(2023.07.07-ны өдрийн орчуулга)                                                          Unofficial translation

LAW OF MONGOLIA

October 18, 2019                                Ulaanbaatar city

ON ADVOCACY

CHAPTER ONE

GENERAL PROVISIONS

Article 1.The purpose of the Law

1.1.The purpose of this Law is to regulate relations in connection with ensuring a right of citizen to receive legal assistance and to self-defense, determining legal status of advocates and advocate's professional self-governing organization, and implementing activities on advocacy and rights and duties of the advocate.

Article 2.Legislation on Advocacy

2.1.The legislation on Advocacy shall consists of the Constitution of Mongolia, Law on Legal status of the Lawyers, Criminal Procedure Code, Civil Procedure Code, Administrative Procedure Code, Law on Violation Resolving Procedure, Law on Arbitration, this Law, and other legislative acts enacted in conformity with these laws.  

2.2. If an international treaty to which Mongolia is party stipulates otherwise than this Law, the provisions of international treaties shall prevail.

Article 3.Scope of application of the Law

3.1.This Law shall apply to the relations in connection with the advocate who has a right to represent his/her client before the court.

3.2.This Law shall not apply to the lawyers engaging legal professional activities including providing oral and written advice on legal matters, making legal recommendations and conclusions/opinions, drafting documents with legal importance, representing the client before the state and other organizations, the court decision enforcement agency, and the mediation proceedings, and protecting the client's rights and legal interests except the lawyers represent the clients before the court. 

3.3.The legal status, rights, and duties of the advocate specified in this Law and the Criminal Procedure Code, the Civil Procedure Code, the Administrative Procedure Code, and the Law on Violation Resolving Procedure, shall apply to the activities of the state attorney/public defender equally, and the matters related to labor relations of the public defender shall be regulated by the respective law. 

Article 4.Principles to be adhered to in the activities of the advocacy

4.1.The following principles shall be adhered to in the activities of the advocacy:

4.1.1.rule of law, to uphold justice;

4.1.2.to select an advocate freely;

4.1.3.to respect human rights and freedoms, fame, reputation, business reputation;

4.1.4.to keep confidentiality of advocacy;

4.1.5.to protect rights and legal interest of the client within the scope of the law consistently;

4.1.6.to be humane and compassionate.

Article 5.Individual's right to self-defense

5.1.Individual shall have a right to self-defense in accordance with the Constitution of Mongolia.  

5.2.Unless otherwise provided by the laws, when the individuals self-defensing their selves, they shall exercise rights specified in sub-paragraphs 13.1.1, 13.1.4, 13.1.5, 13.1.6, 13.1.7, 13.1.8, 13.1.9, 13.1.10, 13.1.11, 13.1.12, and 13.1.14 of this Law and undertake duties specified in sub-paragraphs 14.1.3, 14.1.5, and 14.1.11 of this Law in addition to the rights and duties specified in other laws on the case and dispute resolving procedure.      

Article 6.Definitions of the terms of the Law

6.1.The following terms used in this Law shall be understood as follows: 

6.1.1."activities on advocacy" shall mean legal professional assistance and services being provided by an advocate to protect the client's rights, freedoms, and legal interests;

6.1.2."client" shall mean an individual, a legal entity, or an organization without legal entity status, who is receiving or approached to receive legal professional assistance or services from an advocate. 

CHAPTER TWO

ENGAGING IN ACTIVITIES ON ADVOCACY

Article 7.Granting a right to engage in activities on advocacy

7.1.Activities on advocacy shall be conducted by a lawyer who passed the examination for granting the right to engage in activities on advocacy /hereinafter referred to as "advocate's examination"/, to be registered in the unified register of advocates, and granted a right to engage in.

7.2.A lawyers who has passed the advocate's examination shall submit a request to receive the right to engage in activities on advocacy to the Association of Advocates of Mongolia /hereinafter referred to as "Association of Advocates"/ within one year from the date of notification of the consolidated results of the advocate's examination. If the request deadline specified in this paragraph has passed, the exam's score shall become invalid.

7.3.The Association of Advocates shall review the request specified in paragraph 7.2 of this Law within 10 working days, and if the conditions specified in paragraph 8.6 of this Law are not detected, the proposal to grant the right to engage in activities on advocacy shall be submitted to the President of the Association of Advocates of Mongolia /hereinafter referred to as "the President of the Association of Advocates"/.

7.4.The President of the Association of Advocates shall register the lawyer in the Unified Register of Advocates and grant him/her the right to engage in activities on advocacy based on the proposal specified in paragraph 7.3 of this Law.

7.5.It shall be prohibited to refuse to grant the right to engage in activities on advocacy, unless the conditions specified in paragraph 8.6 of this Law are detected during the review of the request specified in paragraph 7.2 of this Law.

7.6.The right to engage in activities on advocacy shall be granted for indefinite time of period.

7.7.The lawyer shall have the right to file a complaint with the court if he/she does not agree with the decision on the refusal to grant the right to engage in activities on advocacy.

Article 8.Advocate's examination

8.1.The purpose of the advocate's examination shall be aimed to determine the knowledge on case and disputes adjudication proceedings and the professional ethics of advocates, as well as the acquisition of the debating skills.

8.2.The advocate's examination shall be organized by the Professional Qualification Committee of the Association of Advocates /hereinafter referred to as "Qualification Committee"/ at least once a year.

8.3.The date of the advocate's examination shall be announced at least 30 days before the examination.

8.4.A lawyer shall submit his/her application on taking the advocate's examination at least 14 days before the examination.

8.5.The Board of Directors of the Association of Advocates shall approve the procedure for organizing the advocate's examination and the amount of the examination fee.

8.6.A lawyer shall be refused to be admitted to take the advocate's examination in the following cases:

8.6.1.the permit to engage in lawyer's professional activities has been revoked or suspended in accordance with the law;

8.6.2.the right to engage in activities on advocacy is restricted by a valid court decision;

8.6.3.holds a job or position specified in sub-paragraphs 15.1.12 and 15.1.13 of this Law that cannot be concurrently engaged in with the activities on advocacy;

8.6.4.have been sentenced for convicted of crimes specified in the Chapters Sixteen, Nineteen, Twenty, Twenty-one, Twenty-two, and Twenty-three of the Criminal Code;

8.6.5.the judge has received the disciplinary punishment of dismissal specified in the Law on Courts of Mongolia, or has been considered to have resigned; the prosecutor has been dismissed from the job on the grounds specified in sub-paragraph 67.1.5 of the Law on Prosecutors; the notary's permit to engage in notarial activities was revoked under the grounds specified in sub-paragraphs 18.1.2, 18.1.5, and 18.1.6 of Article 18 of the Law on Notaries; the detective was dismissed from the public service on the grounds specified in paragraph 47.1 of the Law on Public Service;

/This sub-paragraph was amended by the law as of January 15, 2021/

8.6.6.the period of two years have not passed after the releasing the prosecutor or the detective from their official duties;

8.6.7.the period for consideration to have received no disciplinary punishment specified in the Law on Public Service has not expired.

8.7.If a lawyer disagrees with the decision to refuse an admission to the advocate's examination, he/she may file a complaint with the President of the Association of Advocates.

8.8.When a lawyer receives the right to engage in activities on advocacy, he/she shall take an oath that "I, as an advocate, swear to strictly abide the Constitution of Mongolia, other laws, and the professional ethical codes of an advocate. If I breach my oath, I shall be held accountable by the law."

8.9.A procedure for the advocate's swearing-in ceremony shall be approved by the Board of Directors of the Association of the Advocates.

Article 9.Advocate

9.1.An advocate shall be a member of the Association of the Advocates.

9.2.An advocate shall wear a special uniform when participating in a court hearing, and the design and application procedure of the uniform shall be approved by the Board of Directors of the Association of Advocates.

Article 10.Suspending a right to engage in activities on advocacy

10.1.The right to engage in activities on advocacy shall be suspended on the following grounds:

10.1.1.the advocate made the request himself;

10.1.2.elected or appointed to the work or position specified in sub-paragraphs 15.1.12 and 15.1.13 of this Law;

10.1.3.unable to engage in activities on advocacy for more than one year due to health or other justifiable reasons;

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

10.2.During the period of suspension of the right to engage in activities on advocacy, he/she shall not engage in activities on advocacy and shall not exercise the rights and undertake the duties of an advocate or a member of the Association of Advocates.

10.3.The decision on the suspension or restoration of the right to engage in activities of advocacy in accordance with this Article shall be issued by the President of the Association of Advocates.

Article 11.Revoking the right to engage in activities on advocacy

11.1.The right to engage in activities on advocacy shall be revoked on the following grounds:

11.1.1.it was found that false documents were prepared when obtaining the right to engage in activities on advocacy;

11.1.2.has not paid the membership fee for one year or more without the justifiable reason;

11.1.3.the permit to engage in the lawyer's professional activity is revoked or expired;

11.1.4.engaged in work or positions prohibited by law;

11.1.5.a decision has been made to impose liability specified in sub-paragraph 31.3.3 of this Law;

11.1.6.violated provision specified in paragraph 10.2 of this Law;

11.1.7.it has been established that the advocate has committed an intentional crime, and the judgment of the court has entered into force;

11.1.8.failed to fulfill obligation to be covered under the insurance specified in Article 24 of this Law for more than six months;

11.1.9.the period of six years have passed since the suspension of the right to engage in activities on advocacy in accordance with paragraph 10.1 of this Law;

11.1.10.engaged in prohibited activities specified in paragraph 19.6 of this Law.

11.2.The decision on revoking the right to engage in activities on advocacy shall be issued by the President of the Association of Advocates on the grounds specified in sub-paragraphs 11.1.1, 11.1.2, 11.1.3, 11.1.4, 11.1.6, 11.1.7, 11.1.8, 11.1.9, and 11.1.10 of this Law, and it shall be issued by the Professional Responsibility Committee of the Association of Advocates /hereinafter referred to as "Professional Responsibility Committee"/ on the ground specified in the sub-paragraph 11.1.5 of this Law.

Article 12.Termination of the right to engage in activities on advocacy

12.1.The right to engage in activities on advocacy shall be terminated on the following grounds:

12.1.1.if the advocate made the request himself/herself;

12.1.2.if the court decision limiting the civil legal capacity of the advocate or determining civil legal incapability of the advocate has entered into force;

12.1.3.if the advocate is deceased;

12.1.4.If the court's decision to consider the advocate as missing or deceased has entered into force.

12.2.The decision on the termination or restoration of the right to engage in activities on advocacy shall be issued by the President of the Association of Advocates based on the grounds specified in paragraph 12.1 of this Law.

12.3.If the branch council of the Association of Advocates finds out the grounds specified in paragraphs 11.1 and 12.1 of this Law, it shall submit the proposal for making the relevant decision to the Association of Advocates together with the documents.

12.4.The Association of Advocates shall make a decision within 30 days after receiving the proposal specified in paragraph 12.3 of this Law together with the documents.

CHAPTER THREE

LEGAL STATUS OF THE ADVOCATE

Article 13.Rights of the advocate

13.1.Unless otherwise provided by law, an advocate shall exercise the following general rights when engaging in activities on advocacy:

13.1.1.to collect items and documents necessary to assess at the level of evidence, or to determine circumstances with importance to a case or dispute, in accordance with the grounds and procedures specified in the law;

13.1.2.to represent the client's rights and legal interests in any organization within the scope of the rights and obligations specified in the law;

13.1.3.to be provided with the opportunity to meet the client individually;

13.1.4.to ask questions and get answers from other participants of the proceedings in which he/she is participating in the adjudication proceedings of cases and disputes;

13.1.5.to review documents and evidence gathered in the adjudication proceedings of cases and disputes, make notes, copy and duplicate necessary materials at his/her own expense;

13.1.6.to request to collect necessary items, documents, and other evidence, to provide evidence, to demand new evidence, to be examined other circumstances with importance to the case, and to include it in the case file;

13.1.7.to make a request to conduct an examination, get acquainted with the conclusions, copy and duplicate the conclusions at his/her own expense;

13.1.8.to submit a request to reject/challenge a participant in the adjudication proceedings of a case or dispute on the grounds stated in the law;

13.1.9.to submit a complaint on the decisions and activities of administrative organizations, officials, detectives, prosecutors, judges, and courts;

13.1.10.to use photo, audio, video, audio-visual recording and other technical equipment for the purpose of strengthening and copying necessary documents in accordance with the grounds and procedures specified in the law;

13.1.11.to seek advice or to be issued a reference from a professional organization, individual, or legal entity on matters requiring special knowledge, with their consent, or on the basis of a contract;

13.1.12.to refuse to fulfill illegal demands of clients or other persons;

13.1.13.to receive a reasonable fee for the professional legal assistance provided by him/her and to be compensated for the incurred expenses;

13.1.14.to copy and duplicate the audio-visual recording confirming the proceedings of the court session at his/her own expense.

13.2.The right of an advocate to participate in the adjudication proceedings of criminal, civil, administrative, violation cases, and arbitration disputes shall be determined by this Law and related laws.

Article 14.Duties of the Advocate

14.1.The advocate shall undertake the following duties when conducting activities on advocacy:

14.1.1.to advise clients on legal matters, provide information related to activities on advocacy without delay from time to time, and fully explain the contents and legal consequences of activities on advocacy and legislation;

14.1.2.to inform and explain to the client about any activities performed in relation to the client;

14.1.3.to fairly and persistently protect the client's rights and legal interests using methods and tools not prohibited by law;

14.1.4.not to disclose advocacy confidentiality, and state and official secrets, organizational secrets, and personal sensitive information have known during the activities on advocacy;

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

14.1.5.to follow the procedures specified in the relevant law when participating in the adjudication proceedings of cases and disputes;

14.1.6.to respect the client's rights, legal interests, and decisions;

14.1.7.to consult with the client on the method and form of achieving the goal of activities on advocacy;

14.1.8.to explain to the client about actions and inactions prohibited by legislation  and the Code of Professional Ethics /hereinafter referred to as "Code of Ethics" in activities on advocacy;

14.1.9.to be respectful and adhere to the Code of Ethics when communicating with clients and other persons;

14.1.10.to be responsible for the damage and harm caused to the client by the advocate's assistant and the non-advocate employee of the legal entity on advocacy;

14.1.11.to participate in the court session with appropriate information, research and preparation aimed at protecting the client's rights and legal interests;

14.1.12.to participate in adjudication proceedings of case and dispute, and court hearings at the appointed time;

14.1.13.to present to the client the cost estimate spent for the activities on advocacy defense provided to the client;

14.1.14.to be covered under professional liability insurance;

14.1.15.to pay the membership fee;

14.1.16.other obligations specified in the law.

Article 15.Prohibited items for the Advocate and prevention from conflict of interest

15.1.The following activities shall be prohibited for the advocates in the course of their activities on advocacy:

15.1.1.to disclose of advocacy confidentiality;

15.1.2.to make promises about the results of activities on advocacy, use religious practices, mislead the client, or receive or demand money, gifts, or bonus other than the advocate's fee when providing professional legal assistance;

15.1.3.to give incorrect or misleading information to the client about the adjudication proceedings of cases and disputes, to conceal the reality of cases and disputes;

15.1.4.to express a position against the client's rights, legal interests, and intention, or perform any action, serve, or transmit information that is beneficial to the other side of the case or dispute;

15.1.5.to receive or allow to receive bonus from the party involved in a case or dispute with interests against his/her client, to create an advantage for himself/herself, to communicate with them without the client's consent;

15.1.6.to obstruct the acquisition of evidence, other documents and information with importance to the case or dispute to the other party of case or dispute, make illegal changes to them, destroy, hide them, get involved or help others in this activity;

15.1.7.to publish the evidence and documents copied in accordance with sub-paragraph 13.1.5 of this Law in the press, media, and social networks before the case or dispute has been finally resolved;

15.1.8.to impose his/her political or religious views on the client while providing professional legal assistance;

15.1.9.to deliberately misapply the law and cause damage to the client, or use false evidence and documents when conducting activities on advocacy;

15.1.10.by using a person authorized to adjudicate a case or dispute, or a participant in a case or dispute, to impose his/her legal professional assistance on others, to give or promise to give bonus to others for finding a client;

15.1.11.to willfully obstruct adjudication proceedings of cases and disputes;

15.1.12.to engage concurrently a job or position other than teaching, conducting scientific and research works in the field of law, or works related to the functions of legal entities on advocacy, professional association, and their committees;

15.1.13.to engage concurrently jobs and positions in a political party, its affiliates, branches, and structural units;

15.1.14.to use the right to engage in activities on advocacy for political purposes;

15.1.15.to express the position of a political party or coalition using the name of an advocate, except when providing professional legal assistance and services;

15.1.16.others specified in the law and Code of Ethics.

15.2.An advocate shall be prohibited from providing professional legal assistance to a client in the following cases:

15.2.1.has a conflict of interest with the client regarding cases and disputes;

15.2.2.participated as a participant other than an advocate in the adjudication proceedings of the respective case or dispute, or held a job or position authorized to make a controversial decision affecting the interests of the client, and three years have not passed since then;

15.2.3.provides professional legal assistance and services to persons with interests against the client regarding cases and disputes;

15.2.4.held a job or position in an organization that is adjudicating the case or dispute, or in an organization authorized to supervise its activities, and three years have not passed since then;

15.2.5.has participated as a witness in the adjudication proceedings of the respective case or dispute, or has sufficient grounds to participate as a witness.

15.3.Advocates who belong to the same legal entity on advocacy or work together on a profit-sharing basis shall be prohibited from simultaneously providing professional legal assistance to the parties to a case or dispute with conflicting interests.

15.4.If the advocate discovers about the situation specified in paragraph 15.2 of this Law before starting to provide professional legal assistance, he/she shall be obliged to refuse to provide professional legal assistance, or if he/she discovers it during the provision of professional legal assistance, he/she shall be obliged to terminate the professional legal assistance.

15.5.If the situation specified in paragraph 15.2 of this Law occurs or becomes clear that it will occur, the advocate shall terminate professional legal assistance and take necessary measures to protect the rights and legal interests of the client and to continue  normally the adjudication proceedings of cases and disputes.

15.6.If the situation specified in paragraph 15.2 of this Law occurs, the advocate shall take the necessary measures, such as handing over the notification explaining the grounds to terminate professional legal assistance, and the evidence, documents, and objects related to the professional legal assistance provided to the client, and the appropriate advocate's fee to be reimbursed to the client.

15.7.If the advocate is participating in adjudication proceedings of another case or dispute as one party with the person who has interest against the client in the respective case or dispute, or with his/her representative or advocate, the advocate may continue the activities on advocacy with the consent of the client.

Article 16.Assistant to the advocate

16.1.An advocate may have an assistant.

16.2.The advocate's assistant shall not be entitled to engage in activities on advocacy, and the advocate and legal entity of advocacy shall be responsible for the results of his/her activities.

16.3.The advocate's assistant shall work on the basis of the contract concluded with the advocate and/or the legal entity of the advocacy.

16.4.The Association of Advocates shall maintain the register of advocate's assistants. Relations related to the activities of advocate's assistant shall be governed by procedures approved by the Board of Directors of the Association of Advocates.

CHAPTER FOUR

ACTIVITIES ON ADVOCACY

Article 17.Unified register of the Advocates

17.1.The Association of Advocates shall maintain a unified register of advocates, and the Association of Advocates, Branch Council of the Association of Advocates, and the unit in charge of legal affairs of the aimags and the Capital city shall upload the register on their websites.

17.2.The unified register of advocates shall include the advocate's workplace address, phone number, e-mail address, and the information of the branch council of the Association of Advocates to which he/she belongs.

17.3.If an advocate's right to engage in activities on advocacy is suspended, revoked, or terminated on the grounds specified in the law, the Association of Advocates shall record this in the unified register of advocates and notify the authority in charge of adjudication proceedings of cases and disputes from time to time.

Article 18.Organizational form of the activities on advocacy

18.1.An advocate may engage in activities on advocacy individually, in partnership with a contract, or as a legal entity.

18.2.Regardless of the form in which an advocate carries out his/her professional activities, he/she must have a workplace and an account in the bank.

Article 19.Legal entity on advocacy

19.1.The legal entity engaged in advocacy activities /hereinafter referred to as "legal entity of advocacy"/ shall be in the form of a limited liability company or a limited liability partnership.

19.2.The word "Umguulliin" shall be used in front of the proper name of the legal entity on advocacy.

19.3.Within 14 days after the registration of the legal entity on advocacy in the state register, the name and address of the legal entity and the names of the advocates working for it shall be registered in the unified register of advocates, and every time there is a change in the register, the Association of Advocates shall be notified in writing.

19.4.A legal entity on advocacy shall be prohibited from engaging in activities other than advocacy.

19.5.The founder, member, person authorized to manage and represent, and shareholder of the legal entity on advocacy shall be an advocate.

19.6.Advocates and legal entities on advocacy shall be prohibited from engaging in profit-sharing activities with persons who do not have the right to engage in activities on advocacy.

19.7.Other relations of the legal entity on advocacy not specified in this Law shall be regulated by the relevant law.

Article 20.A request of the Advocate

20.1.Unless otherwise provided by law, an advocate shall have the right to file a request of an advocate to collect references, description, and documents necessary for providing professional legal assistance from the government or non-governmental organization in charge of the respective matters.

20.2.Unless otherwise provided by law, the government or non-governmental organizations that receive the advocate's request shall respond in writing within 14 days. If additional time is needed to collect the documents and information specified in the request, it can be extended once by 14 days.

20.3.If the documents and information specified in the advocate's request belong to the state or official secrets or organizational secrets or sensitive personal information in accordance with the law, they can be get reviewed in accordance with the relevant laws upon issuing a non-disclosure guarantee.

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

20.4.Unless otherwise provided by the law, organizations and officials who fail to fulfill their duty to resolve the advocate's request in accordance with the procedure specified in Article 20 of this Law shall be held liable as provided by law.

20.5.If the relevant organization does not provide the references, information and documents specified in paragraph 20.1 of this Law, it may be decided by the court.

Article 21.Ensuring a right to receive professional legal assistance

21.1.The advocate shall represent the client on the basis of a power of attorney, request, contract, or on the basis of an appointment within the framework of engaging in pro-bono professional activities useful to the public.

21.2.It shall prohibited to specify or impose the name of a specific advocate on applicants for professional legal assistance.

21.3.In order to ensure the right of a person or legal entity to receive professional legal assistance, competent officials, detectives, prosecutors, and judges shall be obliged to provide the opportunity to obtain information on the name and address of the advocate and the legal entity on advocacy.

Article 22.Agreement on providing professional legal assistance 

22.1.When engaging in activities on advocacy, an advocate shall conclude a written professional legal assistance agreement with a client or a person chosen by the client.

22.2.The following shall be specified in the professional legal assistance agreement:

22.2.1.the name and address of the advocate and legal entity of advocacy;

22.2.2.the contents of activities on advocacy ;

22.2.3.fee amount, terms of payment, account number;

22.2.4.conditions for reimbursement of expenses incurred by the advocate in the course of providing professional legal assistance;

22.2.5.advocate's and client's responsibility;

22.2.6.conditions for termination of the agreement.

22.3.The parties may mutually agree on conditions other than those specified in paragraph 22.2 of this Law.

Article 23.Advocacy fee

23.1.When providing professional legal assistance, the advocate shall charge the client a fee /hereinafter referred to as "advocacy fee" and the amount shall be determined by mutual agreement between the advocate and the client.

23.2.When determining the advocacy fee, the scale and complexity of the activities on advocacy to be provided by the advocate, the duration of the case and dispute, the advocate's qualifications, experience, and professional skills shall be taken into account.

23.3.Except for the cases mentioned below, the advocate may negotiate the advocacy fees under conditions:

23.3.1.criminal proceedings;

23.3.2.establishment as a father and a mother;

23.3.3.determination of benefits;

23.3.4.divorce;

23.3.5.resolving the family common property disputes;

23.3.6.resolving cases related to domestic violence.

23.4.By mutual agreement with the client and the advocate, the advocate may exempt or reduce the payment of advocacy fees.

Article 24.Advocate's professional liability insurance

24.1.The advocate shall be covered under the professional liability insurance mandatorily in order to compensate if the advocate makes a mistake in his/her activities on advocacy and causes damage to the client.

24.2.The Association of Advocates shall determine the minimum amount of the professional liability insurance assessment of the advocate and organize the work of insuring the advocate with the professional liability insurance.

24.3.The advocate shall choose the insurance company by himself/herself.

Article 25.Advocacy confidentiality

25.1.All documents and information related to the professional legal assistance provided by the advocate to his/her client and their relationship shall be confidential.

25.2.It shall be prohibited to obtain testimony and/or explanations from the advocate in connection with what he/she finds out during the professional legal assistance to the client, and to obtain a guarantee of non-disclosure of secrets, except as specified in paragraph 20.3 of this Law.

25.3.It shall be prohibited to the advocate to disclose or loose advocacy confidentiality  to others without the written consent of the client, or use them for the benefit of a personal or third party's interest.

25.4.The advocacy confidentiality shall be kept indefinite time of period.

25.5.Paragraphs 25.2 and 25.3 of this Law shall apply equally to all the advocate's assistants and employees of the legal entities on advocacy who have known advocacy confidentiality in the course of performing their duties in accordance with the contract.

25.6.The following actions of an advocate shall not be subject to the advocacy confidentiality:

25.6.1.to report to the competent authorities that the client or other persons are preparing to commit a crime;

25.6.2.to implement reporting obligations in accordance with paragraph 4.1 of the Law on Combating Money Laundering and Financing of Terrorism;

25.6.3.to resolve disputes arising in connection with the professional legal assistance agreement concluded between the advocate and the client.

Article 26.Guarantees of the activities on advocacy

26.1.It shall be prohibited to limit the rights of the advocates to carry out their professional activities and to represent the rights and legal interests of clients to the state bodies, officials, intelligence officer, detectives, prosecutors, and judges.

26.2.It shall be prohibited to any state bodies, officials, intelligence officer, detective, prosecutor, judge, political party, person, or legal entity to pressure, obstruct, demand guarantees, threaten, or interfere in any other way with an advocate in carrying out his/her professional activities within the scope of the law.

26.3.Unless otherwise provided by law, it shall be prohibited to eavesdrop on the conversations of an advocate, advocate's assistant, and an employee of the legal entity on advocacy in connection with their activities on advocacy, or to inspect, search their offices, accommodations, vehicles, and bodies, to investigate, and seize documents related to activities on advocacy.

26.4.In the process of investigating an advocate in connection with a crime, it shall be prohibited to seize documents that are not relevant to the respective case and related to other clients.

Article 27.Advertisement of the activities on advocacy

27.1.Advocates and legal entities on advocacy shall have the right to advertise their activities on advocacy.

27.2.Advertisements specified in paragraph 27.1 of this Law shall contain general information about advocates and legal entities on advocacy, their work experience, educational status, and professional legal assistance to be provided, and shall not contain the following content:

27.2.1.made a clear promise about the results of the activities on advocacy;

27.2.2.demanded directly on obtaining the professional legal assistance of the advocate or legal entity on advocacy;

27.2.3.attacked the reputation of other advocates and legal entities on advocacy;

27.2.4.gave evaluations and conclusions about the activities of his/her own and other advocates and legal entities on advocacy;

27.2.5.contained false or misleading information related to activities on advocacy;

27.2.6.others that do not comply with this Law and Code of Ethics.

27.3.The Board of Directors of the Association of Advocates shall approve the additional requirements for advertising about activities on advocacy.

Article 28.Specialised advocate

28.1.An advocate has the right to use the title of qualified advocate if he/she has provided professional legal assistance in a certain type of case or dispute, or exclusively in a legal field for 15 years or more.

28.2.The Association of Advocates shall approve the procedures for the registration of qualified advocates and the list of areas of specialization for considering an advocate to have worked exclusively in certain types of cases and disputes, or in the field of law.

Article 29.Probono professional activities useful to the public to be performed by the advocate

29.1.The advocate shall engage in pro-bono professional activities useful to the public.

29.2.The Board of Directors of the Association of Advocates shall approve the forms and procedures for engaging in pro-bono professional activities useful to the public. The Association of Advocates shall organize the activities of providing professional legal assistance to persons unable to afford in cooperation with competent organizations.

29.3.An advocate has the right to file complaints and lawsuits on his/her behalf to state bodies and courts in order to protect public rights and interests in carrying out pro-bono professional activities useful to the public as stipulated in this Law.

29.4.The Association of Advocates shall be responsible for supporting the suggestions and initiatives of advocates to engage in pro-bono professional activities useful to the public, organizing them in a coordinated manner, and ensuring the participation of all advocates in these activities.

Article 30.Foreign advocate engaging in activities on advocacy in Mongolia

30.1.A foreign citizen or a stateless person who has passed the lawyer's examination and received the right to engage in activities on advocacy in accordance with this Law may engage in activities on advocacy in matters other than those related to state and official secrets.

30.2.A foreign or Mongolian advocate who has obtained the right to engage in activities on advocacy in a foreign country shall engage in activities on advocacy only in matters related to the laws and international law of the country where the right was granted.

30.3.By registering with the Association of Advocates in accordance with the procedure approved by the state central administrative body in charge of legal affairs, the advocate specified in paragraph 30.2 of this Law shall have the right to engage in activities on advocacy in the territory of Mongolia, and they shall engage in activities on advocacy in accordance with the general conditions and requirements set forth in this Law, unless specifically regulated by the law.

30.4.The fact that an advocate has obtained citizenship of a foreign country shall not be a ground to limit his/her right to engage in activities on advocacy, except as specified in paragraph 30.1 of this Law.

CHAPTER FIVE

LIABILITIES ON ADVOCATE'S PROFESSIONAL ETHICS AND RESOLUTION OF THE DISPUTE IN CONNECTION WITH THEM 

Article 31.Liabilities of the advocate

31.1.The advocate shall adhere to the Code of Ethics stipulated in sub-paragraph 41.6.5 of this Law in his/he activities on advocacy.

31.2.The Code of Ethics shall contain the appropriate binding ethical norms to be followed by the advocates in engaging in activities on advocacy, and the grounds and procedures for holding them accountable.

31.3.Advocates who violate the Law and Code of Ethics shall be held accountable for the following liabilities:

31.3.1.to remind;

31.3.2.to suspend the right to engage in activities on advocacy for a period of one to three years;

31.3.3.to revoke the right to engage in activities on advocacy.

31.4.If the right to engage in activities on advocacy is suspended for a period of time, the advocate shall have the right to apply for restoration of the right to engage in activities on advocacy after the respective period is ended.

31.5.Based on the opinion of the Professional Responsibility Committee, the President of the Association of Advocates shall decide whether to restore the right to engage in activities on advocacy which was suspended in accordance with sub-paragraph 31.3.2 of this Law.

31.6.If the right to engage in activities on advocacy is revoked in accordance with sub-paragraph 31.3.3 of this Law, the advocate shall not be examined for five years.

31.7.In imposing liabilities specified in paragraph 31.3 of this Law, the violation committed by the advocate, its characteristics, the circumstances in which the violation was committed, the type of guilt, and other circumstances deemed relevant by the Professional Responsibility Committee shall be taken into account.

31.8.If three years have passed since the advocate committed an ethical violation, he/she shall not be held accountable.

31.9.The fact that an advocate is held liable under this Law shall not be a ground to exempt him/her from the liability provided for in the Criminal Code and the Law on Violations.

Article 32.The Professional Responsibility Committee and its functions

32.1.The Professional Responsibility Committee shall exercise the function of resolving disputes over whether the advocate has violated the law and the Code of Ethics, imposing liability, and making recommendations on the understanding and implementation of this Law and the Code of Ethics.

32.2.The Professional Responsibility Committee shall have 11 members, and the term of office of the members shall be three years. A member of the Professional Responsibility Committee can be re-elected once per term of office.

32.3.The Chairman of the Professional Responsibility Committee shall be nominated from among the members and discussed at the meeting, votes shall be collected secretly, and the person shall be elected by the majority of all members.

32.4.The composition of the Professional Responsibility Committee consists of each representative from judges, prosecutors, the state central administrative body in charge of legal affairs, and citizens respectively, and seven representatives from the Association of Advocates.

32.5.The Professional Responsibility Committee shall have an office responsible for organizing the implementation of its functions, and its structure and staffing shall by approved by the Board of Directors of the Association of Advocates based on the proposal made by the Chairman of the Professional Responsibility Committee. 

32.6.The representative of the citizens specified in paragraphs 32.4 and 46.2 of this Law shall be a citizen of Mongolia who has no personal interest in activities on advocacy, is not an advocate, and has never engaged in activities on advocacy, and the requirements to be set on him/her as well as the procedure on selection shall be approved by the Cabinet member in charge of legal affairs.

32.7.The representatives of courts and prosecutors specified in paragraph 32.4 of this Law have worked as judges and prosecutors for at least seven years. The judge shall be certified upon proposing by the Chief Justice of the Supreme Court, the prosecutor by the State Prosecutor General, and the representative of the state central administrative body in charge of legal affairs by the Cabinet member in charge of legal affairs.

32.8.The Professional Responsibility Committee shall create a fund of disputes resolved in accordance with this Law and keep a record of advocates who have been held accountable.

Article 33.Independence of the Professional Responsibility Committee and guarantee to be implemented its functions

33.1.If necessary, the Professional Responsibility Committee shall have the right to obtain explanations and clarifications from the relevant person regarding the actions or inactions mentioned in the request, complaint, or information, and to submit a request to come to the Professional Responsibility Committee to give an explanation, and the relevant person and legal entity shall be responsible for giving an accurate explanation.

33.2.The Chairman of the Professional Responsibility Committee shall appoint and dismiss the management and executive officers of the office.

33.3.The Professional Responsibility Committee shall be independent and have a sufficient budget to carry out its functions prescribed by law. It shall be prohibited to reduce the budget from the previous year without any justification.

33.4.Head of the office shall manage independently the budget of the Professional Responsibility Committee, and be responsible for it.

33.5.Members of the Professional Responsibility Committee, management and executive officers of the office shall independently perform their dispute resolution functions, and it shall be prohibited for the management and executive officers of the Association of Advocates and other persons to illegally interfere their activities.

33.6.The ethical requirements of the members of the Professional Responsibility Committee, management and executive officers of the office shall be specified in the Code of Ethics specifically.

Article 34.Initiating the dispute

34.1.Disputes specified in paragraph 32.1 of this Law shall be initiated and resolved by the Professional Responsibility Committee on its own initiative, or upon the request of the Board of Directors of the Association of Advocates, the President of the Association of Advocates, or complaints and information from judges, prosecutors, persons, and legal entities.

34.2.Requests, complaints and information specified in paragraph 34.1 of this Law shall be submitted in writing and shall include the following information:

34.2.1.the name and contact information of the person, legal entity, official, or person authorized to represent him/her who submitted the request, complaint, or information;

34.2.2.the name and contact information of the advocate involved under the request, complaint, and information, and the name and address of the legal entity on advocacy where he/she works;

34.2.3.information about actions or inactions that violate the law and Code of Ethics;

34.2.4.grounds considered as violation of the law and Code of Ethics, evidence and information to prove it.

Article 35.Dispute Resolution Procedure

35.1.The Professional Responsibility Committee shall take the following measures when resolving disputes:

35.1.1.to get an explanation from the person, legal entity, official who submitted the request, complaint, or information, or the person authorized to represent him/ her and the advocate involved in the dispute;

35.1.2.to collect additional documents and information about the actions and inactions mentioned in the request, complaint, information, its characteristics, the circumstances in which the violation was committed, and other circumstances deemed significant for the dispute;

35.1.3.to get an explanation from the person who knows about the action or inaction mentioned in the request, complaint, or information;

35.1.4.to obtain description, conclusions/opinions, and explanations from professional organizations, experts, and specialists on matters requiring special knowledge.

35.2.If several requests, complaints, and information are submitted in relation to one advocate, they can be combined into one dispute by the decision of the Chairman of the Professional Responsibility Committee, and in the case of several disputes are issued against one advocate, they can be discussed together by the decision of the Professional Responsibility Committee.

35.3.The Professional Responsibility Committee shall review and resolve disputes within 30 days. If necessary, the period specified in this article can be extended once again for up to 30 days.

35.4.Relations other than those specified in this Law related to the resolution of advocate's professional ethics dispute shall be regulated by the procedure approved by the Board of Directors of the Association of Advocates.

35.5.The costs of dispute resolution shall be borne by the Association of Advocates.

Article 36.Decisions of the Professional Responsibility Committee

36.1.The meeting of the Professional Responsibility Committee shall become effective upon the participation of the majority of all members, and the decision shall be made by the vote of the majority of the members present at the meeting.

36.2.The Professional Responsibility Committee shall review the dispute and make one of the following decisions:

36.2.1.to impose the liability specified in paragraph 31.3 of this Law on the advocate if it is determined that the advocate has violated the law and the Code of Ethics;

36.2.2.to dismiss the dispute if it is not established that the advocate has violated the law or the Code of Ethics;

36.2.3.to dismiss the dispute if the period for imposing liability specified in paragraph 31.8 of this Law has passed;

36.2.4.to return dispute to the office specified in paragraph 32.5 of this Law for further action, if there is reason to believe that the violation has not been fully investigated from all sides.

36.3.If the advocate does not accept the decision to dismiss the dispute based on the grounds specified in sub-paragraph 36.2.3 of this Law, the dispute shall be reviewed according to the general procedure and one of the decisions specified in sub-paragraphs 36.2.1 and 36.2.2 of this Law shall be made.

36.4.If the actions or inactions mentioned in the request, complaint, or information are of a criminal nature, the Professional Responsibility Committee shall notify the competent authority, and this shall not be grounds for termination of the dispute resolution proceedings.

Article 37.Filing a complaint against the decision of the Professional Responsibility Committee

37.1.The decision of the Professional Responsibility Committee shall come into effect after it is read, and if the advocate or the person who submitted the request, complaint or information disagrees with the decision, he/she has the right to appeal to the administrative court within 30 days from the date of receipt.

37.2.If the court initiates an administrative case according to the complaint specified in paragraph 37.1 of this Law, the implementation of the decision of the Professional Responsibility Committee shall be suspended until the case is finally resolved.

CHAPTER SIX

FUNCTIONS AND ORGANIZATION OF THE ASSOCIATION OF THE ADVOCATES

Article 38.The Association of Advocates

38.1.The Association of Advocates shall be a professional self-governing organization with mandatory membership of advocates which purpose is to improve the knowledge and skills of advocates, protect their interests, implement a unified system of liability, and support ensuring the citizens' right to receive legal assistance.

38.2.The Association of Advocates shall be a legal entity under public law.

Article 39.Functions of the Association of Advocates

39.1.The Association of Advocates shall carry out the following functions:

39.1.1.to enforce the unified requirements for activities on advocacy and Code of Ethics;

39.1.2.to advertise and promote the role and participation of an advocate in protecting the rights and legal interests of the citizens, and the rights and obligations of citizens specified in the law;

39.1.3.to cooperate with the state organization in providing equal and accessible professional legal assistance, and creating opportunities for advocates to engage in activities on advocacy independently;

39.1.4.to improve the professional ethics, knowledge and skills of advocates, and the quality of professional legal assistance being provided;

39.1.5.to improve opportunities for advocates to engage in professional activities;

39.1.6.to grant, suspend, restore, revoke, or terminate the right to engage in activities on advocacy in accordance with the grounds and procedures provided by law;

39.1.7.to protect the advocate's professional reputation, rights, and legal interests, and to represent him/her in any state organization;

39.1.8.to organize pro-bono professional activities useful to the public by advocates;

39.1.9.to take measures to protect the rights and interests of the client who was harmed during the activities on advocacy;

39.1.10.other functions specified by law.

39.2.If the decision of a government or non-governmental organization or their officials violates the rights and legal interests of an advocate or a legal entity on advocacy, the Association of Advocates shall have the right to submit proposals, complaints, or claims to the relevant organization, official, or court based on the request of the advocate or the legal entity on advocacy.

39.3.Relations related to the organization and activities of the Association of Advocates, other than those specified in this Law, shall be regulated by the Charter of the Association of Advocates.

Article 40.Symbol of the Association of Advocates

40.1.The Association of Advocates shall have its own symbol.

40.2.The design of the symbol of the Association of Advocates and its application procedure shall be approved by the Board of Directors of the Association of Advocates.

Article 41.The General Meeting of the Association of Advocates

41.1.The highest governing body of the Association of Advocates is the General Meeting of the Association of Advocates /hereinafter referred to as "the General Meeting".

41.2.The General Meeting shall be regular or extraordinary, and the regular meeting shall be convened once in three years.

41.3.The General Meeting shall consist of representatives of the members of the Association of Advocates.

41.4.The number of representatives of the General Meeting shall be determined depending on the number of advocates belonging to the branch council of the Association of Advocates and the procedures on election of the representatives and convening the General Meeting shall be determined by the Charter of the Association of Advocates.  

41.5.Regardless of being elected as a representative in the General Meeting, a member of the Association of Advocates may participate in the General Meeting at his/her own request without the right to vote.

41.6.The General Meeting shall exercise the following powers:

41.6.1.to approve the Charter of the Association of Advocates;

41.6.2.to establish common/general requirements for engaging in activities on advocacy;

41.6.3.to determine the policy and development program of the Association of Advocates;

41.6.4.to discuss the operational reports of the Board of Directors of the Association of Advocates, the Supervisory Board of the Association of Advocates /hereinafter referred to as the "Supervisory Board"/, and the Qualification Committee;

41.6.5.to approve the Code of Ethics;

41.6.6.to elect and dismiss advocate members of the Board of Directors, Supervisory Board and Professional Responsibility Committee of the Association of Advocates;

41.6.7.to elect and dismiss the President of the Association of Advocates, and determine his/her salary;

41.6.8.to determine the membership fee of the Association of Advocates;

41.6.9.to establish the award of the Association of Advocates and approve the procedures for awarding it;

41.6.10.other powers stipulated by law.

41.7.Relations related to convening of the Extraordinary General Meeting shall be regulated by the Charter of the Association of Advocates.

41.8.The Board of Directors of the Association of Advocates shall announce the date of the General Meeting and the agenda of the meeting in the daily media and press at least 30 days before the respective meeting.

41.9.The General Meeting shall come into force with the participation of the majority of elected representatives.

41.10.The General Meeting shall decide the matter by the majority vote of the representatives present at the meeting and issue a resolution on the resolved matter.

Article 42.The Board of Directors of the Association of Advocates

42.1.The Board of Directors of the  Association of Advocates shall be a joint management body with the function of organizing the activities of the Association of Advocates during the free time of the General Meeting.

42.2.The Board of Directors of the Association of Advocates shall consist of 21 members, and the term of office of the members shall be three years.

42.3.An advocate shall not be elected as a member of the Board of Directors of the Association of Advocates for more than two consecutive terms.

42.4.The Board of Directors of the Association of Advocates shall exercise the following powers:

42.4.1.to discuss and approve the annual work plan of the Association of Advocates, the work plan for the implementation of the policy and development program of the Association of Advocates, and supervise its implementation;

42.4.2.to supervise the implementation of the policy and development program of the Association of Advocates, rules and procedures of the Association of Advocates;

42.4.3.to convene the General Meeting;

42.4.4.to certify the members proposed by the judges, prosecutors, and state central administrative body in charge of legal affairs to the Professional Responsibility Committee and the Qualification Committee;

42.4.5.to approve the annual budget of the Association of Advocates and discuss the operational and financial reports;

42.4.6.to discuss and resolve suggestions and complaints made by advocates on matters related to the management, organization, and activities of the Association of Advocates;

42.4.7.to establish the structure, number of positions, and salary of employees of the Association of Advocates;

42.4.8.to establish and liquidate branch councils of the Association of Advocates, and approve the operational procedures of branch councils;

42.4.9.to appoint and dismiss the Chairman of the branch council of the Association of Advocates;

42.4.10.to discuss and approve the financial action plan of the Association of Advocates;

42.4.11.other powers specified by the law and the Charter of the Association of Advocates.

42.5.The Board of Directors of the Association of Advocates shall hold meeting at least once a quarter, and the meeting shall be valid if the overwhelming majority of all members attend.

42.6.The Board of Directors of the Association of Advocates shall be convened from time to time by the proposal of the President of the Association of Advocates or at least one-third of the members of the Board of Directors of the Association of Advocates on urgent matters.

42.7.The Board of Directors of the Association of Advocates shall decide the issue by the majority vote of the members present at the meeting, and in case of a tie, the decision shall be decided by the Chairman of the meeting.

42.8.The decision of the Board of Directors of the Association of Advocates shall be in the form of a resolution.

42.9.The Chairman of the Board of Directors of the Association of Advocates shall be elected from among the members by the overwhelming majority vote of all members.

Article 43.The President of the Association of Advocates

43.1.The President of the Association of Advocates shall manage and organize the day-to-day activities of the Association of Advocates.

43.2.The General Meeting shall elect a citizen of Mongolia, who has been engaged in activities on advocacy for at least 10 years and is a member of the Association of Advocates, as the President of the Association of Advocates by secret vote.

43.3.The President of the Association of Advocates shall be elected for a term of three years and may be re-elected once.

43.4.The President of the Association of Advocates shall exercise the following powers:

43.4.1.to represent the Association of Advocates in external and internal relations;

43.4.2.to sign contracts on behalf of the Association of Advocates and dispose the assets of the Association of Advocates within the scope of the powers specified in the laws and the Charter of the Association of Advocates;

43.4.3.to appoint and release employees of the office of the Association of Advocates;

43.4.4.to submit a proposal to the Board of Directors of the Association of Advocates to appoint and dismiss the head of the branch council of the Association of Advocates;

43.4.5.to organize the implementation of the decisions of the General Meeting and the Board of Directors of the Association of Advocates;

43.4.6.other powers stipulated by the law and the Charter of the Association of Advocates.

43.5.The President of the Association of Advocates shall be dismissed by the General Meeting on the following grounds:

43.5.1.term of office has expired;

43.5.2.unable to perform official duties due to health condition or other justifiable reasons;

43.5.3.filed a request to be released from duty;

43.5.4.appointed or elected to another job or position.

43.6.The President of the Association of Advocates shall be resigned by the General Meeting on the following grounds:

43.6.1.committed an ethical violation and was responsible for it;

43.6.2.the court has determined that a crime has been committed, and the court's sentencing decision has entered into force.

43.7.In the event that the President of the Association of Advocates is dismissed or resigned from the official duty in accordance with paragraphs 43.5 and 43.6 of this Law, the issue of temporary replacement of the President of the Association of Advocates shall be regulated by the Charter of the Association of Advocates.

Article 44.Office of the Association of Advocates

44.1.The Association of Advocates shall have an office responsible for the implementation of its functions and day-to-day activities.

44.2.An employee of the Office shall be a person who is not authorized to engage in activities on advocacy. If he/she has the right to engage in activities on advocacy, that right shall be suspended.

44.3.The Office shall perform the following functions:

44.3.1.to fulfill the decisions, duties and assignments of the General Meeting, the Board of Directors of the Association of Advocates, and the President of the Association of Advocates;

44.3.2.to organize the day-to-day activities of the council and committees of the Association of Advocates and the coordination of their work;

44.3.3.to provide advocates with information and create an opportunity to exchange information and experience between them;

44.3.4.to prepare the list of issues to be discussed at the General Meeting and the meeting of the Board of Directors of the Association of Advocates, as well as the draft of relevant decisions;

44.3.5.to organize work to protect the rights and legal interests of advocates;

44.3.6.to be responsible for maintaining the unified register of advocates and the register of legal entities on advocacy, creating an electronic fund, and uploading it to the website of the Association of Advocates;

44.3.7.at the request of persons and legal entities, to provide them with information about advocates and legal entities on advocacy;

44.3.8.other functions stipulated by the law and the Charter of the Association of Advocates.

Article 45.Supervisory Board

45.1.The Supervisory Board shall exercise the function of monitoring the state of record of property, spending, and financial activities of the Association of Advocates, as well as the resolution status of proposals, applications, and complaints with respect to the activities of the Association of Advocates.

45.2.The Supervisory Board shall report its activities to the General Meeting.

45.3.The Supervisory Board shall consist of seven members, and the term of office of each member shall be three years.

45.4.An employee in charge of financial affairs of the Association of Advocates, a member of the Board of Directors of the Association of Advocates, and the President of the Association of Advocates shall not allowed to be a Member or Chairman of the Supervisory Board.

45.5.The operational procedure of the Supervisory Board shall be approved by the General Meeting.

Article 46.Qualification Committee

46.1.The Qualifications Committee, which is responsible for organizing the examination and continuous training of advocates, shall work next the Association of Advocates and it shall consist of nine members.

46.2.In the composition of the Qualification Committee specified in the paragraph 46.1 of this Law, the state central administrative body in charge of legal affairs and citizens shall nominate one representative each respectively and the Association of Advocates shall nominate 7 members, and the composition shall be certified and appointed by the Board of Directors of the Association of Advocates.

46.3.Three of the representatives of the Association of Advocates specified in paragraph 46.2 of this Law shall be legal scholars.

46.4.The chairman of the Qualification Committee shall be elected from among the members of the Committee by majority vote, and the term of office of the Chairman and Members shall be three years.

46.5.The meeting of the Qualification Committee shall be considered valid, if the overwhelming majority of the members present at the meeting, and the issue shall be resolved by the majority vote.

46.6.The decision of the Qualification Committee shall be in the form of a resolution.

46.7.The operational procedure of the Qualification Committee shall be approved by the Board of Directors of the Association of Advocates.

Article 47.A right to advocate and incentives of the President, and the members of Board and Committees of the Association of Advocates

47.1.Members of the Board of Directors, Supervisory Board, Qualification Committee, and Professional Responsibility Committee of the Association of Advocates shall have the right to engage in activities on advocacy and receive incentives to the extent determined by the General Meeting and Board of Directors of the Association of Advocates.

47.2.The President of the Association of Advocates shall receive a fixed salary and shall not engage in activities on advocacy during his/her term of office.

Article 48.Assets and audit of the Association of Advocates

48.1.Assets of the Association of Advocates shall consist of membership fees, donations, assistance, examinations fees, advocates continuing training fees, and income from publications.

48.2.The financial activities, completing and spending of the budget of the Association of Advocates shall be transparent to the members of the Association of Advocates and the public.

48.3.The financial activities of the Association of Advocates shall be audited once every two years, and the results shall be publicly reported to the members of the Association of Advocates and the public.

CHAPTER SEVEN

MISCELLANEOUS

Article 49.Communicating from state central administrative body in charge of legal affairs with the Association of Advocates

49.1.Within the framework of the implementation of the right to receive professional legal assistance, the state central administrative body in charge of legal affairs shall support and oversee the activities being conducted by the Association of Advocates.

49.2.The Association of Advocates shall submit annually information related to the implementation of the right to receive professional legal assistance to the state central administrative body in charge of legal affairs.

49.3.The Association of Advocates shall submit the operational report annually, and the reports of regular and extraordinary sessions of the General Meeting from time to time to the state central administrative body in charge of legal affairs.

49.4.It shall be prohibited to the state central administrative body in charge of legal affairs to affect the independence of the Association of Advocates when conducting the oversight specified in paragraph 49.1 of this Law.

Article 50.Liabilities to be imposed on violators of the Law

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

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

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA ZANDANSHATAR.G