, or allow others to use it;

50.1.22.to deliberately violate the order and procedure specified in Articles 19.2.2 and 19.2.5 of this Law;

50.1.23.to commit action or inaction violating seriously or repeatedly the clear understandable provisions of the law;

50.1.24.to repeatedly be absent from work without valid reasons;

50.1.25.to repeatedly violate the dates of court trials and preliminary hearings without valid reasons;

50.1.26.to violate the duration specified in the law related to making a court decision for more than 30 days repeatedly, or for more than 60 days in one time, without a valid reason;

50.1.27.it was determined by the higher instance court that the court decision did not include legal grounds at all;

50.1.28.failure to challenge deliberately knowing there is grounds to be challenged in accordance with the law;

50.1.29.to consume alcoholic beverages, narcotic drugs, or psychotropic substances in the workplace or while performing official duties, or come to work in such a condition;

50.1.30.to obstruct the investigation and resolving proceedings of judge's disciplinary case;

50.1.31.to discriminate or harass people against on the basis of their origin, ethnicity, language, race, age, gender, social origin, status, wealth, job, position, religion, opinion, sexual and gender orientation, education, disability and others;

50.1.32.when using mass media and public electronic news and information networks, to distribute and upload opinions, comments, photos, sound, audio-visual recordings and other forms of news and information that are against the reputation of courts and judges, or negatively affect the court's activities;

50.1.33.to communicate or consult with others in any form during the consultation process to make a decision, to disclose the secrets of the consultation room;

50.1.34.to conduct other activities unrelated to the case, such as using mobile phones during court hearings;

50.1.35.to assign duties not related to official duties to court officials and persons under their control;

50.1.36.to determine the behavior, ethics, dignity, and qualification of a person, except for the judge himself called as a witness, or determination about the employee under his management;

50.1.37.except for the performance of official duties, to use a judge's ID card or badge to create an advantage for oneself, use a judge's ID card or badge for personal purpose, or keep it as collateral;

50.1.38.to give others an idea or to inform the public that causes doubts about the legally valid court decision;

50.1.39.failure to fulfill the obligations stipulated in paragraph 45.8 of this Law;

50.1.40.failure to fulfill the provisions stated in paragraph 66.7 of this Law.

Article 51.Regulation of conflict of interests of judges

51.1.If there is a situation in which a conflict of interest may arise, the judge may withdraw from participating in the adjudication proceedings, or notify the participants of the case and provide them with the opportunity to request their withdrawal.

51.2.It shall be prohibited to engage in advocacy activities for two years after being released from the position of a judge at one's own request.

51.3.If a judge has resigned from his post or has retired, it shall be prohibited to engage in advocacy.

Article 52.Declaration of assets and income of a judge and his family member

52.1.Judges shall be obliged to truthfully and accurately submit asset and income and private interests declarations in accordance with the procedures stipulated in the Law on Anti-Corruption and the Law on the Regulation of the Public and Private Interests and Prevention Conflict of Interest in Public Service.

Article 53.Restrictions on civil rights of judges

53.1.Depending on the basic principles of the independence of the judiciary power, the impartiality and inviolability of the judge, the following restrictions shall be established on the private or civil rights of the judge:

53.1.1.to belong in a political party;

53.1.2.to express his/her position on political and religious issues to political parties, other non-governmental organizations and citizens;

53.1.3.to leave or stop official duties in order to settle labor disputes.

53.2.If a judge will be a candidate for political election from a political party, coalition, or independently, he/she shall submit his/her request to the General Council before January 1st of the given election year and be released from the position of judge.

53.3.If a judge requests to work as a judge again after being released from the position of a judge upon participating in political activities in accordance with Article 53.2 of this Law, he/she may enter the selection process for a judge three years after his release.

CHAPTER TWELVE

LIABILITIES TO BE IMPOSED ON THE JUDGES

Article 54.Liabilities to be imposed on the judges

54.1.The judge shall be subject only to the law and shall be punished according to the law if it is violated.

54.2.The disciplinary sanctions shall be imposed on judges only in accordance with the grounds and procedures specified in this Law.

54.3.The state shall take responsibility for the damages caused to individual and legal entities due to errors of the professional activities and violations of judges in accordance with the provisions of the Civil Code.

Article 55.Disciplinary violations of judges

55.1.The Disciplinary Committee shall impose disciplinary sanctions on judges who has violated the prohibited, restricted, and mandated regulations specified in Articles 50, 51.1, 52, and 53 of this Law /hereinafter referred to as "disciplinary violations"/.

Article 56.Disciplinary sanctions to be imposed on judges

56.1.If a judge commits a disciplinary violation, the Disciplinary Committee shall impose one of the following disciplinary sanctions on the judge:

56.1.1.closed warning;

56.1.2.open warning;

56.1.3.to reduce the salary by up to 20 percent for up to six months;

56.1.4.to suspend the powers of a judge for up to three months and instruct to attend training;

56.1.5.to dismiss.

56.2.If one year has passed since the discovery of the disciplinary violation and two years have passed since the commitment of the disciplinary violation, other than those to be imposed a sanction specified in sub-paragraph 56.1.5 of this Law, the judge may not be imposed a disciplinary penalty on the judge.

56.3.If two years have passed since the discovery of the disciplinary violation and five years have passed since the commitment of the disciplinary violation to be imposed a sanction specified in sub-paragraph 56.1.5 of this Law, the judge may not be imposed a disciplinary penalty on the judge.

56.4.When a disciplinary case is initiated against a judge, the counting of the status of limitation specified in paragraphs 56.2 and 56.3 of this Law shall be stopped.

56.5.During the period of punishment specified in sub-paragraph 56.1.4 of this Law, the judge shall be paid 50 percent of his official position salary.

56.6.In determining and counting the period specified in this Law, the principles specified in the Chapter Eighth of the Civil Code shall be followed.

56.7.Disciplinary sanctions shall be imposed on the judge according to the nature and extent of the disciplinary violation, seriousness and lightness of the violation, consequences, personal behavior of the judge and other circumstances.

56.8.The Disciplinary Committee shall make a decision regarding the resignation of the judge in case of the following reasons:

56.8.1.committed more than 10 times violations punishable under sub-paragraphs 56.1.1 and 56.1.2 of this Law, or committed more than five times violations punishable under sub-paragraphs 56.1.3 and 56.1.4 of this Law and received disciplinary punishment;

56.8.2.the decision of the court on finding guilty and imposing criminal liability has entered into force.

56.9.Disciplinary Committee shall present to the President if the judge is dismissed.

Article 57.Imposing disciplinary punishment on judges

57.1.Judges who have committed the disciplinary violations specified in this Law shall be subject to the following disciplinary punishments in accordance with Article 56.7 of this Law:

57.1.1.closed warning or open warning for violations specified in sub-paragraphs 50.1.5, 50.1.21, 50.1.34, 50.1.35, 50.1.36, 50.1.37, 50.1.38, and 50.1.40 of this Law;

57.1.2.closed warning or open warning, or reduction of the amount of salary up to 20 percent per month for violations specified in sub-paragraphs 50.1.13, 50.1.14, 50.1.20, 50.1.25, 50.1.29, 50.1.32, 50.1.33, 51.1 of this Law;

57.1.3.open warning or reduction of the salary by up to 20 percent for up to six months for violations specified in sub-paragraphs 50.1.3, 50.1.4, 50.1.9, and 50.1.28 of this Law;

57.1.4.open warning or suspension of the judge's powers for up to three months and instruct him to attend training for violations specified in sub-paragraphs 50.1.18 and 50.1.19 of this Law;

57.1.5.open warning or reduction the salary by up to 20 percent for up to six months, or suspension of the judge's powers for up to three months and order him to attend training for violations specified in sub-paragraphs 50.1.22, 50.1.26, and 50.1.31 of this Law;

57.1.6.reduction of the salary by up to 20 percent for up to six months, or suspension of the judge's power for up to three months and order him to attend training for the violations specified in sub-paragraphs 50.1.15, 50.1.17, 50.1.30, and 53.1 of this Law;

57.1.7.a closed warning, or an open warning, or a salary reduction of up to 20 percent for up to six months, or suspension of the powers of a judge for up to three months, to order the judge to attend training, or to dismiss the judge for the violations specified in sub-paragraphs 50.1.6, 50.1.10, 50.1.12, 50.1.23, 50.1.39, and 52.1 of this Law;

57.1.8.reduction of the salary by up to 20 percent for up to six months, or suspension of the judge's power for up to three months, order the judge to attend training, or dismiss the judge for the violations specified in sub-paragraphs 50.1.8, 50.1.16, and 50.1.24 of this Law;

57.1.9.suspension of power of the judge for up to three months, instruct him to attend training, or dismiss him for violations specified in sub-paragraphs 50.1.7, 50.1.11, and 50.1.27 of this Law; and,

57.1.10.dismissal for violations specified in sub-paragraphs 50.1.1 and 50.1.2 of this Law.

CHAPTER THIRTEEN

LEGAL STATUS OF REPRESENTATIVE OF CITIZENS IN COURT

Article 58.Powers of the representative of citizens of the court

58.1.Pursuant to paragraph 2 of Article Fifty-Two of the Constitution of Mongolia, the first-instance court shall involve a representative of citizens in the collective decision making of cases and disputes through first instance procedure.

58.2.Representatives of citizens shall participate in the first instance court hearings for adjudicating the cases and disputes in accordance with the procedures provided by law.

58.3.Before the court trial, the representative of citizens shall take an oath to respect human rights, freedom, justice, and the law, and to make opinions and conclusions about cases and disputes impartially of anyone else.

58.4.The General Council shall approve the oath-taking procedure specified in Article 58.3 of this Law.

Article 59.Requirements for the representative of citizens

59.1.The representative of citizens shall meet the following requirements:

59.1.1.to be a citizen of Mongolia between the ages of 25 and 60 with full legal capacity;

59.1.2.to permanently reside in the jurisdiction of the given court of first instance; and,

59.1.3.to have no criminal record.

Article 60.Prohibitions in the activities of the representative of citizens

60.1.The representative of citizens participating in adjudication proceedings of the cases and disputes shall be prohibited from:

60.1.1.leaving the court trials or failing to be attended without a valid reason;

60.1.2.failure to observe court procedural order;

60.1.3.meeting with the participant of the case, attorney or representative;

60.1.4.collecting evidence about the case;

60.1.5.disclosure of the information related to state and official secrets, organizational secrets, and personal sensitive information entrusted to him/her;

/In this sub-paragraph, the term "official, organizational, and personal secrets" was amended according to "official secret, organizational secrets, and sensitive personal information" by the law as of December 17, 2021, and will be enforced from May 1, 2022/

60.1.6.providing information about the case to the mass media.

60.2.The General Council shall supervise the implementation of the procedures specified in Article 60.1 of this Law, and the person who has violated them shall be deprived of the right to be elected as a representative of citizens.

60.3.It shall be prohibited to elect political or special public officials as the representative of citizens.

Article 61.Impartiality of the representative of citizens

61.1.Judges, prosecutors, attorneys, participants in the case and other persons shall be prohibited from influencing representative of citizens in any way.

61.2.In the event that the situation specified in Article 61.1 of this Law is deemed to have occurred, the representative of citizens shall file a statement of the influence as stipulated in this Law, and the format of the statement of the influence shall be approved by the General Council.

61.3.Judges and court officials shall be prohibited from disclosing the names of representatives of citizens selected in accordance with Article 63.3 of this Law before the court hearing.

Article 62.List of names of representatives of citizens

62.1.The General Council shall approve the procedure on selection of representatives of citizens and general plan for training them.

62.2.The list of names of representatives of citizens shall be compiled in the following manner:

62.2.1.to submit a request to be obtained the names of representative of citizens by the General Council to the state administrative body in charge of state registration based on the standard number approved by taking into account the local population;

62.2.2.to randomly select the names of representatives of citizens electronically from the unified state registration database by the state administrative body in charge of state registration and submit them to the General Council within 21 days with relevant information;

62.2.3.to the verify whether the names submitted by the General Council meet the requirements set forth in the law by the administration office of First Instance courts together with the local administrative organization, and the list of names of representatives of citizens shall be confirmed by the the head of the administration office of the court.

62.3.The list of names of representatives of citizens issued in accordance with paragraph 62.2 of this Law shall be valid for two years.

62.4.Three months prior to the end of the period specified in Article 62.3 of this Law, the court administration shall prepare the list of names of representatives of citizens.

62.5.The court administration shall check whether the citizen included in the list of representatives of citizens meets the requirements set forth in Article 59 of this Law and create a database.

62.6.The General Council shall regularly issue research, analysis and quantitative data on the participation of representatives of citizens.

Article 63.Selection of the representative of citizens

63.1.Selection of the representative of citizens from the list of representatives of citizens specified in Article 62.2 of this Law shall be organized by the court administration.

63.2.As soon as the date of the court trial is announced, a sub-list of names of 10 persons for each court trial shall be randomly selected and approved by the head of the court administration.

63.3.From the sub-list of names specified in Article 63.2 of this Law, representatives of the citizens shall participate in court hearings in an electronically ranked order.

63.4.Citizens selected as representatives of citizens participating in court hearings shall be notified by letter or by telephone at least five working days before the court hearing, and documents shall be attached to the case.

63.5.If a representative of citizens who has received the court notification specified in paragraph 63.4 of this Law is unable to attend the court trial, he/she shall immediately notify the court administration.

63.6.The court administration shall deliver a notice to the employer of the citizen who has been selected as a representative of citizens.

63.7.The employer specified in paragraph 63.6 of this Law shall provide paid leave to the employee who participates as a representative of citizens in the court hearing and undertakes not to interfere in any way.

Article 64.Rejection of a representative of citizens

64.1.If a request of withdrawal is submitted by the representative of citizens participating in the court proceedings of a case or dispute himself or by other participants, the court panel shall decide it and issue a resolution.

Article 65.Providing information to the representative of citizens

65.1.The court administration shall inform representatives of citizens about their rights, duties, liabilities, and procedural order of court trial before they participate in the court trial.

65.2.The General Council shall develop a manual for representatives of citizens and submit it to the court, and the court administration shall provide the representatives of citizens with a manual.

65.3.The General Council and the court administration shall be responsible for promoting the citizens of the importance of participating as a representative of citizens in the court trial.

Article 66.Participation of representative of citizens

66.1.Up to three representatives of citizens shall participate in the court trial where cases and disputes shall be reviewed by a court panel at the first instance.

66.2.If the representatives of citizens specified in paragraph 63.3 of this Law is unable to participate in the court trial, the citizen who is ranked next among the reserve of the representatives of citizens shall participate in.

66.3.A representative of citizens shall exercise the following powers when participating in court hearings of the first instance court resolving cases and disputes:

66.3.1.to participate in the analysis of evidence by asking clarifying questions during the court session;

66.3.2.with the permission of the presiding judge, to ask questions from the defendant, litigant, case participant, their representative, attorney, prosecutor, witness, expert;

66.3.3.to evaluate the facts of the case and make a written conclusion about the guilt of the defendant or the litigant;

66.3.4. other powers provided by the law.

66.4.If the representative of citizens is not able to make the conclusion specified in sub-paragraph 66.3.3 of this Law in writing, may record it in the minutes of the court trial and make the conclusion orally.

66.5.The representative of citizens shall read and be heard the conclusion specified in sub-paragraph 66.3.3 of this Law at the court hearing aloud.

66.6.The court panel when making a decision shall take into account the opinion of the representative of citizens.

66.7.The court panel shall write the content of the representative of citizens's opinion in the determining/defining part of the court decision, and the grounds in respect to such conclusion shall be clearly reflected in the grounding part of the decision.

66.8.In the case provided by law, the appellate court shall take into account the opinion of the representative of citizens when reviewing cases and disputes, and shall reflect it in its decision in accordance with paragraph 66.7 of this Law.

66.9. If the court panel does not comply with the provisions of paragraph 66.7 of this Law, it shall be grounds for imposing disciplinary punishment on the judge.

Article 67.Provision of working conditions and remuneration to representatives of citizens

67.1.The court administration shall be responsible for the working conditions of the representative of citizens.

67.2.Fees of representative of citizens, and expenses of official appointments and travel shall be paid from the budget of the court.

67.3.The General Council and the Cabinet member in charge of finance and budget matters shall jointly approve the procedure for issuing fees and expenses of official appointments and travel to representatives of citizens.

CHAPTER FOURTEEN

GENERAL COUNCIL, ITS COMPOSITION, STRUCTURE AND ORGANIZATION

Article 68.Administration of the judiciary

68.1.The Administration of the judiciary consists of the General Council, its office, the court administration of all levels of courts and other units.

68.2.The main function of the Administration of the judiciary shall be to ensure the independence of the courts and the impartiality of the judges, to provide information, research, financial, economic, technical and organizational assistance and working conditions for the judges and court members in adjudicating cases and disputes.

Article 69.Principles of Administration of the judiciary

69.1.The following principles shall be followed in the Administration of the judiciary activities:

69.1.1.to be independent and impartial;

69.1.2.prohibition to interfere or influence judicial proceedings;

69.1.3.to be qualified and stable;

69.1.4.prompt and accessible court services;

69.1.5.to be open and transparent.

Article 70.The General Council and its functions

70.1.According to the Constitution of Mongolia, the General Council is the central administrative body of the court with the objective of ensuring the impartiality of the judge, the independence of the court, the selection of judges from among the lawyers, and the protection of their interests.

70.2.The General Council shall exercise the following functions without interfering the adjudication proceedings of courts and judges:

70.2.1.to ensure the independence of the courts;

70.2.2.to provide the court with human resources;

70.2.3.to ensure the impartiality of judges and protect their legal interests;

70.2.4.to ensure financial and economic security of the court;

70.2.5.to provide with information.

70.3.The General Council shall use a stamp with a symbol, a stamp made according to the prescribed model, and an official letterhead.

Article 71.Ensuring the independence of the courts

71.1.The General Council shall exercise the following powers to ensure the independence of the courts:

71.1.1.to study the issue of improving the system and structure to ensure the independence of the court and the impartiality of the judge, prepare proposals and draft decisions and send them to the relevant authorities;

71.1.2.to determine the location of courts other than the Supreme Court, prepare proposals for the establishment, reorganization, and liquidation of courts and forward them to the Government in consultation with the Supreme Court, and organize the implementation of decisions;

71.1.3.to submit proposals to the State Great Khural on determining the positions of judges of courts other than the Supreme Court and the salary of judges of all levels of courts;

71.1.4.to develop drafts of laws, other legal acts, and policy documents to be followed within the scope of judicial power, to give vote, and to submit them to authorized persons and legislators;

71.1.5.to enforce the relevant standards, rules and procedures within the scope of their competence;

71.1.6.to provide the court with the organizational conditions for normal and continuous activities;

71.1.7.to establish, reorganize, liquidate the court administration, establish the organizational structure, maximum number of employees, and general rules of operation;

71.1.8.to provide professional and methodological assistance to the court administration and special court archives, to monitor and evaluate the activities;

71.1.9.to determine the results of the work of the court administration, the schedule of duties of its head, and to evaluate the quality and results of work performance;

71.1.10.manage the administrative of court administration and cooperate with the Civil Service Council in this regard;

71.1.11.to approve and implement a unified policy for the introduction of information technology, court services, and new forms of management in the operation of the court administration;

71.1.12.development of a unified system of registration and control of adjudication proceedings, software for organizing court hearings electronically, and ensuring their normal operation;

71.1.13.to analyze the status of the court administration in implementing its case movement management functions, approve and implement unified methodologies and formats;

71.1.14.to approve the procedures for audio, audio-visual recording of the court session and its archiving, and organizing the remote or electronic participation of the participant in the court session in accordance with the law;

71.1.15.to provide representatives of the citizens of the court with the necessary information and inquiries in exercising their rights and duties as prescribed by law, to organize work to prevent from any influence, to monitor actions prohibited by the representative of citizens, and to refer to the relevant authorities in the event of such actions;

71.1.16.to ensure the organization of mediation activities in court;

71.1.17.to receive and resolve proposals, petitions and complaints submitted by person and legal entities within the scope of their competence, to inspect and monitor the activities of the court administration in this regard;

71.1.18.to organize court transport, communication, data analysis, software, their use, protection, repair and maintenance services;

71.1.19.to provide technical equipment and experts to use it, and organize repair and maintenance services;

71.1.20.to connect courts and court administrative organizations to the unified court network and provide with technical conditions for its use;

71.1.21.to create a healthy and safe environment in the courthouse, approve and enforce relevant rules and procedures;

71.1.22.to timely organize the measures to ensure the safety of the judge and his/her family members;

71.1.23.in accordance with international treaties and legislation of Mongolia, as well as the procedures approved by the Government, to establish inter-organizational agreements and develop cooperation with organizations of the same level of foreign countries or international organizations on matters of their competence;

71.1.24.to create a case movement monitoring and information system, uploading court hearing dates of all levels of courts in a unified system;

71.1.25.to carry out case movement management by monitoring and analyzing the average processing time, indicators, the age of the cases in the adjudication proceedings, and the movement of specific cases, and by using other methods specified by law;

71.1.26.to monitor whether cases, claims, complaints, requests are allocated as well as judges and court members are appointed in accordance with established procedures, inform thereto public every quarter, and provide the information to the person who requested it;

71.1.27.to develop a platform for electronic court settlement or software for exercising the court hearing via electronic form, of disputes related to electronic commerce, contracts and agreements made in the electronic environment, internet services, disputes regarding copyright and other related rights of works published for the first time on the internet, disputes related to violation of the copyright of works published or distributed on the internet or other related rights, disputes related to internet domain names, its possession, and violations thereof, where they are specifically stated in the law;

71.1.28.other powers provided by the law.

71.2.The procedure on performing duties on maintaining order in court hearings, ensuring the safety of judge, court panel, and participants in court hearings, escorting the accused, bringing coercively the accused, defendants, witnesses, litigants, and case participants who do not appear when summoned by the court, searching for accused, defendants, and convicts who have escaped from court by the police organization shall be jointly approved by the Head of the General Council and the Cabinet member in charge of legal affairs.

Article 72.Providing courts with human resources

72.1.The General Council shall exercise the following powers to provide the court with human resources:

72.1.1.to manage court's human resource movement based on the human resource registration, research, planning, distribution, court orders and research;

72.1.2.to organize registration and selection of candidates for judges in accordance with the procedures stipulated in this Law;

72.1.3.to submit to the President a proposal for the appointment, transfer, or dismissal from position of a judge;

72.1.4.to make a decision on working in rotation of the judge;

72.1.5.to develop, approve, and organize the implementation of the procedure on evaluating conditions and requirements to be set for judges and selecting them;

72.1.6.to organize training for judges and court administrative staff and to improve their qualifications in cooperation with the Supreme Court and training institutions;

72.1.7.to establish and implement criteria and procedures for determining the level of official business skills and qualification level of employees of judicial administrative organizations;

72.1.8.according to laws and procedures, to award ranks to court administrative officers, determine them for state awards and honorary titles, approve and enforce court award procedures;

72.1.9.to appoint and dismiss the executive secretary of the General Council /hereinafter referred to as the "Executive Secretary"/ and the head of the court administration other than the Supreme Court;

72.1.10.to grant a leave to the judge if he/she will have medical treatment, study, scientific research, and research work for more than three months;

72.1.11.other powers provided by the law.

Article 73. Ensuring the impartiality of judges and protecting their legal interests

73.1.The General Council shall exercise the following powers to ensure the impartiality of judges and protect their legal interests:

73.1.1.to implement the work of protecting the rights and legal interests of judges stipulated in this Law, and to take measures in case of violation;

73.1.2.to take relevant measures and prevent from violations in the event of a situation affected the impartiality and inviolability of the judge, or being affected the rights and legal interests of the judge;

73.1.3.to organize the prevention of corruption and conflicts of interest in accordance with the law;

73.1.4.other powers provided by the law.

73.2.If the President, the State Great Khural, and the Government have made a decision that violated or with nature of losing the independence of the judiciary and impartiality of judges, or the President, the Prime Minister, a member of the State Great Khural, a member of the Government, the State Prosecutor General, the Chief Justice of the Supreme Court made actions that violated or with nature of losing the independence of the court and impartiality of the judge, the General Council shall immediately convene and submit a proposal to the Supreme Court for filing a request to the Constitutional Court. According to paragraph 1 of Article Sixty-six of the Constitution of Mongolia, the Supreme Court shall submit a request to the Constitutional Court for resolution.

73.3.In the event that a person, other than those specified in Article 73.2 of this Law, made a decision or conducted an action that violated the independence of the court or the impartiality of the judge, or violated the rights and interests of the judge, the General Council shall immediately convene and take necessary measures in accordance with the law including to submit requests, complaints, claims, and statements in order to prevent or stop the said decision or action, and protect from it.

73.4.If a judge files a complaint or request to the General Council regarding the violation of a judge's right and interest or loss of impartiality, the matter shall be addressed to the relevant entity by the General Council by filing a complaint or claim on behalf of the judge in order to be resolved in accordance with the procedure prescribed by law.

Article 74.Ensuring financial and economic security of the court

74.1.The General Council shall exercise the following powers to ensure the financial and economic security of the court:

74.1.1.to prepare operational and investment budgets for courts other than the Supreme Court in accordance with law on budget and submit them in accordance with the procedures specified in Article 46.8 of this Law;

74.1.2.to allocate the court budget according to its purpose and organize efficient performance of the budget;

74.1.3.to organize work to ensure economic, financial, labor, working conditions and other guarantees of the court, and if necessary, to present and resolve issues such as economic, social security, materials and hardware to the Government;

74.1.4.to plan investment sources for the construction and repair of courthouses, court trial rooms and other buildings and facilities that meet the standards for the normal conduct of court adjudication proceedings, implementation of the adversarial principle, keeping them open to the public, and ensuring safety, ordering and developing drawings and budgets, and ensuring the execution thereto;

74.1.5.to organize, review, and manage the financial, economic, and accounting work of courts other than the Supreme Court;

74.1.6.adopt and implement a unified policy for providing courts with advanced techniques and equipment;

74.1.7.organize the registration, inventory, possession, use and protection of court property and ensure the integrity of property;

74.1.8.other powers provided by the law.

74.2.Courts and judges shall be provided with premises, reception and court trial rooms, transport, communications, information and special purpose devices, furniture, equipment, and security necessary for impartial conduct of their activities, and their standards and conditions shall be determined by the General Council.

Article 75.Providing with information

75.1.The General Council shall exercise the following powers to provide with information:

75.1.1.to produce statistical information on court administrative activities;

75.1.2.to issue, study and process consolidated financial reports and news of the court;

75.1.3.to study the practice of court administration;

75.1.4.to create of electronic and other forms of court databases;

75.1.5.to create a fund of official needs, such as legal theory and practical research and manuals, and organize regular updating and use;

75.1.6.to regularly provide the court with the official version of Mongolian laws and organize the registration, movement, and reference of legislative acts;

75.1.7.other powers provided by the law.

75.2.The General Council and the Court administration shall provide the public with information as follows:

75.2.1.to regularly inform the public on the website and through mass media about the implementation of the power to ensure the independence of the court, to provide the administrative management of the court, to select the judge, and to protect the rights and legal interests of the judge;

75.2.2.to compile and print court decisions and resolutions and regularly upload them to the website;

75.2.3.to regularly update information on the court's website;

75.2.4.to organize information and reference services;

75.2.5.to organize the work of obtaining public comments on court activities in written and/or electronic form.

Article 76.Composition and term of office of the General Council

76.1.The General Council shall consist of 10 full-time members and they shall serve only once for a period of four years.

76.2.As part of the General Council, one justice from the Supreme Court, two from the appellate court and the court of first instance respectively shall be selected by secret ballot from the Assembly of All Judges, and the other five members shall be appointed by the State Great Khural on the basis of open selection.

/The part " ... the other five members shall be appointed by the State Great Khural on the basis of open selection" in this paragraph was suspended by the Constitutional Court's Decision No. 3 dated as of April 28, 2021, and this Constitutional Court's Decision No. 3 dated as of April 28, 2021 was annulled by the Constitutional Court's Decision No. 2 dated as of September 24, 2021/

76.3.The judge member who will be in part of the General Council shall have worked as a judge for at least 10 years and have no disciplinary punishment; the other member shall be a Mongolian citizen who has a higher legal specialization, has worked as a lawyer for at least 10 years, has not reached the maximum age limit for public service, and has not been worked a judge and has not been held a political office or political party leadership position for the last five years, and has no criminal records.

76.4.The head of the General Council shall be elected only once by majority of votes through the secret ballot from among the members for a period of one year. The Head of the General Council shall be elected within 14 days after the vacancy of the Head of the General Council.

76.5.The term of office of a member of the General Council begins when the member is selected and appointed, and ends when the next member is selected and appointed.

76.6.The term of office of a re-elected or appointed member of the General Council shall be four years.

76.7.If the term of office of a member of the General Council expires before the time prescribed by law, another person shall be re-elected or re-appointed in accordance with the procedure specified in this Law.

76.8.Upon the completion of two-thirds of the members of the General Council, it shall be considered to be valid composition to exercise the power.

76.9.A member of the General Council shall be entitled to a salary and other necessary provisions commensurate with the rank and rank of a high-ranking public official and equivalent official, and shall be provided with guarantees stipulated by law.

76.10.The State Great Khural shall determine the rank, salary and increment of the non-judge member of the General Council.

Article 77.Procedure for nomination, appointment and selection of members of the General Council

77.1.The State Great Khural shall openly nominate and appoint a non-judge member of the General Council in the following procedure:

77.1.1.The Head of the General Council shall notify the Standing Committee and the public at least 120 days before the expiration of the term of office of a non-judge member of the Council, or within three working days after the termination of the term of office of a member prior to the expiration term;

77.1.2.At least 90 days before the expiration of the term of office of a member of the General Council, or within 14 days after the termination of the term of office of a member prior to the expiration term, if these conditions are arisen during the recess of the session of the State Great Khural, within 14 days after the start of its regular session, the Standing Committee publicize the announcement of the selection of a candidate for the General Council member in the media;

77.1.3.A citizen within 21 days after publicizing selection announcement to the public, submit candidacy request along with the following documents to the Standing Committee:

77.1.3.a.description of work to be done as a member of the General Council and reasons for nomination;

77.1.3.b.resume of a civil servant;

77.1.3.c.presentation of professional activity;

77.1.3.g.social insurance book or similar documents;

77.1.3.d.documents proving that the requirements specified in paragraph 76.3 of this Law have been met.

77.1.4.within three working days after the Standing Committee receives the candidate's documents, upload information other than personal secret information on the website of the State Great Khural;

/In this sub-paragraph, the term " personal secrets" was amended according to "personal information" by the law as of December 17, 2021, and will be enforced from May 1, 2022/

77.1.5.The Standing Committee will receive questions and suggestions from interested parties to the candidate within 14 days after posting the information specified in sub-paragraph 77.1.4 of this Law, and questions and suggestions without names and addresses shall not be registered;

77.1.6.The Standing Committee shall establish a Working Group with function of impartially organizing the selection process within 21 days after publicizing the announcement specified in sub-paragraph 77.1.2 of this Law.

77.2.The working group shall consist of 11 members with representatives of the majority and minority in the State Great Khural, the President, the Government, the National Human Rights Commission, the Mongolian Lawyer's Bar Association, the Association of Mongolian Advocates, legal training and research organizations, and law universities and institutionst, and the working group will be headed by a member of the State Great Khural appointed by the ordinance of the Chairman of the State Great Khural.

77.3.The working group shall organize a selection process within 60 days after the announcement specified in sub-paragraph 77.1.2 of this Law, and recommend the candidate who best meets the requirements for a member of the General Council to the State Great Khural.

77.4.The working group shall organize the selection in the following procedure:

77.4.1.to register and publicize candidates who meet the requirements of this Law;

77.4.2.to distribute the candidate to the members of the working group in a balanced manner and appoint a presenting member;

77.4.3.the presenting member compiles information by studying the candidate's documents, proposals submitted by the public, interviewing with the candidate and other persons, and writes a detailed report on whether the candidate meets the requirements for the General Council member;

77.4.4.the members of the working group vote secretly based on the report of the presenting member and other relevant facts and information;

77.4.5.according to the results of the voting specified in sub-paragraph 77.4.4 of this Law, the candidate who received the majority vote of the members of the Working Group shall be nominated in order of votes through vacancy quantities, along with the two candidates who received the next majority vote, and submit the report to the Standing Committee within three working days.

77.5.After receiving the report submitted in accordance with sub-paragraph 77.4.5 of this Law, the Standing Committee shall perform the following actions:

77.5.1.to upload the report containing information other than personal secret information within three working days on the website of the State Great Khural;

/In this sub-paragraph, the term " personal secrets" was amended according to "personal information" by the law as of December 17, 2021, and will be enforced from May 1, 2022/

77.5.2.to announce the appointment public hearing date within five working days after posting the report in accordance with sub-paragraph 77.5.1 of this Law;

77.5.3.within 14 days after the report is posted, to receive questions and suggestions from interested parties to candidates, and questions and suggestions without names and addresses shall not be registered;

77.5.4.within 14 days after the expiration of the period stipulated in sub-paragraph 77.5.3 of this Law, to organize the hearing of the appointment in accordance with the law.

77.6.Within five working days after the appointment hearing specified in sub-paragraph 77.5.4 of this Law, , the opinion and conclusion of the Standing Committee on whether to appoint a candidate as a member of the General Council or not shall be presented to the general session of the State Great Khural.

77.7.The candidate shall be appointed as a member of the General Council by majority vote of the members who attended the general meeting of the State Great Khural.

77.8.If a candidate is refused to be appointed as a member of the General Council at the General Session of the State Great Khural, the person who received the next highest number of votes among the candidates who received the majority of the votes of the members of the working group shall be nominated to the State Great Khural in accordance with sub-paragraph 77.4.5 of this Law.

77.9.If there is no candidate with the majority of votes of the members of the working group under the conditions specified in sub-paragraph 77.8 of this Law, within five working days, the Standing Committee shall publicize the announcement of the selection process through the media, and within 90 days, the selection process shall be conducted again according to the procedure specified in this article.

77.10.Candidate who rejected by the State Great Khural shall not be nominated again.

77.11.Procedures related to the selection of non-judge members of the General Council shall be approved by the Standing Committee in accordance with this Law and posted on the website of the State Great Khural.

/Paragraph 77.1 to 77.11 of Article 77 of this law was suspended by the Decision No.3 of the Constitutional Court dated as of April 28, 2021, and the Decision No.3 of the Constitutional Court dated as of April 28, 2021 was invalidated by the Decision No.2 of the Constitutional Court dated as of September 24, 2021/

77.12.The Assembly of All Judges nominates and selects a judge member of the General Council in the following procedure:

77.12.1.the head of the General Council shall inform the public through the media at least 90 days before the expiration of the term of office of the judge member of the council, or within five working days after the termination of the term of office of the member prior to expiration of the term;

77.12.2.at least 60 days before the expiration of the term of office of a judge member of the General Council, or within 14 days after the termination of the term of office of a member prior to expiration of the term, the date of the Assembly of all judges shall be announced in accordance with paragraph 20.4 of this Law and informed through the media the public, and organize the Assembly of All Judges after 45 days from the date of informing publicly,;

77.12.3.Within 21 days after publicizing the date of the the Assembly of All Judges, the judge shall submit his/her application for nomination to the General Council along with the following documents to the Working Group specified in Article 20.9 of this Law:

77.12.3.a.description of work to be done as a member of the General Council and reasons for nomination;

77.12.3.b. introduction of professional activities.

77.12.4.within three working days after the working group receives the documents, upload the information, except the personal sensitive information, on the website of the General Council;

/This sub-paragraph was amended by the law as of December 17, 2021/

77.12.5.Within 14 days after posting the information, the Working Group will receive questions and suggestions from interested parties to the candidate, and questions and suggestions without names and addresses shall not be registered.

77.13.The candidate shall present the work to be done and the reasons for his/her candidacy at the Assembly of All Judges, and shall answer the participant's questions.

77.14.The sequence of candidates introductions shall be determined randomly, and each candidate shall be given the same time to make introductions and answer questions submitted in accordance with sub-paragraph 77.12.5 of this Law.

77.15.Participants in the Assembly of All Judges shall cast their votes secretly on the basis of general, free, equal and direct suffrage, and voting may be conducted electronically.

77.16.Candidates who received the majority of votes of the participants in the Assembly of All Judges shall be ranked in the order of votes and considered elected as members of the General Council according to the number of vacancies. If none of the candidates received a majority of the votes of the participants, a new vote shall be held and the candidate who received the most votes shall be considered elected.

77.17.The working group shall, within three working days after the end of the voting specified in Article 77.16 of this Law, make the decisions and minutes of the the Assembly of All Judges and submit them to the General Council.

77.18.It shall prohibited to elect a judge as a member of the General Council who has not applied within the period specified in sub-paragraph 77.12.3 of this Law.

77.19.In the process of nomination and selection of a judge as a member of the General Council, ensuring the impartiality, openness and transparency of the judge, and other matters necessary to solve the problems that have arisen shall be regulated in accordance with procedural order specified in Article 20.3 of this Law.

Article 78.Office of the General Council

78.1.There shall be an office responsible for providing assistance to the members of the General Council in performing their duties and ensuring the conditions for the normal functioning of the General Council. The Executive Secretary shall provide day-to-day management of the office.

78.2.The General Council shall determine the organizational structure and staff of the office within the approved budget, and shall regulate the operation of the office by rules.

78.3.The office of the General Council consists of specialized units that carry out the functions specified in this Law.

78.4.A special archive of civil and administrative affairs shall work at the General Council.

Article 79.Meeting of the General Council and decision

79.1.The main form of activity of the General Council shall be the meeting of the Council (hereinafter referred to as "Meeting") and the decision of the meeting shall be in the form of a resolution.

79.2.The meeting shall be held at least twice a month, and with the presence of the majority of the members, the issues shall be discussed and open voting shall be held, and the decision shall be made by the majority of the participants in the meeting.

79.3.The General Council shall determine the order of its meetings.

79.4.An extraordinary meeting of the General Council shall be convened at the initiative of the Head of the General Council or at the request of three or more members.

79.5.The resolution specified in paragraph 79.1 of this Law shall come into force upon signing and sealing by the Head of the General Council.

79.6.If the decision of the General Council shall not be accepted, a complaint shall be filed with the administrative cases court.

79.7.The General Council shall upload the decisions made in connection with the finding and selecting the judges from amongst the lawyers, ensuring the independence of the court and the impartiality of judges from time to time, and the work report every year on its website.

Article 80.Powers of a member of the General Council

80.1.A member of the General Council shall exercise the following powers:

80.1.1.to be responsible for the functions of the General Council;

80.1.2.to submit a proposal to discuss certain issues at the meeting;

80.1.3.to participate in the meeting with the right to interrupt;

80.1.4.to ensure the implementation of the decisions of the General Council;

80.1.5.to demand to convene the meeting;

80.1.6.to receive and familiarize with relevant documents at least three working days before the meeting;

80.1.7.if there is a valid reason to participate in the meeting in electronic form, or to submit an opinion in writing;

80.1.8.other powers specified by the law.

Article 81.Powers of the Head of the General Council

81.1.The Head of the General Council shall exercise the following powers in addition to Article 80 of this Law:

81.1.1.to coordinate the activities of the General Council;

81.1.2.preside over the General Council and represent it in internal and external relations;

81.1.3.communicate with the President, the State Great Khural, the Government, other related organizations and officials on issues related to his/her power;

81.1.4.to express the position of the General Council at the General session of the State Great Khural Standing Committee meetings, and Government meetings, to be resolved budget and other issues;

81.1.5.to schedule and preside over the meeting, to prepare for the meeting and organize work to ensure the implementation of decisions;

81.1.6.to supervise the implementation of the decisions of the General Council;

81.1.7.to coordinate the activities of the Office and administration of the courts other than the Supreme Court;

81.1.8.to nominate and impose disciplinary sanctions on the executive secretary and head of the administration of courts other than the Supreme Court;

81.1.9.to provide general management of the Office;

81.1.10.to annually present to the Supreme Court the activity report of the General Council related to ensuring the impartiality of judges;

81.1.11.to present the work report of the General Council to the Assembly of All Judges;

81.1.12.to grant the rank of civil administrative servant of the court in accordance with the relevant procedures;

81.1.13.other powers specified by the law.

81.2.The head of the General Council shall be the general budget manager of the office of the General Council, aimag, capital city, soum or inter-soum, district and specialized courts, and other judicial administrative organizations.

81.3.The head of the General Council has the same guarantees and provision of powers as a member of the Government when exercising his/her powers.

81.4.In the absence of the head of the General Council, his/her duties shall be performed by the oldest member.

81.5.The head of the General Council issues ordinances and orders within his/her powers.

Article 82.Duties and prohibitions of the head and members of the General Council

82.1.The head and members of the General Council shall be obliged torespect human rights and freedoms, be fair and impartial, be objective, uphold the law, prevent conflicts of interest, withdraw if the situation arises, and strictly observ the Code of Conduct for members of the General Council.

82.2.The head and member of the General Council shall be prohibited from doing the followings:

82.2.1.to be nominated as a judge during the term of office of the General Council and within one year after the end of that term;

82.2.2.to create a conflict of interest or participate in decision-making related to a person related to him;

82.2.3.to disclose secrets discovered or entrusted to him or her during the performance of official duties or use it for the purpose of satisfying personal interests;

82.2.4.to conduct political activities;

82.2.5.to influence and interfere with judicial proceedings and the impartiality of judges;

82.2.6.to divulge the candidate's selection, evaluation and examination documents in advance, express a position about a specific candidate in the media;

82.2.7.to change the evaluation of the candidate without reason;

82.2.8.to influence the head and members of the disciplinary committee;

82.2.9.to demand to receive gifts and honors and to create any advantages for oneself in connection with the role of a member of the General Council.

Article 83.Dismissal and relieve of duty of the Head and member of the General Council

83.1.The head and member of the General Council shall be relieved of duty on the following grounds:

83.1.1.term of office has expired;

83.1.2.unable to perform official duties due to retirement pension determination age or health condition or other valid reasons;

83.1.3.made a request by himself/herself.

83.2.The head and member of the General Council shall be dismissed on the following grounds:

83.2.1.repeatedly absent from the meeting without valid reason;

83.2.2.the commission of a crime was established by a valid court decision;

83.2.3.violation of the condition of not being able to know the candidate in advance and evaluating them externally in the legal knowledge and skills test specified in paragraph 34.3 of this Law, or disclosure of the content and confidentiality of the test task;

83.2.4.seriously or repeatedly violated the paragraphs 82.1 and 82.2 of this Law, and it has become clear that is unfit to hold the position.

83.3.The petition and information about violations specified in Article 83.2 of this Law shall be submitted to the Disciplinary Committee.

83.4.The Disciplinary Committee shall decide whether to initiate a disciplinary case or not within 14 days after receiving the petition and information about the member of the General Council. If a disciplinary case is initiated, the Disciplinary Committee shall appoint an independent expert (hereinafter referred to as "expert") to examine the grounds of the petition and information.

83.5.Within 30 days after being appointed, the expert shall collect the facts and information about the violation mentioned in the petition and information, and issue a legal opinion. If deemed necessary, the period may be extended once up to 30 days.

83.6.If the expert concludes that the disciplinary violation specified in Article 83.2 of this Law is justified, the Disciplinary Committee shall immediately deliver the conclusion to the authorized person and decide whether to dismiss the member of the General Council in the following procedure:

83.6.1.the issue of dismissal of a judge member of the General Council shall be decided by holding the Assembly of All Judges in accordance with the procedure stipulated in Article 20 of this Law, and by secret vote of the majority of the participants in the Assembly of All Judges;

83.6.2.The issue of dismissing a non-judge member of the General Council shall be discussed by the Standing Committee, the opinions and conclusions shall be discussed at the general session of the State Great Khural, and the decision shall be made by the majority of the members present at the session;

83.6.3.to transfer other criminal actions or inactions to authorized organizations and officials for investigation.

83.7.If the action of violating the paragraphs 82.1 and 82.2 of this Law by the head or member of the General Council is not punishable by dismissal, the General Council shall impose closed or open warning punishment depending on the nature and extent of the violation, and the member shall not be involved in solving the problem.

83.8.The Disciplinary Committee shall approve the procedures for receiving petitions and information about violations of Articles 82.1 and 82.2 of this Law, and for initiating, investigating, and handling disciplinary cases in accordance with the principles of impartiality and objectivity.

83.9.A member of the General Council under investigation for a disciplinary violation shall enjoy the rights specified in sub-paragraphs 102.1.1 and 102.1.2 of this Law and fulfill the duties specified in paragraph 102.2 of this Law.

83.10.It shall be prohibited to dismiss or impose other disciplinary sanctions on a member of the General Council based on the content of the decision made or voted on within the scope of his powers.

Article 84.Executive Secretary of the General Council and his/her powers

84.1.The executive secretary shall be the direct administrator of the budget of the office and shall exercise the following powers:

84.1.1.to provide daily management of the office of the General Council;

84.1.2.to appoint and dismiss the staff of the General Council office in consultation with the Head of the General Council;

84.1.3.management and reporting of the budget of the office of the General Council;

84.1.4.to organize work to ensure court trial preparation and decision fulfillment;

84.1.5.other powers specified by the law.

84.2.The executive secretary shall be a citizen of Mongolia with a higher education in law, who has worked as a lawyer for at least 10 years, and who has not been held a political or political party leadership position in the last five years.

84.3.The Executive Secretary shall be appointed and dismissed by the General Council upon the recommendation of the Head of the General Council.

84.4.The Executive Secretary shall issue orders within his powers.

84.5.The Executive Secretary shall report his/her work to the General Council.

Article 85.Court administration

85.1.The court shall have an administration.

85.2.Court administration other than the Supreme Court shall report their activities to the General Council.

85.3.The General Council shall approve the structure and staff of the court administration, taking into account the workload and characteristics of the court.

85.4.The General Council shall determine the general procedure for the operation of the court administration, except for the Supreme Court.

85.5.The Court administration shall use seals, stamps, and official letterhead.

Article 86.Functions of the Court administration

86.1.The court administration shall carry out the following functions of administrative management:

86.1.1.to organize the implementation of the functions specified in Articles 71, 72, 73, 74, and 75 of this Law in that court;

86.1.2.to provide the conditions for normal day-to-day operation of the court;

86.1.3.to monitor the implementation of the internal work procedures of the court;

86.1.4.to receive and register cases, claims, complaints and requests submitted to the court;

86.1.5.to organize court documents, correspondence, mail, archive activities;

86.1.6.to organize the registration, inventory, possession, use and protection of court property and take measures to ensure the integrity of the property;

86.1.7.to store and transport material documents of the case, and to implement related decisions;

86.1.8.to produce numerical data on judgments and other proceedings of the relevant court;

86.1.9.to resolve and respond to petitions and complaints submitted by citizens and legal entities on matters not related to the adjudication proceedings in accordance with the law;

86.1.10.others grounds specified by law.

86.2.Records of court sessions can be kept using information technology.

Article 87.Powers of the Head of the Court Administration

87.1.The head of the court administration shall exercise the following powers:

87.1.1.to provide daily management of the court administration;

87.1.2.to appoint and dismiss employees of the court's administration;

87.1.3.to manage and report on the budget of the court's administration;

87.1.4.to present the work report of the court's administration to the court;

87.1.5.other powers specified by law.

87.2.The head of the court's administration shall issue an order within his powers.

87.3.It shall be prohibited to exercise the powers of the head of the court's administration by the Chief Judge or the judge.

Article 88.Officer of court administration

88.1.The judge's assistant, secretary of the court session, and the employee of the court administration shall be the officer of court administration.

88.2.The administrative officer of judiciary shall meet the following requirements:

88.2.1.to be a citizen of Mongolia;

88.2.2.to meet the conditions and requirements specified in the Law on Public Service and other laws;

88.2.3.to have no criminal record;

88.2.4.to meet ethical requirements stipulated by law;

88.2.5.to have the knowledge, education and experience to perform the duties.

Article 89.Judge's assistant

89.1.The judge shall have an assistant, and the judge's assistant shall have a legal profession and a license to practice law.