/2023.09.27-ны өдрийн орчуулга/                                                        Unofficial translation

LAW OF MONGOLIA

December 24, 2021                                                                                   Ulaanbaatar city

ON MONITORING AND INSPECTION OF THE STATE GREAT KHURAL OF MONGOLIA

CHAPTER ONE

general provisions

Article 1.Purpose of the Law

1.1.The purpose of this Law is to regulate relations in connection with the implementation of the monitoring and inspection of the State Great Khural of Mongolia to be imposed on the activities of the enforcement of the Constitution of Mongolia, laws, and other decisions of the State Great Khural.

Article 2.Legislation on monitoring and inspection of the State Great Khural of Mongolia

2.1.Legislation on monitoring and inspection of the State Great Khural of Mongolia shall consist of the Constitution of Mongolia /hereinafter referred to as the "Constitution"/, the Law on State Great Khural of Mongolia, the Law on procedure of the sessions of the State Great Khural of Mongolia, the Law on Public Hearings, this Law, and other legislation enacted in compliance with them.

Article 3.Purpose of monitoring and inspection of the State Great Khural of Mongolia

3.1.The monitoring and inspection of the State Great Khural of Mongolia /hereinafter referred to as "State Great Khural"/ shall be implemented for the following purposes:

3.1.1.to ensure the enforcement of the law and other decisions of the State Great Khural;

3.1.2.to protect human rights and freedoms, and to ensure their guarantees;

3.1.3.to ensure the right to know of the citizens on specific matters involving public interests;

3.1.4.to ensure the right to participate in state affairs directly by the citizens and through the state representative bodies elected and formed by them;

3.1.5.when approving the five-year development guideline of Mongolia, the action plan of the Government, the implementation of the annual national development plan and documents of long-term and mid-term development policy, and the state budget and budget performance aimed at their implementation, to control the compliance with sub-paragraph 7 of paragraph 1 of Article Twenty-five of the Constitution;

3.1.6.to constitute the permanent control system of the budget and state financial management and to improve their effectiveness;

3.1.7.to improve the effectiveness of the state management system by determining the urgent issues occurred in the activities of the state bodies within the implementation of the law, and by eliminating the violations and deficiencies revealed in the activities of the state bodies and officials within the monitoring and inspection of the State Great Khural;

3.1.8.to constitute a permanent system for evaluation and analyze of the consequences of the implementation of legislation, to improve and refine the implementation and effectiveness of the legislation.

Article 4.Principles of implementation of monitoring and inspection of the State Great Khural of Mongolia

4.1.When exercising the powers of monitoring and inspection by the State Great Khural, it shall adhere to the following special principles in addition to the fundamental principles of the activities of the state specified in the Constitution:

4.1.1.to honor and respect the Constitution;

4.1.2.to protect of human rights and freedom;

4.1.3.to ensure balance between state powers;

4.1.4.to be based on impartial and comprehensive information;

4.1.5.to be free from conflict of interests;

4.1.6.to prohibit from illegal influence;

4.1.7.to be transparent.

4.2.The principle of monitoring and inspection of the State Great Khural specified in paragraph 4.1 of this Law shall be understood in the following meanings:

4.2.1."principle of honoring and respecting the Constitution" shall mean to work within the framework of the basic concepts and fundamental principles of the Constitution by the State Great Khural when exercising its powers of monitoring and inspection;

4.2.2."principle of protection of human rights and freedoms" shall mean not to illegally encroach on human rights and freedoms, to ensure the guarantee to exercise basic rights, and to ensure public participation determined by the Constitution by the State Great Khural when exercising its powers of monitoring and inspection;

4.2.3."principle of adhering to the balance between state powers" shall mean shall not to disturb the distribution, control and balance of state power established by the Constitution, and not to substitute executive and judicial powers by the State Great Khural when exercising the powers of monitoring and inspection;

4.2.4."principle of being based on impartial and comprehensive information" shall mean to work based on the realistic and comprehensive estimation, research, information, and conclusions upon grounding on the information source to be impartial from the Government and international organizations, and verifying them by the State Great Khural when exercising its powers of monitoring and inspection;

4.2.5."principle of being free from the conflict of interest" shall mean to conduct the monitoring and inspection of the State Great Khural as for the representative of the people only and to be separate from the personal and certain group interests by the competent entity specified in Article 7 of this Law;

4.2.6."principle of prohibiting the illegal influence" shall mean not to interfere with independent and impartial organizations to be performed their duties undertaken under the laws by the State Great Khural when exercising the powers of monitoring and inspection;

4.2.7."principle of being transparent" shall mean to be accessible and report openly to public the process of monitoring and inspection of the State Great Khural, relevant information and results unless restricted by the law.

Article 5.Integrated database for monitoring and inspection of the State Great Khural

5.1.The State Great Khural shall have an integrated database for monitoring and inspection /hereinafter referred to as "the integrated database"/.

5.2.The integrated database shall consist of relevant documents and information of monitoring and inspections conducted by the State Great Khural, monitoring and inspection information obtained from other organizations, and other regular information specified in the legislation, and the integrated database shall be open to the public unless otherwise provided by law.

5.3.The information specified in paragraph 5.2 of this Law shall be centralized in the integrated database according to the joint decision of the Secretariat of the State Great Khural /hereinafter referred to as "Secretariat"/ and relevant organizations.

5.4.The Secretariat shall have a right to obtain the necessary information from the relevant electronic system of the state body and the database created in electronic form.

5.5.It shall be prohibited to conceal the required information, estimation, research and documents required by the State Great Khural in connection with the implementation of its powers of monitoring and inspection.

5.6.The Secretariat shall create and maintain an integrated database. The procedure for creating, maintaining and using the integrated database shall be approved by the ordinance of the Chairman of the State Great Khural.

5.7.Unless otherwise specified by law, the following information in regards with the progress and results of the monitoring and inspection of the State Great Khural shall be reported public in electronic form:

5.7.1.monitoring and inspection work plan;

5.7.2.monitoring and inspection work report.

/This paragraph was added by the law as of November 11, 2022/

CHAPTER TWO

METHODS OF THE MONITORING AND INSPECTION OF THE STATE GREAT KHURAL AND ITS IMPLEMENTATION SYSTEM

Article 6.Methods of the monitoring and inspection of the State Great Khural of Mongolia

6.1.The State Great Khural shall exercise the powers of monitoring and inspection through the following methods:

6.1.1.to ask questions;

6.1.2.to make inquiries;

6.1.3.to make assessment on the outcomes of the implementation of the legislation;

6.1.4.to hear an information, discuss reports and presentations;

6.1.5.to monitor the budget;

6.1.6.to conduct a monitoring hearing;

6.1.7.to establish a temporary monitoring inspection committee.

6.2.A member of the State Great Khural shall not constitute the composition of the monitoring and inspection working group related to the activities of the position that he/she previously and currently performs concurrently.

Article 7.Implementation system of monitoring and inspection of the Great Khural of Mongolia

7.1.The Standing, Sub and Temporary monitoring and inspection committee shall organize and implement activities to monitor the enforcement of the legislation by the State Great Khural.

7.2.When the State Great Khural exercising its powers of monitoring and inspection, if it is deemed necessary, it shall conduct it based on the State Audit Body, the Bank of Mongolia, the National Statistics Office, the Financial Regulatory Commission, the National Human Rights Commission, the Civil Service Council, and other relevant independent organization with functions of monitoring and inspection. The State Great Khural shall not interfere with the independence of that organization when involving them in the monitoring and inspection of the State Great Khural within the framework of their functions specified in the legislation.

7.3.When the State Great Khural exercising its powers of monitoring and inspection, if it is deemed necessary, it shall involve professional researchers, experts, specialist, professional associations and non-governmental organizations specialized under the respective matters. 

7.4.The Secretariat shall provide professional, methodological, technical, and organizational assistance, when the State Great Khural exercising its powers of monitoring and inspection.

Article 8.Monitoring the enforcement of the legislation within the framework of the matters in charge of by the Standing and Sub-committee

8.1.The Standing Committee shall individually and jointly establish a working group with duties to inspect and research certain issues within the framework of matters in charge of, or to conduct monitoring and inspections on the enforcement of legislation, to make relevant opinion and conclusions, and to develop the drafts of decisions.

8.2.The Standing Committee may establish a sub-working group which consists of the representatives of the relevant monitoring and inspection bodies and competent officials for the purposes of providing the professional and methodological assistance to the working group specified in paragraph 8.1 of this Law, and if it is deemed necessary, the representatives from specialized researchers, experts, specialist, professional associations and non-governmental organizations in order to provide assistance in matters requiring special knowledge and professional specialization, and it may also involve officials of the organizations specified in paragraph 7.2 of this Law and competent officials of the Government.

/This paragraph was modified by the law as of November 11, 2022/

8.3.The Standing Committee shall approve the operational guidelines of the working group to be conducted the monitoring and inspection specified in Paragraph 8.1 of this Law by its resolution, and the working group shall make opinion and conclusions and introduce to the Standing Committee within the period specified in the respective resolution. The opinion and conclusions of the working group shall be introduced to the Standing Committee and, if necessary, to the plenary session by the Head of the working group.

8.4.If the working group considered it is necessary, it shall draft a resolution and submit it to the relevant Standing Committee along with the opinions and conclusions specified in Paragraph 8.3 of this Law.

8.5.Unless otherwise provided by the law, the Standing Committee shall issue the following resolution within the framework of the exercising the power of monitoring and inspection of the State Great Khural:

8.5.1.on organizational issues related to the exercising the power of monitoring and inspection;

8.5.2.to provide directions to the Government and other relevant body on the issues to ensure the implementation of the law, eliminate violations, and, if it is considered necessary, on the implementation of the recommendations provided by the audit report of the State Audit Body.

8.6.Within the scope of their competence, the Standing Committee shall provide direction to the Government and other related bodies only in the form of the resolution.

8.7.Based on the results of the monitoring and inspection, the Standing Committee shall submit relevant opinion and conclusions and introduce them to the plenary session. If it is considered necessary, a draft resolution shall be developed and submitted to the plenary session on the issues specified in Article 11 of this Law.

8.8.The sub-committee shall have a right to conduct monitoring and inspections and research on the issues under its competence, to obtain necessary information, to receive explanation from relevant officials, citizens, and organizations, to develop drafts of other decisions of the State Great Khural, and to be discussed them at the session of the relevant Standing Committee.

8.9.The sub-committee may issue a resolution only on the issues specified in sub-paragraph 8.5.1 of this Law.

Article 9.Form of monitoring and inspection of the State Great Khural of Mongolia

9.1.The monitoring and inspection of the State Great Khural shall have the forms of planned and unplanned.

9.2.When making assessment on the outcomes of the implementation of the legislation, hearing and discussing reports, information, and presentations, conducting the budget inspections, as well as carrying out the monitoring and inspection within the scope of their competence by the Standing and sub-committees, they shall be planned and issued a timeline in accordance with Article 10 of this Law.

9.3.The unplanned monitoring and inspections can be carried out by reflecting it in the monitoring and inspection timeline of the Standing Committee by taking into account of opinion, complaints, information from citizens and organizations, or the proposal of the member of the State Great Khural issued based on the results of the monitoring and inspection, and if according to Paragraph 391.2 of the Law on the State Great Khural of Mongolia, 70,000 or more citizens have submitted a proposal to conduct monitoring and inspection within the scope of the competence of the Standing Committee, the respective proposal shall be discussed.

/This paragraph was modified by the law as of November 11, 2022/

Article 10.Timeline of planned monitoring and inspections of the State Great Khural of Mongolia

/This article was modified by the law as of November 11, 2022/

10.1.The monitoring and inspection timeline of the State Great Khural shall be approved by the order of the Chairman of the State Great Khural based on the opinion of the Standing Committees and party and coalition groups, and in consultation with the Council session specified in Paragraph 14.3 of the Law on the State Great Khural of Mongolia.

10.2.If proposal and initiatives are submitted by the citizens on the issues specified in Article 3 of this Law, the Standing Committee shall discuss and decide the issues to be included in the monitoring and inspection timeline of the next regular plenary session within the scope of their competence.

10.3.Standing committees and party and coalition groups shall submit their proposals to be included in the monitoring and inspection timeline of the next regular plenary session to the Secretariat 15 working days before the end of the respective regular plenary session.

10.4.If the Standing committees do not submit their proposals within the period specified in Paragraph 10.3 of this Law, it shall be considered to have no proposals to be made specifically for the monitoring and inspection timeline.

10.5.The grounds and duration of the monitoring and inspections shall be clearly reflected in the planned monitoring and inspection timeline of the State Great Khural.

10.6.The Standing committee shall reflect in the monitoring and inspection timeline in regards with organizing the monitoring and inspection work to discuss the petitions and complaints of citizens to monitor the Government within 30 days before the start of the regular plenary session within the scope of its competence.

Article 11.Measures to be implemented in accordance with the monitoring and inspection of the State Great Khural of Mongolia

11.1.Based on the results of the monitoring and inspection, the State Great Khural shall take measures to improve the relevant legislation if it is considered necessary.

11.2.The State Great Khural shall issue a resolution to be ensured and intensified the enforcement of legislation, to be eliminated violations and deficiencies detected under the monitoring and inspection, and to be resolved the issue of liability of relevant officials in accordance with the law, if it is considered necessary.

11.3.The report on implementation of the legislation which was assigned and issued the directions to the Government from the State Great Khural in accordance with Paragraph 11.2 of this Law shall be submitted to the State Great Khural every six months, and it shall be made analysis by the Secretariat, and the introduction in regards with it shall be submitted to the relevant Standing Committees.

CHAPTER THREE

IMPLEMENTATION OF MONITORING AND INSPECTION OF THE STATE GREAT KHURAL

Sub-chapter One

Questions and inquiries

Article 12.Asking questions

12.1.The "question" shall mean to address in written form by the member of State Great Khural to the Prime Minister and the Cabinet members on the certain policy matters, their financing, and on the matters whether the state finance, state public property, human rights and freedoms are being satisfied or not, as well as to the head of the organization of which members and management are elected and appointed from the State Great Khural in order to obtain information in connection with the implementation of the functions established by law of the respective organization. The information to be obtained in written official letter as specified in sub-paragraphs 8.1.16 and 8.1.17 of the Law on the State Great Khural of Mongolia shall not be applied to questions.

12.2.The relevant official shall submit the answer in written form to the member within 14 days after the delivery of the question. If the answer to the question is submitted late without excusable reason, it shall be a ground to impose a liability on the respective official in accordance with the Law on Civil Service.

12.3.If the member considers that the information provided by the relevant organization or official in terms of the answer to the question does not meet the requirements, he/she shall send an official letter with deadline in order to obtain additional information, estimations, and research. The relevant official shall be obliged to submit additional information within the period specified in the official letter.

12.4.If the member considers it is necessary, he/she may introduce the answer to the question at the Standing Committee session and forward a request to take certain measures to the Chairman of the Standing committee along with the draft decision.

12.5.The Standing committee shall discuss the request and draft decision issued by the member as specified in Paragraph 12.4 of this Law at the session, and may introduce its opinions and conclusions to the plenary session.

Article 13.Making inquiries

13.1.The "inquiry" shall mean to address in written form by the member of State Great Khural to the Prime Minister, the Cabinet members, and the head of the organization of which members and management are elected and appointed from the State Great Khural in order to clarify how the implementation of the laws and other decisions of the State Great Khural was organized and what results were achieved, and to demand to carry out the activities specified by the law.

13.2.The relevant official shall submit the answer in writing to the member within 30 days after the inquiry is submitted. If the answer to the inquiry is submitted late without excusable reason, it shall be a ground to impose a liability on the official in accordance with the Law on Civil Service.

13.3.If the member considers that the information provided by the relevant organization or official in terms of the answer to the inquiry does not meet the requirements, he/she shall send an official letter with deadline in order to obtain additional information, estimations, and research. The relevant official shall be obliged to submit additional information within the period specified in the official letter.

13.4.If the member who made the inquiries considers it is necessary, he/she may introduce the answer to the inquiries made by him/her at the plenary session in accordance with the procedure specified in the Law on procedure of the session of the State Great Khural of Mongolia.

13.5.If the plenary session discussed the answer to the inquiry made by the member in accordance with paragraph 13.4 of this Law, and supported to issue a certain decision from the State Great Khural, then a direction in regards with it may be given to the Standing committee in charge of the respective issues.

13.6.The Standing committee in charge of the issue may introduce draft laws, other draft decisions of the State Great Khural, and its relevant opinions and conclusions in accordance with the direction given from the plenary session as specified in paragraph 13.5 of this Law at the plenary session.

Sub-chapter Two

Making assessment on the outcomes of the implementation of the legislation

Article 14.Making assessment on the outcomes of the implementation of the legislation

14.1."Assessment on the outcomes of the implementation of the legislation" shall mean complex activities aimed at analyzing the data accumulated during the implementation of the legislation, identifying the problems and difficulties being arisen, as well as the positive and negative impacts on the society, determining possible versions in order to implement the respective legislation appropriately and effectively further, and defining the scope to improve the legislation.

14.2.An assessment to be made on the outcomes of the implementation of the legislation shall include the following scopes:

14.2.1.in entirety of the legislation;

14.2.2.in some articles, paragraph and sub-paragraph of the legislation;

14.2.3.in regulation of legislation being regulated certain relationships.

14.3.If the relevant Standing committee considers it is necessary, it shall make assessment on whether or not the rules and procedures adopted by the Government are in compliance with the respective law in order to implement the legislation.

14.4.The Secretariat shall provide professional and methodological assistance in making assessment on the outcomes of the implementation of the legislation.

14.5.The expenses to be spent in connection with the making assessment on the outcomes of the implementation of legislation by the State Great Khural shall be financed from the state budget.

14.6.Non-profit organizations may finance the works in regards with the assessment on the outcomes of the implementation of legislation without the intention of illegally influencing in the legislative activities.

14.7.If the State Great Khural considers it is necessary, the assessment on the implementation of the legislation can be made by or in collaboration with the external, independent organizations, researchers, experts, specialists, and non-governmental organizations specialized in the respective matters.

14.8.The State Great Khural shall upload mandatorily the reports, conclusions and recommendations of the monitoring and analysis made on the implementation status of the legislation and the assessment on the outcomes of the implementation of legislation of the Government, State organizations and the persons specified in Paragraph 14.7 of this Law in the electronic database specified in Article 5 of this Law within 10 days.

14.9.If it is considered necessary, the relevant Standing committee may hear the results of the assessment on the outcomes of the implementation of legislation at its session.

14.10.The presentation of the Legal Standing committee on the results of the assessment of the outcomes of the implementation of the legislation made by the State Great Khural in the given year shall be presented at the plenary session within the first week of December every year.

14.11.Procedures and methodologies for making assessment on the outcomes of the implementation of legislation shall be approved by the order of the Chairman of the State Great Khural.

Sub-chapter Three

Information, reports, and presentations

Article 15.Hearing to information

15.1.The plenary session shall hear to the following information in open and closed manner within the time specified by the law:

15.1.1.annual closed information of the Head of the National Security Council on the implementation of the national security concept and the state of national security in the given year;

15.1.2.the Prime Minister's bi-weekly briefing;

15.1.3.if necessary, information to be provided by the Prime Minister and Cabinet members on current issues.

15.2.The plenary session, after discussing the information specified in sub-paragraphs 15.1.2 and 15.1.3 of this Law, may give a direction to the Standing Committee in charge of the issue, if it is considered that it is necessary to make a specific decision by the State Great Khural and give a direction to the Government to ensure the enforcement of legislation.  

15.3.If the State Great Khural approves a resolution of the State Great Khural on giving a direction to the Government in order to ensure the enforcement of the legislation, the Government shall be obliged to introduce the implementation of the respective resolution to the State Great Khural within the time specified in the resolution.

Article 16.Discussing reports, presentations, and information

16.1.The State Great Khural shall discuss the following reports, presentations and information in open and closed manner within the period specified by law:

16.1.1.the conclusions and recommendations of the audit report carried out by the State Audit Body within the framework of implementing the independent control over state finances and the budget, and the report on their implementation from time to time;

16.1.2.information from the Anti-corruption agency on the implementation of anti-corruption legislation and the general state of the corruption per annum;

16.1.3.a presentation of the National Human Rights Commission on the state of human rights and freedom in Mongolia per annum;

16.1.4.a financial report of the Bank of the Mongolia, related audit opinions and conclusions thereto, and the Supervisory Board's opinions and recommendations per annum, and if necessary, the Bank of Mongolia's information on state monetary policy, the implementation of relevant legislation, and money and credit status;

16.1.5.a report of the Civil Service Council on the implementation of the functions undertaken by law per annum;

16.1.6.a report on the activities of the prevention of torture of the Commissioner of the National Human Rights Commission in charge of the Prevention of Torture within the first quarter per annum;

16.1.7.information from the Prosecutor General on the implementation of criminal and violation legislation at least once a year;

16.1.8.reports of the Government and the National Human Rights Commission on the implementation and results of legislation on ensuring the gender equality every two years;

16.1.9.reports of the Financial Regulatory Commission on the enforcement of legislation in connection with the regulating and controlling of financial services other than the banking sector per annum;

16.1.10.reports of the National Statistics Commission on the implementation of statistical legislation per annum;

16.1.11.an operational report of the National Council of Social Insurance per annum;

16.1.12.an operational report of the National Council of Health Insurance per annum;

16.1.13.reports of the Government on the implementation of medium-term strategic documents of the Government's debt management and the implementation of legislation on debt management per annum.

16.1.14.general results of the Government's monitoring and inspections per annum.

/This sub-paragraph was added by the law as of November 11, 2022/

16.2.The report specified in Paragraph 16.1 of this Law shall be published on the website of the State Great Khural within three working days after receiving it by the State Great Khural, and within 10 working days, the Secretariat of the State Great Khural shall analyze it and distribute it to the relevant Standing committees and members.

16.3.The Standing committee may, after discussing the reports, presentations, and information specified in Paragraph 16.1 of this Law, develop proposals in connection with improving the legislation, ensuring their implementation, and imposing a liability on the relevant officials, be discussed them at a plenary session, and be approved the necessary decisions.

16.4.If the State Great Khural approves a resolution of the State Great Khural on giving a direction to the Government in order to ensure the enforcement of the legislation, the Government shall be obliged to present the implementation of the resolution to the State Great Khural within the period specified in the respective resolution.

Article 17.Discussing the performance report of the annual state development plan

17.1.When discussing the performance of the annual State Development Plan within April 1st  of each year, the State Great Khural shall review and discuss the following issues:

17.1.1.whether the implementation of the annual state development plan has reached the target level of the current year and met the criteria or not in the terms of each project and measure, and in the aggregate amount;

17.1.2.by comparing the percentage of each project and measure whether the execution of the current year has reached or not the five-year development directives of Mongolia and met in what target level specified in the action program of the Government, and whether the requirements met or not;

17.1.3.if the projects and measures specified in the state annual development plan have not fully implemented, the results of the analysis and assessment made on the reasons and conditions thereof, and certain proposals for further measures to be taken.

17.2.The Government shall submit the performance report of the state annual development plan along with the monitoring and assessment report to the Secretariat of the State Great Khural and the State Audit Body prior to 45 days from submitting them to the State Great Khural.

17.3.The State Audit Body shall audit the performance report of the state annual development plan and submit it to the State Great Khural within March 15th of each year.

17.4.The State Great Khural, if considered necessary after discussing the reports specified in Paragraphs 17.2 and 17.3 of this Law, may give a direction by its resolution to the Government on certain directions in connection with the developing a draft of the state development plan for the subsequent year and on the issue of imposing liability on the relevant officials.

17.5.If the State Great Khural approves the resolution specified in Paragraph 17.4 of this Law, the Government shall be obliged to introduce the implementation of the resolution to the State Great Khural within the period specified in the respective resolution.

Article 18.Discussing the performance report of the five-year development guideline of Mongolia and the action program of Government

18.1.The progress of implementation of the five-year development guideline of Mongolia and the action program of Government shall be reviewed and discussed by the State Great Khural upon consolidating with the performance report of the annual State Development Plan within April 1st of each year.

18.2.The performance report of the five-year development guideline of Mongolia and the action program of Government shall be reviewed and discussed by the State Great Khural within April 1st of the year before the expiration date of the respective document.

18.3.When discussing the performance report of the five-year development guideline of Mongolia and the action program of the Government, the State Great Khural shall review and discuss the following issues:

18.3.1.the goals, objectives, and expected results of the action program of Government has reached in what percentage of goals, objectives, and expected results to be reflected in the five-year development guideline of Mongolia in terms of each objective;

18.3.2.whether the action program of Government has reached its expected target level and met the indicators in terms of the overall results;

18.3.3.the goals, objectives, and expected results which were reflected in the five-year development guideline of Mongolia have reached in what percentage of  the goals, objectives, and expected results of the long and mid-term documents specified in Paragraphs 6.2 and 6.5 of the Law on Development Policy and Planning, and Its Management in terms of each target;

18.3.4.whether the five-year development guideline Mongolia has reached its target level and met the indicators in terms of the overall results;

18.4.The State Audit Body shall audit the performance report of the five-year development guideline of Mongolia and the action program of Government, and submit them to the State Great Khural within March 15th of the year in which the performance report to be discussed.

18.5.The Government shall submit the performance report of the five-year development guideline of Mongolia and the action program of Government, along with the monitoring and assessment report, to the Secretariat of the State Great Khural and the State Audit Body prior to 45 days before the submission of them to the State Great Khural.

18.6.If the State Audit Body concluded that the projects and measures specified in the five-year development guideline of Mongolia and the action program of Government have not fully implemented, it shall reflect their reasons and conditions, as well as the recommendations on further measures to be taken in its audit report.

18.7.If the State Great Khural considers it is necessary, upon reviewing and discussing the reports specified in Paragraphs 18.2 and 18.6 of this Law, shall approve a resolution to give relevant directions to the Government. The Government shall be obliged to introduce the measures taken to implement the resolution of the State Great Khural and the results thereto to the State Great Khural within the time specified in the respective resolution.

Article 19.Discussing progress and performance reports of development target programs

19.1.The State Great Khural shall discuss the progress report on implementation of development target programs specified in Paragraph 6.5 of the Law on Development Policy and Planning and Its Management for every five years by consolidating with the performance report on the five-year development guideline of Mongolia.

19.2.The performance report of development target programs shall be reviewed and discussed by the State Great Khural one year before the expiration date of the respective document.

19.3.The State Great Khural shall review and discuss the following issues when discussing the performance report of the development target programs:

19.3.1.the development target program has reached in what percentage of the relevant goals, objectives, and expected results of the long-term development policy in terms of each program;

19.3.2.whether the development target program has reached its target level and met the indicators in terms of the overall results of each goal and objective.

19.4.The State Audit Body shall conduct an audit on the performance report in the given year when to discuss the performance of the development target programs and submit it to the State Great Khural.

19.5.The Government shall submit the performance report of the development target programs along with the monitoring and assessment report to the Secretariat of the State Great Khural and the State Audit Body, six months before submitting it to the State Great Khural.

19.6.If the State Audit Body concludes that the development target programs have not fully implemented, it shall reflect the reasons and conditions thereto, and recommendations for further measures to be taken in the audit report.

19.7.The State Great Khural shall approve a resolution on giving relevant directions to the Government after reviewing and discussing the reports specified in Paragraphs 19.2 and 19.6 of this Law, if it is considered necessary. The Government shall be obliged to present the measures taken to implement the resolution of the State Great Khural and the results thereto to the State Great Khural within the time specified in the respective resolution.

Article 20.Discussing the progress and performance reports of implementation of long-term policy documents

20.1.The State Great Khural shall review and discuss the progress report on the implementation of long-term development policy "Vision" /hereinafter referred to as "long-term development policy" every 10 years upon consolidating with the performance report of the development target programs.

20.2.The performance report of the long-term development policy shall be reviewed and discussed by the State Great Khural two years before the expiration date of the respective document.

20.3.The State Great Khural shall review and discuss whether the long-term development policy shall reached its target level and met the indicators in terms of each goal and objective.

20.4.The Government shall submit the performance report of the long-term development policy along with the monitoring and assessment report to the Secretariat of the State Great Khural and the State Audit Body six months before submitting it to the State Great Khural.

20.5.The State Audit Body shall audited the performance report of the long-term development policy and submitted it to the State Great Khural three months before the performance report discussed by the State Great Khural.

20.6.If the State Audit Body concludes that the goals and objectives of the long-term development policy have not fully implemented, the audit report shall include the reasons, conditions, and recommendations for further measures.

20.7.If the State Audit Body concludes that the long-term development policy shall not fully implemented, it shall reflect the reasons and conditions thereto, and certain proposal for further measures to be taken in the audit report.

20.8.The Standing committees shall submit their opinions and conclusions to the Standing Committee on State Development after discussing the performance report of the long-term development policy and. The relevant Cabinet members shall attend the session and answer to the questions asked by the members of the State Great Khural.

20.9.The State Great Khural shall approve a resolution to give relevant directions to the Government after reviewing and discussing the performance report of the long-term development policy, if deemed necessary. The Government shall be obliged to introduce to the State Great Khural the measures taken to fulfill the resolution of the State Great Khural and the results thereto within the time specified in the respective resolution.

CHAPTER FOUR

BUDGET MONITORING

Article 21.Principles and types of budget monitoring

21.1.In addition to the principles specified in Article 4 of this Law, the following principles shall be adhered to in the activity of monitoring the budget by the State Great Khural:

 21.1.1.to be continuous and permanent;

 21.1.2.to be transparent and open;

 21.1.3.to be effective;

 21.1.4.to be appropriate;

 21.1.5.to be ensured the involvement of public.

21.2.The State Great Khural shall implement budget monitoring in the following forms:

21.2.1.monitoring over the discussion stage of the draft budget submitted by the Government;

 21.2.2.monitoring over the budget implementation.

21.3.Draft budget monitoring shall have the following stages:

 21.3.1.monitoring of the first stage of the discussion;

 21.3.2.monitoring of the second stage of the discussion.

21.4.Unless otherwise specified in the law, the information on the budget monitoring and inspection of the State Great Khural shall be transparent and open to the public.

21.5.The annual budget proposals specified in sub-paragraph 8.4.3 of the Law on the Budget, which are required to make the estimation specified in this Law within the respective period, the breakdown of the budgets of the general budget administrators upon showing by economic classification of expenses, along with the breakdown of the sources of financing the respective expenses, as well as together with the parallelized breakdown of the three consecutive years prior to the discussion period of the budget draft of the current year, shall be submitted to the State Great Khural.

21.6.The methodology of analyzing on the draft budget shall be approved by the order of the General Secretary of the State Great Khural.

Article 22.Monitoring of the first stage of discussion of the draft budget

22.1.During the first stage of the discussion of the draft budget, whether the draft budget has met the following requirements or not shall be monitored:

22.1.1.whether the draft budget complies with the state development and national security policies in accordance with Sub-paragraph7, Paragraph 1, Article Twenty-five of the Constitution or not;

22.1.2.whether the criteria specified in the Law on Budget and the Law on Fiscal Stability has met or not;

22.1.3.whether it has aimed at implementing the annual state development plan.

22.2.Whether the draft budget has met the requirements specified in Paragraph 22.1 of this Law, shall be analyzed by the unit in charge of budget inspection and analysis matters of the Secretariat /hereinafter referred to as the "budget inspection and analysis unit"/ and it shall be distributed to the members of the State Great Khural.

22.3.The audit report as specified in Paragraph 8.4.7 of the Law on Budget and the recommendations of the Fiscal Stability Council issued on the matters specified in Paragraph 22.1 of this Law shall be distributed to the members immediately after submission to the State Great Khural.

22.4.If deemed necessary, by taking into account of the analysis specified in Paragraph 22.2 and the conclusion specified in Paragraph 22.3 of this Law, the State Great Khural shall return the draft budget from the first discussion to the Government only once upon giving directions to comply it with the Constitution and relevant laws.

22.5.The Government shall re-develop the draft budget in accordance with the law within the period specified in the Law on the Procedure of the Session of the Great Khural of Mongolia, and submit it to the State Great Khural.

22.6.The State Great Khural may hold a public discussion on the draft budget.

Article 23.Monitoring of the second stage of the discussion

23.1.Proposals made for inclusion in the draft at the second stage of the discussion shall meet the requirements specified in Paragraph 22.1 of this Law, and monitoring over them shall be exercised in accordance with Article 70 of the Law on the Procedure of the Session of the Great Khural of Mongolia.

23.2.When implementing the monitoring specified in Paragraph 23.1 of this Law, the budget inspection and analysis unit shall analyze and issue a conclusion, and such conclusion shall be distributed to the members at the second stage of the discussion of the draft budget.

23.3.At the second stage of the discussion, the budget inspection and analysis unit shall provide with the required estimation and information to the Subcommittee on Budget Expenditure Control and the Standing Committee on Budget.

Article 24.Monitoring the budget implementation

24.1.The State Great Khural shall exercise monitoring over the implementation of the budget as follows:

24.1.1.to discuss the presentation of the Cabinet member in charge of finance and budget matters on the performance of the integrated budget of Mongolia, the audit opinion on the performance of the integrated budget and the               consolidated financial report of the Government;

 24.1.2.if deemed necessary, to organize a budget monitoring hearing on the               implementation of the budget law of the current year in accordance with this Law               and the Law on Public Hearings;

24.1.3.if deemed necessary, to form and operate a working group to monitor and inspect the implementation of budget legislation, hear and discuss the results thereto;

 24.1.4.other forms specified by law.

24.2.The State Great Khural shall monitor whether the performance of the consolidated budget for the given year complies with the budget legislation or not, as well as whether the goals, objectives, projects and measures specified in the annual state development plan for that year have implemented or not.

24.3.Performances of the monthly, quarterly and half-year consolidated budget shall be submitted to the State Great Khural from time to time by competent body and officials, and it shall be analyzed by the budget inspection and analysis unit. The introduction thereto shall be prepared and submitted to the members of the State Great Khural and the relevant Standing Committee by the unit.

24.4.The State Great Khural, after discussing the audit report and conclusions made on the annual budget performance and the consolidated financial statements of the Government as specified in sub-paragraph 24.1.1 of this Law, may give a certain direction to the Government on measures to implement budget legislation, if deemed necessary .

24.5.The Government shall be obliged to present to the State Great Khural the measures and results taken to fulfill the resolution of the State Great Khural specified in Paragraph 24.4 of this Law within the period specified in the respective resolution.

CHAPTER FIVE

MONITORING HEARING

Article 25.Types of monitoring hearing of the State Great Khural of Mongolia

25.1.Monitoring hearings of the State Great Khural shall have the following types:

25.1.1.monitoring hearing in connection with ensuring the human rights and freedoms;

 25.1.2.budget monitoring hearing;

 25.1.3.general monitoring hearing;

 25.1.4.candidate hearing.

25.2.The monitoring hearings of the State Great Khural shall be organized in open and closed form, and it shall be prohibited to conduct closed hearings on issues other than those related to the protection of national security and the secrets of individuals, organizations, and the state.

25.3.The monitoring hearing of the State Great Khural shall be organized by the relevant Standing and Sub-committee in accordance with the procedure specified in the Law on Public Hearings and the Law on the Procedure of the Session of the Great Khural of Mongolia.

25.4.The relevant Standing and Sub-committee shall issue the report of the monitoring hearing, and opinions and conclusions on conducting of the monitoring hearing, and submit them to the plenary session, and the members shall ask questions and make a speech at the plenary session.

25.5.If the plenary session considers it is necessary for the State Great Khural to make a specific decision after discussing the opinions and conclusions specified in paragraph 25.4 of this Law, it may give directions to the relevant Standing Committee in this regard.

25.6.The relevant Standing committee shall draft laws and other decisions of the State Great Khural according to the direction given by the plenary session specified in Paragraph 25.5 of this Law and introduce them to the plenary session along with opinions and conclusions.

25.7.Unless otherwise specified by the law, the monitoring hearing of the State Great Khural shall be organized during the recess of the session of the State Great Khural.

/This paragraph was added by the law as of November 11, 2022/

Article 26.Monitoring hearing related to the ensuring the human rights and freedoms

26.1.The monitoring hearings shall be conducted to ensure the implementation of legislation in connection with the provision and protection of human rights and freedoms, to improve their effectiveness, to eliminate violations and deficiencies detected in the activities of state bodies and officials with the function of ensuring and protecting human rights and freedoms, to obtain information, and to evaluate them.

26.2.A citizen or legal entity shall submit a request for conducting a monitoring hearing in connection with ensuring the human rights and freedoms to the Standing or Sub-committee in charge of the issue, or to the minority group.

26.3.If a request made by a citizen or legal entity whose rights and legal interests are affected has been discussed and accepted by the Standing committee in charge of the issue, if a minority group has made a request, or if at least nine members of the State Great Khural have made a request, then the monitoring hearings related to the provision of human rights and freedoms shall be held in accordance with the Law on the Procedure of the Session of the Great Khural of Mongolia.

26.4.At the initiative of at least nine members of the State Great Khural, a monitoring hearing related to the provision of human rights and freedoms shall be conducted, and a conclusion may be issued by the National Human Rights Commission.

Article 27.Budget monitoring hearing

27.1.The State Great Khural may conduct budget monitoring hearings with the participation of state bodies, business entity, professional associations, researchers, and the public in order to monitor the implementation of the budget and related legislation, as well as through draft budget, budget performance, annual plans, and budget framework statement.

27.2.Budget monitoring hearings shall be initiated by the Standing Committee on Budget, the Standing Committee on the Economic, and the Sub-committee on Budget Expenditure Control. If at least nine members of the State Great Khural request a budget monitoring hearing, a budget monitoring hearing shall be conducted.

27.3.When conducting a budget monitoring hearing, the audit report and conclusion on the respective issue and its implementation shall be heard.

27.4.The Law on Public Hearings and the Law on the Procedure of the Session of the Great Khural of Mongolia shall be adhered to in relation to making proposals and organizing budget monitoring hearings.

Article 28.General monitoring hearing

28.1.The State Great Khural shall conduct a general monitoring hearing in order to get acquainted with the outcomes of the implementation of the legislation specified in Article 14 of this Law, and to monitor and assess the activities of the organization with function of implementing the legislation and its managing officials.

28.2.In the following cases, the State Great Khural shall conduct mandatorily a general monitoring hearing in accordance with the Law on the Procedure of the Session of the Great Khural of Mongolia:

 28.2.1.if a request is made by the President of Mongolia;

 28.2.2.if a request is made by at least nine members of the State Great Khural;

28.2.3.if a request is made by the majority of all members of the Standing and sub-committee or by minority group;

 28.2.4.if the Standing and Sub-committee in charge of the issue discussed and               accepted the request made by the citizen or legal entity whose rights and legal               interests are affected;

 28.2.5.if the period is determined in the law to conduct a hearing specifically. 

Article 29.Hearing of the candidate

29.1.In connection with the candidate proposed by the competent entity in accordance with the law, the State Great Khural shall conduct the hearing of the following candidates:

29.1.1.an appointment hearing regarding the candidates offered to the State Great Khural for appointment to the posts of the Justice member of the Constitutional Court, the Non-judge member of the Judicial General Council, the Non-judge member of the Judicial Disciplinary Committee, the Member of the National Human Rights Commission, the Commissioner in charge of  Prevention of Torture, the General Director and Deputy General Director of the Anti-Corruption Agency, the Commissioner of the General Election Commission, the Member of the National Council of Public Radio and Television, the Member of the Civil Service Council, the General Auditor of Mongolia, the Governor, First Deputy Governor, and Deputy Governor of the Bank of Mongolia, the Chairman and Commissioner of the Financial Regulatory Commission, the Director of Supervisory Board of the Financial Regulatory Commission, the Chairman of the National Statistics Office, the Chairman of the Supervisory Board of the Bank of Mongolia;

/The wording "Justice member of the Constitutional Court, ..." in this sub-paragraph was suspended starting from September 27, 2023 by the conclusion No. 05 of the Constitutional Court (Tsets) as of September 27, 2023/

29.1.2.If the law specifically provides to conduct a hearing of the candidates by the State Great Khural or at least nine members of the State Great Khural have requested to hold a hearing to get acquainted, negotiate, or appoint as for a candidate of official who is required by the law to be introduced, negotiated, and appointed by the State Great Khural.

/The wordings "... to get acquainted, negotiate, ... to be introduced, negotiated, ..." of this sub-paragraph were suspended starting from September 27, 2023 by the conclusion No. 05 of the Constitutional Court (Tsets) as of September 27, 2023/

29.2.The hearing of the candidate shall be based on facts and information, and the participation of the parties shall be balanced, and whether the candidate meeting the requirements set on the respective posts in regards with the education, profession, specialization, experience, knowledge, skills, ethics, and other requirements specified by the law or not shall be discussed openly, and it shall be aimed at ensuring the right to know about the candidate by the public.

29.3.The hearing of the candidate shall be conducted by the relevant Standing Committee /hereinafter referred to as "Standing Committee"/ within the framework of the issues specified in the Law on the State Great Khural of Mongolia.

29.4.When conducting the hearing of the candidate, this Law, Law on Public Hearings, Law on the Procedure of the Session of the Great Khural of Mongolia and other related legislation shall be adhered to.

29.5.The Secretariat office shall provide professional, methodological, technical, and organizational assistance in conducting the hearing of the candidate by the Standing Committee /hereinafter referred to as "hearing" in this chapter/.

29.6.The relevant Standing committee shall approve the template of the form for obtaining information such as a detailed introduction of the candidate, work to be done in case of appointment, reasons for nomination, and general and special requirements set on the respective position.

29.7.The information mentioned in the template specified in Paragraph 29.6 of this Law shall be obtained from the candidates themselves.

Article 30.Hearing chairman and participant

30.1.The Standing Committee shall elect the chairman of the hearing by majority vote of the members present at the meeting, and in the absence of the chairman of the hearing, the member appointed by the chairman shall preside over the hearing. The chairman of the hearing shall exercise the general rights and obligations specified in Article 17 of the Law on Public Hearings.

30.2.In addition to the members of the Standing committee, the participants specified in Paragraph 10.2 of the Law on Public Hearings shall participate in the hearing, and they shall exercise the general rights and obligations specified in Article 15 of this Law.

30.3.If the public servant who is obliged to participate in the hearing in terms of the position he/she holds, refuses to participate in the hearing or to give an explanation without excusable reason, and it shall be considered as a violation of the procedures and legislation of organizing public hearings and participating in hearings, as specified in sub-paragraph 39.1.17 of Article 39 of the Law on Civil Service. 

30.4.If the member of the Standing committee is a person related to the candidate in accordance with sub-paragraph 3.1.5 of the Law on Regulation of Public and Private Interests and Prevention of Conflict of Interest in Public Service, he/she shall notify it to the public before the hearing.

Article 31.Candidate hearing stage

31.1.The hearing shall have the following stages:

31.1.1.to recommend a candidate;

31.1.2.to set and announce the hearing date;

31.1.3.to ensure the preparation of the hearing;

31.1.4.to conduct the hearing;

31.1.5.to issue the hearing report;

31.1.6.to introduce the hearing report at the plenary session.

31.2.The competent body and officials shall formally submit their proposals to appoint, negotiate and introduce the officials to the State Great Khural in accordance with the law. The proposal shall attach the introduction of candidate reflecting justifiable grounds on satisfying the requirements set on the respective posts in regards with education, profession, specialization, experience, knowledge, skills, ethics, and other requirements specifically stipulates in the law by the candidate, preliminary declarations of the private interests, and other documents, information.

31.3.Unless otherwise specified by law, the Standing committee shall conduct the following proceedings within five working days after receiving the proposal specified in Paragraph 31.2 of this Law during the session of the State Great Khural, and within five working days after the start of the regular session if it is received during the recess of the session:

 31.3.1.to set the date of the hearing and inform the public;

31.3.2.to upload the proposals specified in Paragraph 31.2 of this Law and the introduction of the candidate on the website of the State Great Khural, and information related to the personal secrets shall not be published.

31.4.If the law specified that the Standing committee shall select candidates by itself, the Standing committee shall carry out the proceedings specified in Paragraph 31.3 of this Law within five working days after the results of the selection are announced.

31.5.The Standing committee within at least 14 days after conducting the proceedings specified in Paragraphs 31.3 and 31.4 of this Law, shall register the hearing participants, receive written questions and suggestions to be asked from the candidate in advance, and if necessary, fulfill the preparation for the hearing such as developing and approving the regime/order of the respective hearing.

31.6.The hearing stage shall begin as proposing the candidate. The hearing period specified in sub-paragraph 31.1.4 of this Law shall continue up to three days.

31.7.Unless otherwise specified by law, the candidate's hearing shall be conducted in open form. If the majority of the members of the Standing committee support the candidate's justifiable request, the hearing shall be conducted in the closed form.

31.8.The hearing report shall be issued within five working days after holding the hearing, and shall be introduced to the Standing committee and distributed to the plenary session.

Article 32.Validity of the monitoring hearing

32.1.Unless otherwise specified in this Law, the hearing shall be considered valid if at least one-third of the members of the Standing and Sub-committees participate in the hearing.

CHAPTER SIX

TEMPORARY MONITORING AND INSPECTION COMMITTEE OF THE STATE GREAT KHURAL

Sub-chapter One

Legal Status of the Temporary monitoring and inspection committee

Article 33.Establishment of a Temporary monitoring and inspection committee

33.1.If at least one-fourth of the entire members of the State Great Khural proposes to establish a Temporary monitoring and inspection committee in regards with particular issues affecting public interest in connection with ensuring the law enforcement specified in Paragraph 2 of Article Twenty-eight of the Constitution, the State Great Khural shall establish it by the resolution upon involving the minority representative in it.

33.2.The Temporary monitoring and inspection committee specified in Paragraph 33.1 of this Law shall be responsible for monitoring and inspecting the specific issues affecting the public interest upon exercising its powers specified in Paragraph 35.1 of this Law and shall be responsible for reporting the results thereto to the State Great Khural within a specified period.

33.3.A draft resolution shall be submitted to the State Great Khural on the issues specified in Paragraph 33.1 of this Law, and the draft resolution shall clearly reflect the subject and scope of the special inspection of the Temporary monitoring and inspection committee, as well as the grounds for establishing the Temporary monitoring and inspection committee on that issue.

33.4.If the draft resolution is submitted in accordance with Paragraph 33.3 of this Law, it shall be discussed immediately regardless of sequence of the session agenda in accordance with Article 93 of the Law on the Procedure of the Session of the Great Khural of Mongolia, and a resolution on the establishment of a Temporary monitoring and inspection committee shall be approved.

33.5.The relevant Standing committee shall discuss the draft resolution and make opinions and conclusions on whether the subject and scope of the special inspection of the Temporary monitoring and inspection committee are contrary to the Constitution or not, and submit them to the plenary session.

33.6.The subject and scope of the special inspection of the Temporary monitoring and inspection committee, which were reflected in the draft resolution of the State Great Khural, shall be amended only on the following grounds:

33.6.1.the opinions and conclusions of the relevant Standing committee are issued that they are being contrary to the Constitution;

33.6.2.unanimously agreed by the initiating members.

33.7.If the subject and scope of the special inspection of the Temporary monitoring and inspection committee will be amended, it shall be amended by the resolution of the State Great Khural on the grounds specified in Paragraph 33.6 of this Law.

33.8.The Temporary monitoring and inspection committee shall be established for term of up to six months. If necessary, it shall be extended with same term once, and if the power of the State Great Khural expires during the working term of the Temporary monitoring and inspection committee, the Temporary committee shall be considered as liquidated. The Temporary monitoring and inspection committee shall be considered as liquidated upon introducing its report, proposals, and conclusions to the State Great Khural.

33.9.The activities of the Temporary monitoring and inspection committee /hereinafter referred to as "Temporary committee" in this chapter/ shall be within the scope of the powers of the State Great Khural on monitoring and inspecting the legislation enforcement. It shall be prohibited to the Temporary monitoring and inspection committee from hindering, interfering, or giving instructions in the case and dispute adjudicating proceedings of the court or other competent bodies.

Article 34.Composition of the Temporary committee

34.1.The Temporary committee shall consist of 5 to 19 members, and a member of the State Great Khural may work no more than two temporary committees simultaneously.

34.2.When determining the composition of the Temporary committee, the majority and minority representatives in the State Great Khural shall be proportional, however at least one third of the composition of the temporary committee shall be the minority representatives, and the principle to participate the representatives of each party and coalition group in the State Great Khural shall be adhered to.

34.3.The representatives of the majority specified in Paragraphs 11.1 and 11.2 of the Law on the State Great Khural of Mongolia and the representatives of minority specified in Paragraph 11.3 of the Law on the State Great Khural of Mongolia shall determine the names of the members to be included in the composition of the Temporary committee by themselves in accordance with the principles specified in Paragraph 34.2 of this Law and submit them to the relevant Standing Committee. The Standing committee shall discuss the names submitted without changing them.

34.4.If the previous or current activity of a member of the State Great Khural is related to the issue of special inspection, it shall be prohibited to include him/her into the composition of the Temporary committee.

34.5.The chairman of the Temporary committee shall be elected by the majority of the members present at the meeting of the temporary committee. If deemed necessary depending on the subject of the Temporary committee's monitoring and inspection, the chairman of the Temporary committee shall be selected from among the minority representatives of the Temporary committee.

34.6.The chairman of the Temporary committee shall govern and organize the activities of the Temporary committee and preside the session of the Temporary committee.

Article 35.Powers of the Temporary Committee

35.1.In addition to the general powers of the Standing committee, the Temporary monitoring and inspection committee shall exercise the following powers:

35.1.1.to collect the evidence in the following methods:

35.1.1.a.to analyze and assess the evidence at a public hearing;

35.1.1.b.to obtain the evidence from the state body;

35.1.1.c.to issue a request to provide evidence;

35.1.1.d.to demand from an individual or a legal entity to provide evidence;

35.1.1.e.to summon as a witness, take testimony from a witness, and ask questions;

35.1.1.f.to appoint an expert, obtain explanations and statements;

35.1.1.g.to get acquainted with the situation on-site and make notes.

35.1.2.to appoint an inspector;

35.1.3.to analyze documents;

35.1.4.to introduce reports, proposals, and conclusions to the State Great Khural;

35.1.5.to submit relevant proposals to the competent bodies and officials to impose a liability on the persons for the actions or inaction with nature specified in Article 58 of this Law;

35.1.6.others specified by law.

Article 36.Organization of activities of the Temporary committee

36.1.The Temporary committee shall decide the organizational issues and matters specified in Paragraph 55.1 of this Law at its session, and analyze the evidence through hearings. The session of the Temporary committee shall be convened upon the initiative of the chairman of the Temporary committee or demand of at least one quarter of its total of members.

36.2.The session of the Temporary committee shall be considered valid upon the attendance of the majority of all members.

36.3.Unless otherwise specified in this Law, the issue shall be decided by the majority vote of the members present at the session of the Temporary committee.

36.4.The decision of the Temporary committee shall be in the form of a resolution. The Temporary committee shall adopt resolutions only on issue to the organization of its activities.

36.5.At least three days before convening the session of the Temporary committee, the members shall be notified in advance of its agenda and session date.

36.6.Unless otherwise specified by law, the session of the Temporary committee shall be conducted in open manner.

36.7.The chairman of the Temporary committee or at least a quarter of the members may submit the proposal specified in sub-paragraph 35.1.5 of this Law to the competent bodies and officials.

Sub-chapter Two

Evidence

Article 37.Decision to compile an evidence

37.1.At the session of the Temporary committee, the compilation of evidence required for the special inspection shall be discussed and resolved, and the Temporary committee shall issue a resolution on this issue.

37.2.If a member of the Temporary committee initiates a draft resolution on summoning witnesses, appointing an expert, or obtaining evidence, the given issue shall be resolved by a majority vote of the members participated at the Temporary committee session. A member who became the minority in a vote may explain his/her grounds in detail in regards with the respective issue and make a vote up to three times.

Article 38.Evidence

38.1."Evidence" shall mean any factual information obtained in accordance with the grounds and procedures specified in this Law, which is important for conducting the monitoring and inspection specified in the resolution of the State Great Khural.

38.2."Factual information" shall include the testimony of the witness, the opinion, explanation, and statement of the expert, the report, conclusion, explanation, and statement of the inspector, the facts, information, documents, and other documents in written form submitted by relevant organizations, officials, individuals, and legal entities, films and photographs, images, audio, video, audio-visual recordings which are strengthened in accordance with the law, the minutes of the investigation and court hearings within the framework permitted by the law if the case registration, investigation, and judicial proceedings were previously taken place on the respective issue, as well as other documents compiled in accordance with this Law.

Article 39.Summoning as a witness

39.1.A witness shall mean a natural person who is aware of the circumstances that is important for the detailed clarification of the issues and facts of the special inspection.

39.2.The Temporary committee shall summon witnesses and take testimony in personally participating at the hearing. If a witness is unable to attend the hearing in person for valid reasons, the Temporary committee may decide to take his/her testimony in writing.

39.3.The witness shall be obliged to appear when summoned by the Temporary committee and to give accurate testimony, and if there is an excusable reason, he/she shall inform the Temporary committee before the hearing is scheduled.

39.4.The Temporary committee shall be obliged to deliver the notice of summon to the witness at least three working days before the beginning of the hearing. The notice of summon shall reflect the subject of the special inspection, the issue of obtaining testimony, the date, time, minute, and place of the hearing to be hold, obtaining legal professional assistance, and other rights, obligations, and the consequences of not giving or avoiding to give a testimony.

39.5.The witness shall have a right to avoid to give a testimony in the following cases:

39.5.1.if there is a situation where answering the questions asked from the witness may accuse the witness, or his/her family members, parents, or children in committing crime;

39.5.2.unless otherwise provided by law, regarding the facts that lawyers, advocates, and other persons know and are obligated to keep confidential in the course of performing their professional duties.

39.6.The witness shall explain his/her reasons for refusing to testify in accordance with Paragraph 39.5 of this Law, and the Temporary committee shall decide whether to accept the refusal or not.

39.7.The witness shall have a right to be reimbursed from the state budget the expenses related to providing a testimony on the basis of proof of them.

39.8.The proceedings on protecting the life and health of witnesses, providing them with information, and providing support and assistance during the monitoring and inspection shall be conducted in accordance with the Law on Protection of the Witnesses and Victims.

Article 40.Appointing an experts

40.1.The Temporary committee shall appoint an expert to make an opinion on issues that require special knowledge during the special inspection, and the term for making an opinion shall be determined by agreement with the expert.

40.2.Within the specified time, the expert shall fully, objectively and independently analyze the issue from all sides and make an accurate conclusion in writing and if requested by the Temporary committee, he/she shall participate in the hearing personally and give an oral testimony.

40.3.The expert may refuse to make a conclusion based on the grounds specified in Paragraph 39.5 of this Law.

40.4.Unless otherwise specified in this article, the procedure specified in Article 39 of this Law shall be adhered to in summoning experts and other related relations.

Article 41.Written evidence

41.1.A written evidence shall mean the evidence material in written form which is important in conducting a special inspection by the Temporary committee. A written evidence may be in electronic form.

41.2.Written evidence shall be submitted to the Temporary committee in original form, or a notarized copy if the original is impossible to be presented. If deemed necessary, the Temporary committee shall have a right to demand the original document of the respective evidence.

41.3.The state body and legal entity shall certify the written evidence by putting a "true copy" stamp of its own organization's archive.

41.4.In the case of materials that complying with the evidential requirements collected previously in accordance with the law are copied, the written evidence shall be considered meeting the evidential requirements.

41.5.After the Temporary committee has issued a report, the original copies of written document may be returned to the person who submitted it if they requested. However, the notarized copy of the respective evidence shall be kept in the special inspection materials.

Article 42.Submission of evidence by state body and officials

42.1.The Government of Mongolia, ministries, agencies and its affiliated bodies, and state-owned enterprises shall be obliged to submit an evidence completely within the time limit set by the Temporary committee in accordance with the request issued by the Temporary committee within its competence.

42.2.If it is considered that the evidence submitted in accordance with Paragraph 42.1 of this Law failed to meet the requirements, the Temporary committee shall issue an obligation with a deadline for submission in accordance with the requirements, and the relevant organization and official shall be responsible for providing additional evidence within the period specified in the official letter.

Article 43.Submission of evidence by individuals and legal entities

43.1.Unless otherwise provided by law, the Temporary committee shall have a right to demand from an individual or a legal entity to submit evidence that is important for a special inspection, and the relevant party shall be obliged to comply with the demand within the time period set by the Temporary committee and within the scope specified in the law.

43.2.If the Temporary committee or its members get acquainted with the secrets of an organization or an individual during the exercising of their powers, they shall not disclose it without consent of the respective organization and the individual or in cases other than those prescribed by law.

Article 44.Inspector

44.1.If a member of the Temporary committee issues a proposal to appoint an inspector, the appointment shall be made by the vote of at least two-thirds of the members participated at the session of the Temporary committee, and the work assignment shall be approved.

44.2.The inspector shall be a citizen and a legal entity of Mongolia not holding a political position or a political party leadership position in the last five years, having no criminal records, is capable of making a professional opinion on the respective matter, and having at least three years of experience in the field of professional activity.

44.3.The inspector shall have a power to conduct the following activities independently within the scope of the assignment specified in Paragraph 44.1 of this Law:

44.3.1.to compile required evidence;

44.3.2.to demand to provide evidence;

44.3.3.to obtain an explanation from the person relevant to the respective issue;

44.3.4.to get acquainted with the situation on the field and take notes;

44.3.5.to analyze documents.

44.4.If the inspector considers it is necessary to be obtained the evidence during the monitoring and inspection procedure, the inspector shall submit his/her proposal to be issued a resolution in accordance with Paragraph 37.1 of this Law to the Temporary committee.

44.5.The inspector shall be responsible for his/her work before the Temporary committee and shall not make information dedicated to public.

44.6.The inspector shall prepare a written report based on the results of the special inspection, and present it orally at the hearing, and every member of the Temporary committee shall be given the opportunity to review the respective report. Recommendations on measures to be taken by the Temporary committee may be included in the report.

44.7.In case of the inspector seriously violates his/her duties under this Law, he/she shall be dismissed by a vote of at least two-thirds of all members of the Temporary committee.

Sub-chapter Three

Temporary committee hearing

Article 45.Hearing the evidence

45.1.The evidence shall be analyzed and examined by hearing as specified in this sub-chapter.

45.2.In the hearing of evidence, unless otherwise specified in this Law, the general procedure specified in the Law on Public Hearing shall be adhered to.

45.3.The hearings shall be conducted in open manner and broadcasted live through mass media and press except for the following cases:

 45.3.1.issues related to state, corporate, and personal secrets;

 45.3.2.facts related to the personal life of a witness or a third party and harm their               legitimate interests if they will be disclosed to the public;

 45.3.3.issues that would harm Mongolia's fundamental interests and national               security if they will be disclosed to the public.

45.4.If a member of the Temporary committee makes a procedural proposal to conduct the public hearing in whole or in part in closed manner based on the grounds specified in Paragraph 45.3 of this Law, it shall be decided by the majority vote of the members, and the grounds shall be informed to the public.

Article 46.Scheduling and announcing the hearing

46.1.At least seven days before holding the hearing to analyze the evidence /hereinafter referred to as "the hearing", it shall be announced to public in the press and media.

46.2.In the open hearing, the press and media shall participate in a balanced manner, and representatives of citizens, professional associations, and non-governmental organizations shall participate in accordance with the capacity of the hall.

46.3.It shall be prohibited to participants stated in paragraph 46.2 of this Law from making audio or video recordings or taking pictures during the hearing.

Article 47.Opening the hearing

47.1.The chairman of the Temporary committee or a member of the Temporary committee appointed by the chairman shall preside the hearing and shall open the hearing and introduce the subject, sequence and order of the agenda to be heard.

47.2.Attendance at the hearing shall be recorded by the Secretariat, and it shall present and inform the chairman of the hearing whether the date of the hearing was notified or not to the witness, expert, inspector, observer and other relevant entity who were absent, and the reason for their absence.

47.3.The chairman of the hearing shall introduce the composition of the Temporary committee, witnesses, experts, inspector, translators, interpreters, observers and other participants.

Article 48.Explaining the rights and obligations of the participants in the hearing and enforcing the order

48.1.The chairman of the hearing shall remind witnesses, experts, inspectors and other participants of the law and introduce their rights and obligations.

48.2.Anyone who enters the hearing hall shall have an obligation to respect the parliament, to comply with the order of the hearing and to fulfill the legitimate decision of the chairman of the hearing.

48.3.The chairman of the hearing shall enforce the order of the hearing, remind the order to the violators, and expel them from the hall.

Article 49.Sequence of analyzing evidence

49.1.In order to conduct the hearing effectively, to give an opportunity to express different positions fairly, and to exercise a right to ask questions by the representatives of parties and coalition groups in the composition of the Temporary Committee in balanced manner, the sequence to receive statements and explanations from witnesses, experts, and inspectors, to be heard the expert opinions and the inspector's report, to read, to be heard, and to be analyzed the written and other evidence, shall be determined. 

49.2.The sequence specified in Paragraph 49.1 of this Law shall be decided by the Temporary committee at the session.

49.3.The chairman of the hearing and members of the Temporary committee may ask questions from the witnesses, experts, inspectors and other participants for the purpose of analyzing the evidence.

Article 50.Hearing the testimony of witness

50.1.The chairman of the hearing shall allow the witness to enter the hall. If there are two or more witnesses on the subject of special inspection, the witnesses shall be questioned separately. The witness shall be temporarily removed from the hall until the testimony of the witness summoned to the hearing is heard. The chairman of the hearing shall obtain necessary measures to prevent witnesses by not communicating with each other.

50.2.Before taking testimony from the witness, the hearing chairman shall introduce the identity, rights, and duties of the witness, remind him/her in regards with obligation to truthfully report what he/she knows about the special inspection issue, warn him/her in advance of the liability to be imposed on him/her in case of avoiding to give testimony or intentional false testimony, and sign the minutes by them.

50.3.After hearing the testimony of the witness, the chairman of the session and members of the Temporary committee shall ask questions.

50.4.It shall be prohibited to ask questions unrelated to the subject of the special inspection, uncertain, with ambiguous meaning, leading, accusing into the crime, or insulting.

50.5.If the question asked to the witness has the content specified in Paragraph 50.4 of this Law, the chairman of the hearing shall skip the question and ask the next question without obtaining an answer. Witness may suggest to skip the question to the chairman of the session. If the members disagree on whether to skip the question, it shall be decided by at least two-thirds of the members participated at the hearing.

50.6.If there shall be serious discrepancy in the testimonies of witnesses, the testimony can be obtained by confronting each other during the hearing. The member of the Temporary committee shall have a right to draw the discrepancy in the testimony, ask additional questions in connection with it, or ask by repeating the question.

50.7.Unless otherwise specified in this Law, the procedure specified in the Law on Administrative Procedure shall be the standard for other relations in connection with obtaining testimony from witnesses.

Article 51.Hearing the expert conclusion

51.1.The expert's conclusion shall be read and heard at the hearing.

51.2.If the expert personally participates in the hearing, after explaining his/her conclusion, he/she shall answer the questions of the chairman of the hearing and members of the Temporary committee.

51.3.Unless otherwise specified in this Law, the procedures provided in Article 50 of this Law shall be adhered to in obtaining statements and asking questions from the expert.

51.4.If the Temporary committee considers that the expert's conclusion is doubtful, unclear and groundless, or the experts issued the conclusion in discrepancy, it may conduct additional or repeated analysis.

Article 52.Hearing the report of inspector

52.1.The report of inspector shall be read and heard at the hearing.

52.2.If the inspector personally participates in the hearing, after explaining his/her report, he/she shall answer the questions of the chairman of the hearing and members of the Temporary committee.

52.3.Unless otherwise specified in this Law, the procedure provided in Article 50 of this Law shall be adhered to in obtaining explanations and asking questions from the inspector.

52.4.If the Temporary committee considers that the report of inspector is doubtful, unclear and groundless, or the inspector issued the report in discrepancy, it may conduct additional or repeated monitoring and inspection.

Article 53.Reading and hearing the written evidence

53.1.Every member of the Temporary committee shall be given the opportunity to access with the written evidence, and if the Temporary committee considered it necessary, the written evidence shall be read and herd during the hearing.

53.2.During the open hearing, if the conditions specified in Paragraph 45.3 of this Law are revealed in the written evidence, the relevant part or the whole of the written evidence shall not be read and introduced. In order to protect secrets of the individual and organization, private letters and writings shall be read and heard in open hearings only if the respective person consents it. If the respective person does not consent to do it, the reading, hearing and analyzing proceedings of the private letters and writings shall be conducted in closed hearing.

53.3.A person who has known that a written evidence being under monitoring and inspection is counterfeit,  he/she shall submit a request to the Temporary committee to exclude the respective document from the list of the evidences. The person who informed that the evidence is counterfeit, he/she shall prove it. In order to examine the written evidence as the counterfeit or not, it can be analyzed or other evidences may be demanded and obtained.

53.4.If it is found that a written evidence was counterfeit, the Temporary committee shall exclude it from the evidence, if necessary, may file a complaint and information in regards with the counterfeit document to the competent authority.

Article 54.Closing the hearing

54.1.The chairman of the hearing shall close the hearing when he or she considers that the proceedings have been completed upon answering the necessary questions by obtaining statement and explanations from the witnesses, experts, and inspector, reading and hearing of the expert's opinion and the inspector's report, and reading and hearing the written and other evidence.

54.2.Minutes of hearings shall be recorded and documented in accordance with the Law on Public Hearings, and uploaded into the website of the State Great Khural within five working days after the minutes are ready.

Sub-chapter four  

Session, reports, opinions, conclusions, and expenses of the Temporary Committee

Article 55.Session of the Temporary committee

55.1.The Temporary committee shall issue a report, opinion, and conclusion by holding a session in a closed manner based on the evidence collected and analyzed through the hearing.

55.2.In the session of the Temporary committee, the general procedure specified in the Law on the Procedures of the Session of the State Great Khural of Mongolia shall be adhered to.

Article 56.Report of the Temporary committee

56.1.The report of the hearing issued based on the evidence collected and analyzed during the hearing shall be presented along with relevant opinions and conclusions to the State Great Khural by the Temporary committee.

56.2.The report shall include the content of the special inspection proceedings, collected evidence, established facts, investigation conclusions, and, if deemed as necessary, related proposals.

56.3.The report, opinions and conclusions of the Temporary committee shall not impose obligations to the court, and the court shall decide whether the evidence collected by the Temporary committee will be evaluated in terms of the evidence or not at the adjudicating proceedings.

56.4.When making a report of the Temporary Committee, the member who became the minority shall have a right to make a special proposal in writing and attach it to the report, and it shall be reflected in the proposal and conclusion of the Temporary Committee.

56.5.If the Temporary committee deems it is necessary, it shall present the progress of the special inspection at the plenary session.

56.6.If a situation arises where it is impossible to carry out the task of a special inspection before the end of the term of office of the State Great Khural, the Temporary committee shall present the progress report of the special inspection conducted at that time to the plenary session and create an archive unit to keep it.

56.7.Within 14 days after finalizing the report of the Temporary committee, it shall be uploaded on the website of the State Great Khural together with special proposals, witness statements, expert conclusion, explanations, and written evidence.

56.8.The Temporary committee shall be considered dissolved upon presentation of  its report, proposals, and conclusions to the plenary session.

Article 57.Expenses of the temporary committee

57.1.Any expenses incurred in connection with the special inspection activities of the temporary committee shall be financed from the state budget.

57.2.The amount of expenses and fees of witnesses and experts shall be determined in accordance with the law.

57.3.The temporary committee shall determine the amount of the wage of the special inspection official, and amount of the expenses, compensation and wage in connection with the special monitoring and inspection.

CHAPTER SEVEN

MISCELLANEOUS

Article 58.Liability to be imposed on the violators of the Law

58.1.If the failure to fulfill the duties assigned to officials under the relevant articles, paragraphs, and sub-paragraphs of this Law on time, or have not complied with them duly, and it interrupts the monitoring and inspection of the State Great Khural, it shall be considered to be an act of disrespect the State Great Khural stated in paragraph 37.9 of the Law on the State Great Khural of Mongolia and he/she shall be held liable as provided in the Law on Civil Service or the Law on Violations.

58.2.If the failure to submit and issue the evidence specified in this Law by the relevant official to the temporary committee without excusable reasons and it does not constitute a criminal nature, he or she shall be held liable as provided in the Law on Civil Service, the Law on Violations, or other Laws.

58.3.If a witness intentionally avoids from appearing when summoned by the temporary committee, or avoids testifying, or refuses without any excusable reasons, he/she shall be held liable as provided by the Law on Violations.

58.4.If the witness provides intentional false testimony, he/she shall be held liable as provided by the Criminal Code.

58.5.If the expert appointed by the temporary committee fails to provide a conclusion within the specified period, or intentionally avoids from appearing when summoned or refuses to testify, he/she shall be held liable as provided by the Law on Violations.

58.6.If the expert drawn a false conclusion on purpose, he/she shall be held liable as provided by the Criminal Code.

58.7.If a witness, expert, hearing participant, observer, and other individual violates the procedure of the hearing, he/she shall be held liable as provided by the Law on Violations.

58.8.If the evidence required by the temporary committee was not submitted or issued without excusable reason, he/she shall be held liable as provided by the Law on Violations.

58.9.If the relevant official has not attend the hearing provided for in this Law without excusable reason, or refuses to provide relevant explanations and information without excusable reason, he/she shall be held liable as provided by the Law on Civil Service.

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