(2023.07.09-ний өдрийн орчуулга)              Unofficial translation

LAW OF MONGOLIA

November 14, 1995              Ulaanbaatar city

ON STATE ON EMERGENCY

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

The purpose of this Law is to establish the grounds and procedures on declaring a state of emergency, special measures to be implemented during a state of emergency, the powers of the organization to be implemented the state of emergency, and to regulate other relations related to the declaration of a state of emergency.

Article 2.Legislation on the State of Emergency

Legislation on the State of emergency shall consist of the Constitution of Mongolia, this Law and other legislative acts enacted in conformity with them. 

Article 3.State of Emergency

The State of Emergency shall mean the extraordinary legal regime established for a certain period of time in the activities of the state, business entities and organizations, which restricts the rights and freedoms of citizens and the right of the legal entity, and  imposes additional obligations on them in accordance with this Law in the event of occurrence of the extraordinary circumstances set forth in paragraph 2 of Article Twenty-Five of the Constitution in the entire territory of Mongolia or in some parts of it, in order to eliminate the extraordinary circumstances and their consequences, and to restore the life of the population and society to normality.

CHAPTER TWO

GROUNDS AND PROCEDURES TO DECLARE THE STATE OF EMERGENCY

Article 4.Grounds to declare the State of Emergency

As stipulated in the Constitution of Mongolia, a state of emergency may be declared when the following extraordinary circumstances arise:

1/natural disasters or extraordinary circumstance of natural disaster which threaten or may threaten directly the life, health, well-being and security of the population in the whole or a part of the country's territory, have occurred;

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

/This sub-paragraph was amended by the law as of May 14, 2020/

2/if State bodies are not able within their legal competences to cope with public disorders caused by organized, violent, illegal actions of an organization or a group of people threatening the Constitutional order and the existence of the legitimate social system.

Article 5.Declaring the State of Emergency

1.If the occurrence of the extraordinary circumstances stipulated in the paragraph 2 of Article Twenty-five of the Constitution arises when the State Great Khural is convening a regular or extraordinary session, the State Great Khural shall discuss and decide the issue on declaring a state of emergency at the initiative of the President of Mongolia, the Government, or a quarter of all members of the State Great Khural.

2.The decision of the State Great Khural to declare a state of emergency shall be approved by a vote of at least two-thirds of all members present at the session.

/This paragraph was invalidated by the Resolution No. 3 as of May 29, 2015 of the Constitutional Court (Tsets)/

3.The President of Mongolia shall issue a decree on the declaration of a state of emergency upon the recommendation of the National Security Council, in the event that the occurrence of the extraordinary circumstances stipulated in the paragraph 2 of Article Twenty-five of the Constitution arises during the recess of the State Great Khural session, and the course of the process requires the immediate declaration of a state of emergency.

/This paragraph was amended by the law as of May 14, 2020/

4.If the President declares a state of emergency in accordance with paragraph 3 of this Article, the State Great Khural shall discuss and approve or revoke the decree within seven days from the date of its issuance. If the State Great Khural decides that there is no need to establish a state of emergency, the President's decree shall be invalidated from the date of the respective decision.

5.Before declaring a state of emergency on the basis of paragraph 2 of Article 4 of this Law, the State Great Khural, if it is in recess, the President of Mongolia, shall warn in advance the organizations and people who created public disorder and who participated in it, if they do not stop their actions within 12 hours, a state of emergency may be declared. If the respective extraordinary circumstance continues to be existing during the specified period, a state of emergency shall be declared in accordance with paragraphs 1, 2, and 3 of this Article.

6.In urgent cases where the development of the events of the extraordinary circumstance requires the immediate declaration of a state of emergency, the state of emergency shall be declared without taking the pre-warning measures specified in paragraph 5 of this Article.

7.The initiator's draft, the decision of the State Great Khural, or the President's decree on declaring a state of emergency shall specify the followings:

1/extraordinary circumstance that are grounds for declaring a state of emergency;

2/purpose of emergency;

3/territory covered by emergency;

4/duration of state of emergency /beginning and ending date, time/;

5/to determine which of the special measures specified in Article 16 of this Law should be implemented in the event of an emergency and the scope of each of the measures to be implemented, including restrictions on the rights and freedoms of citizens and the rights of legal entities, in accordance with the existing conditions;

6/to determine the state organizations and officials directly responsible for the implementation of measures to be taken in connection with the declaration of a state of emergency, as specified in this paragraph of this Article and other relevant provisions of this Law, and their exclusive powers to be exercised in this regard, in accordance with this Law;

7/the date and time when the decision of the State Great Khural or the decree of the President on declaring a state of emergency will come into force.

Article 6.Duration of the state of emergency, its extension, termination and revocation of a state of emergency

1.The duration of the state of emergency shall be determined by the State Great Khural.

2.If the circumstances that led to the declaration of the state of emergency have not been completely eliminated, the State Great Khural may extend the duration of the state of emergency based on the proposal of the National Security Council.

3.In the event that the extraordinary circumstance that led to the declaration of the state of emergency are completely eliminated, the State Great Khural shall revoke the state of emergency before the expiration of time, based on the proposal of the National Security Council.

Article 7.Entry into force of decisions on declaring state of emergency, extending its duration, and revoking the state of emergency

1.The decision to declare a state of emergency, extend its term, or revoke the state of emergency shall enter into force from the date of its issuance, unless otherwise specified thereto.

2.The decision to declare a state of emergency, extend its period, or revoke the state of emergency shall be immediately submitted to the implementing organization, promptly informed and officially published through mass media and other possible means for the public.

3.In case of declaration of a state of emergency, the minister in charge of foreign relations shall immediately notify the Secretary-General of the United Nations with respect to determination of what special measures to be implemented on what grounds related to the restriction of human rights and freedoms that caused Mongolia to withdraw from its obligations under the International Covenant on Civil and Political Rights during the state of emergency, and duration when they will be terminated.

CHAPTER THREE

IMPLEMENTING A DECISION ESTABLISHED A STATE OF EMERGENCY

Article 8.The organization managing and organizing the implementation of a decision established a state of emergency 

1.The National Security Council of Mongolia (hereinafter referred to as the "Council") shall carry out the special function of managing and organizing the implementation of the decision established a state of emergency.

2.The State Great Khural may expand the composition of the Council for the duration of the state of emergency upon the proposal of the Chairman of the Council.

Article 9.Special powers of the Council regarding the implementation of a decision established a state of emergency  

1.The Council shall have the following special powers when implementing the decision established a state of emergency:

1/to manage and organize the implementation of the decision of the State Great Khural or the President's decree on declaring a state of emergency, monitor the process and take necessary measures to ensure its implementation;

2/to oversee the implementation of the decision of the State Great Khural or the President's decree on the declaration of a state of emergency in the relevant organizations, and, if necessary, listen to reports and information from their management and assign tasks;

3/to submit necessary issues to the State Great Khural for resolution;

4/to issue mandatory tasks to the Government and other relevant organizations regarding the implementation of the decision established the state of emergency;

5/to suspend the powers of a member of the Government, governing officer of other organizations reporting directly to the State Great Khural and the Government, governor of aimag or capital city who do not properly fulfill the tasks assigned by the Council in connection with the decision established the state of emergency and its implementation for the duration of the state of emergency, and to appoint replacing person, as well as if deemed necessary to submit the issue of their dismissal to the competent authorities for resolution;

6/to obtain data, research and other necessary documents from the relevant organization on issues related to the implementation of the decision established the state of emergency;

7/to solve the problem of strengthening the working apparatus of the Council during the period of emergency;

8/to appoint and to be worked a plenipotentiary of the Council in the territory where a state of emergency has been established;

9/if it is deemed necessary, to establish and operate an emergency headquarters with the members of the General Staff of the Armed Forces, the heads of the police, intelligence, border and state administrative bodies in charge of emergency;

/This sub-paragraph was amended by the law as of September 1, 2016/

/This sub-paragraph was amended by the law as of May 14, 2020/

10/to communicate with foreign countries and international organizations, cooperate, and receive assistance in eliminating the consequences of emergency situations;

11/other special powers granted by law in connection with the implementation of the decision established the state of emergency.

2.The issues discussed by the Council shall be resolved by majority vote and a resolution shall be issued. The resolution of the Council shall be signed by the President of Mongolia. In case of disagreement, it shall be resolved by the proposal of the President of Mongolia. In this case, the President shall issue an order.

3.The emergency headquarters established in accordance with sub-paragraph 9 paragraph 1 of this Article shall coordinate and regulate the day-to-day activities of the police, intelligence, military units, and sectors involved in eliminating the consequences of the emergency, and provide them with prompt guidance, as well as be obligated to mobilize the human force and equipment of these organizations to restore the life of the population and society to normality.

4.The state authorities, political party, public, cooperative center, local organizations, business entities, officials and citizens existing in the territory established the state of emergency shall provide all-round support and assistance to the state organizations and officials who are implementing the decision established the state of emergency, and shall be responsible for fulfilling strictly the issued decisions and assigned tasks.

5.Proposals made by the Council in connection with the implementation of the decision established the state of emergency shall be decided immediately and on a priority basis by the State Great Khural, regardless of the order of the issues to be discussed by it.

Article 10.Special power of the Governors

1.If a state of emergency is established based on Article 4 of this Law, the governor of an aimag, soum, capital city, or district shall have the following special powers:

/This paragraph was amended by the law as of April 22, 2022/

1/to implement the powers specified in sub-paragraphs 1, 2, and 6 of paragraph 1 of Article 9 of this Law in the respective territory;

2/to manage and organize the implementation of the special measures specified in Article 16 of this Law in the respective territory;

3/if it is considered that the decisions of the respective and/or lower-level Citizens' Representatives Khurals are contrary to the decision established the state of emergency and the duties and assignment given by the Council in connection with its implementation, to suspend the effectiveness of these decisions during the state of emergency;

4/regarding the matters on the implementation of the decision established the state of emergency, to assign the mandatory assignments and tasks to relevant organizations and officials of the respective territory regardless of their jurisdiction, and monitor their implementation;

5/to dismiss the governing executive officers of state-owned and partially state-owned business entities and organizations who have not fulfilled the duties and tasks given by the Council and the Governor in connection with the decision established a state of emergency and its implementation, and to appoint a replacing person during the period of the state of emergency;

6/to coordinate and regulate the activities of the police, intelligence, military and other organizations performing special duties in the territory for the purpose of implementing the decision established the state of emergency and to ensure mutual cooperation;

7/to issue ordinances in accordance with the decisions established the state of emergency and the tasks assigned by the Council in connection with its implementation.

2.The business entities, organizations, officials, and citizens in the respective territory shall comply with the Governor's ordinance issued in accordance with the legislation as specified in the sub-paragraph 7 of paragraph 1 of this Article.

3.When exercising the exclusive powers specified in paragraph 1 of this Article, the Governor shall have a right to amend or revoke any decision of the management of state-owned or state-dominated business entities and organizations, as well as the Governor of the higher level shall amend or revoke any decision of the Governor of the lower level on matters specified in paragraph 2 of Article 16 of this Law respectively.

Article 11.Special powers of the Plenipotentiary

1.The Plenipotentiary appointed in accordance with sub-paragraph 8, paragraph 1 of Article 9 of this Law shall have the following special powers:

1/to exercise the powers specified in sub-paragraphs 1, 2, and 6, paragraph 1 of Article 9 of this Law;

2/if the local self-governing body or the Governor does not fulfill or does not fulfill appropriately the decision established the State of Emergency and the tasks given by the Council in connection with its implementation, to demand their performance, to assign certain duties and tasks, and to monitor their performance;

3/if it is considered that the decisions of the Citizens' Representatives Khural and the Governor issued in order to implement the state of emergency are contrary to the decision established the state of emergency and the duties and assignment given by the Council in connection with its implementation, to suspend the effectiveness of these decisions during the state of emergency;

4/to propose to the Governor the dismissal of the official who does not comply with the decision established the state of emergency, the tasks given by the Council in connection with its implementation, and the Governor's ordinance.

2.The tasks given by the Plenipotentiary representative in accordance with sub-paragraph 2, paragraph 1 of this Article shall be fulfilled mandatorily by the Citizens' Representatives Khural and the Governor.

3.The Governor shall decide and notify the response within 24 hours after the Governor receives the proposal made by the Plenipotentiary representative in accordance with sub-paragraph 4 of paragraph 1 of this Article.

Article 12.Mobilization of certain units and organizations of military in order to eliminate extraordinary circumstance and its consequences

1.In the event that the state and local administrative, emergency, domestic military and police organizations' forces and equipment are not sufficient to eliminate the extraordinary circumstances and their consequences, and to restore the life of the population and society to normality, as specified in Article 4 of this Law, some units and organizations of the armed forces and border guards can be mobilized to implement the measures described below:

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

/This paragraph was amended by the law as of May 14, 2020/

1/to implement the measures specified in sub-paragraphs 1, 2, 3, 5, 6, and 7 of paragraph 1, and sub-paragraphs 1, 2, 3, 5, 6, 7, 8, and 9 of paragraph 3 of Article 16 of this Law;

2/to be participated in eliminating, rescuing, protecting, and rebuilding the consequences of a state of emergency.

2.The Council shall make a decision to mobilize some units and organizations of the armed forces and border guards in the measures to implement the state of emergency in accordance with paragraph 1 of this Article.

3.The armed forces, border military units, organizations, and their personnel participating in the implementation of the measures specified in paragraph 1 of this Article shall exercise their rights and duties by using the weapons and special equipment approved by the law for the police office.

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

Article 13.Financing the measures of the state of emergency

Measures related to the elimination of extraordinary conditions and their consequences shall be financed from the Government's reserve funds, and the Government shall submit the necessary issues to the State Great Khural for resolution.

Article 14.Judiciary activities during the state of emergency

1.In the territory where a state of emergency has been established, only the courts established in accordance with the Constitution and the Law on Courts shall carry out judicial proceedings. Courts of all levels shall conduct judicial proceedings in accordance with the law in force at the time of the declaration of state of emergency.

2.The Supreme Court of Mongolia may change the territorial jurisdiction of criminal and civil cases in the territory where a state of emergency has been declared.

Article 15.No death penalty to be carried out during the state of emergency

A person sentenced to death for a crime committed during the state of emergency cannot be executed during the state of emergency or 30 days after the termination of the state of emergency or the revocation of the state of emergency.

CHAPTER FOUR

SPECIAL MEASURES TO BE IMPLEMENTED DURING THE STATE OF EMERGENCY

Article 16.Special measures

1.If a state of emergency is established based on Article 4 of this Law, the following special measures may be determined:

1/to establish special procedures for traveling, entering and exiting the territory declared a state of emergency;

2/to protect the country's most important and population's livelihood facilities by increasing the forces;

3/to forcibly disperse demonstrations, assemblies, and other public events organized in violation of the law by the means and force specified in the law;

4/to prohibit a strike;

5/to restrict the movement of vehicles and inspect them;

6/to organize the issues on temporarily evacuating people, livestock, animals, and wealth from areas that are extremely dangerous for life, providing assistance to the victims, rescuing and protecting them, and providing them with shelter and food, and, if necessary, to establish the procedures for allocation of food and other essential items and control thereof;

7/to impose quarantine and take other necessary measures to fight infectious and acute infectious diseases of humans, livestock, and animals;

8/to mobilize the state resources, the vehicles and food supply resources of the state-owned and state-dominated busines entities and organizations in order to eliminate the harm caused by extraordinary circumstances, and, if necessary, mobilize the resources of other business entities and organizations and pay compensation or the prices;

9/to establish and implement special regimes for business entities and organizations that have a vital role in ensuring the normal conditions of economic life and population services in the country and the respective territory.

2.The special regime established in accordance with sub-paragraph 9 of paragraph 1 of this Article shall be restricted under the following scope:

1/to reorganize of working days, hours and shifts;

2/to establish and monitor special procedures for fixed and circulating assets, including supply and consumption of raw materials and materials, storage, distribution, transportation, and sale of manufactured products;

3/to establish special procedures for maintaining labor discipline, industrial safety and public order aimed at strictly strengthening labor, production, and technological discipline, and impose appropriate liability on those who have violated them, regardless of jurisdiction;

4/if it is considered necessary, to re-establish the organizational structure, duties, labor norms and wages of state-owned and state-dominated business entities and organizations, to appoint and release all levels of management staff to change the purpose of production and technological procedures;

5/to be prohibited to change or dismiss workers and employees at their own request without justifiable excuses;

6/to conduct general labor mobilization in urgent cases to eliminate the harmful effects caused by extraordinary circumstances;

7/during the state of emergency, re-assign workers and employees to jobs other than those specified in the labor contract without their consent, or get to work overtime with compensatory pay;

8/take other necessary measures to prevent disruption of the normal operation of business entities and organizations with special regimes.

3.If a state of emergency is declared on the grounds specified in paragraph 2 of Article 4 of this Law, the following additional special measures may be established in addition to those specified in paragraph 1 of this Article:

1/to disperse organizations that have conducted or are conducting activities that have used force to create public disorder, forcibly disperse groups of people, forcibly detain them, and confiscate their weapons and equipment;

2/to quarantine, in other words, to prohibit to travel to streets, squares, and other public places at certain times of the day without a permit or identity card specially issued by the state authority or a document equivalent to it. A person who violates this provision shall be forcibly detained by the police or military patrol until the quarantine is over, or until the identity of the person without an identity card or equivalent document is established, but for a period not exceeding 72 hours, and if necessary, the body and belongings of the person who is forcibly detained shall be examined;

3/if deemed necessary, to check identity cards and equivalent documents, and if there is reason to believe that firearms, other items that may harm human life or health are being illegally carried or kept, or might be used, to search citizens' bodies, homes, vehicles and belongings;

4/to restrict or prohibit the use of duplication and sound amplification equipment, temporarily confiscate if necessary, monitor public media and press, or suspend their operation until the state of emergency is revoked;

5/to establish special procedures for using communication tools;

6/to stop the activities of political parties, coalitions, and public organizations that hinder the elimination of public disorder;

7/to deport the person who is staying in the territory under declaration a state of emergency without proper permission or obstructs the maintenance of the state of emergency, to his/her permanent place of residence or to an administrative or territorial unit where a state of emergency has not been declared;

8/to  prohibit the sale and distribution of weapons, firearms, powerful chemicals, and alcoholic beverages;

9/to control the use of firearms and cold weapons, fire tools under the possession of the citizens, explosives and powerfully reacted poisonous chemicals and radioactive substances used in the production technology of business entities and organizations, and combat weapons and technical equipment for training purposes, and if necessary, to stop their use or seize them temporarily.

CHAPTER FIVE

RESTRICTION OF CITIZEN'S RIGHTS AND FREEDOMS DURING A STATE OF EMERGENCY

Article 17.Restrictions on the scope of the establishment and application of special measures

1.In addition to complying with the requirements of special conditions and obligations of Mongolia under international treaties regarding human rights, the scope of the implementation of special measures stipulated in sub-paragraph 5, paragraph 7 of Article 5, and Article 16 of this Law shall not lead the person to be discriminated against on the basis of ethnic origin, language, race, age, sex, social origin and status, property, occupation and position, religion, opinion and education.  

2.It shall be prohibited to apply the special measures specified in sub-paragraph 5, paragraph 7 of Article 5, and Article 16 of this Law to the territories where no state of emergency has been declared.

Article 18.Inviolable civil rights and freedoms during the state of emergency

Restrictions on human rights and freedoms established in accordance with sub-paragraph 5, paragraph 7 of Article 5, and Article 16 of this Law shall not affect to the right to life, freedom of thought and opinion, and freedom of conscience and religion, as well as provision of the Constitution prohibiting to torture, or to impose inhuman, cruel treatment on anyone.

Article 19.No amendments to the Constitution

Amendments to the Constitution shall not be made during the state of emergency established in accordance with Article 4 of this Law in the entire territory of the country or in some of its parts.

Article 20.Restrictions on the right and freedom of citizens to elect and be elected

1.If a state of emergency is established in the entire territory of the country, no election or referendum shall be held until the state of emergency terminates or until it is revoked.

2.If a state of emergency is established in some parts of the country's territory, the State Great Khural shall decide whether or not to hold the State Great Khural and Presidential elections depending on the situation.

3.If a state of emergency is established in some parts of the country's territory, the election of the representatives of the self-governing organization of that territory shall be postponed until the end of the state of emergency or its revocation.

CHAPTER SIX

LIABILITIES TO BE IMPOSED THE VIOLATORS OF THE LIEGISLATION ON THE STATE OF EMERGENCY

Article 21.The liabilities to be imposed on police and military personnel and civil servants

Police and military servicemen and civil servants who violate the law when using force, firearms, or special equipment during the state of emergency, who have exceeded their powers, as well as who have not properly performed their official duties, or who have violated the guarantee of civil rights and freedoms provided for in Article 18 of this Law, shall be subject to liabilities specified in the law.

Article 22.Liabilities to be imposed on violators of the law

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

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

/This article was modified by the law as of December 4, 2015/

Article 23.Compensation of damages caused to others

Property and non-property damages caused to others by a person who has violated the state of emergency shall be fully compensated in accordance with the legislation.

CHAPTER SEVEN

MISCELLANEOUS

Article 24.Consequences of Termination or Revocation of the State of Emergency

All legal acts issued by the competent authorities in connection with the implementation of the state of emergency shall be invalidated from the moment of the termination or revocation of the state of emergency.

Article 25.Compliance of the legislation on state of emergency by foreign citizens and stateless persons

A foreign citizen or a stateless person shall comply with the legislation on state of emergency in the same way as a citizen of Mongolia, unless otherwise stipulated in international treaties and legislation of Mongolia.

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