(2022.7.7-ны өдрийн орчуулга)                                                       Unofficial Translation

THE LAW OF MONGOLIA

May 8, 1992                             Ulaanbaatar city

ON THE CONSTITUTIONAL COURT (TSETS) OF MONGOLIA

CHAPTER ONE

Organizational basis of the Constitutional Court (Tsets) of Mongolia

Article 1.The Constitutional Court (Tsets) of Mongolia

1.The Constitutional Court (Tsets) of Mongolia /hereinafter referred to as the "Tsets"/ shall be the body which has full powers to exercise supreme supervision over the enforcement of the Constitution, to render decisions on the breaches of its provisions, to settle constitutional disputes, and shall be the guarantor for the Constitution to be strictly observed.

2.The principles, methods, forms, organizational structure, and the powers of the Tsets shall be determined by the Constitution and by this law.

3.Disputes in regards with breaching the Constitution shall be settled under the law on Constitutional Procedure

/This paragraph was added by the law as of May 1, 1997/

Article 2.Basic principles for the activity of the Tsets

1.The basic principles to be governed by the Tsets shall be the adherence to the Constitution of Mongolia, respect of laws in conformity with the Constitution of Mongolia, based on the research, neutrality, independence/impartiality, and transparency.

This paragraph was modified by the law as of January 19, 2016/

2.Any interference or influence in the activities of the Tsets and its members by any organization, public official or citizen shall be prohibited.

Article 3.Procedure for the establishment of the Tsets

1.The State Great Khural shall appoint nine members of the Tsets for a six years of term upon the nomination of three candidates by the State Great Khural, three candidates by the President, and remaining three candidates by the Supreme Court, and a member of the Tsets may be re-appointed once.

/This paragraph was added by the law as of December 24, 2021/

/This paragraph was modified by the law as of January 19, 2016/

/The part which provides that "A member of the Tsets may be re-appointed once" of this paragraph was repealed by the Resolution No. 04 as of June 17, 2016 of the Constitutional Court/

2.In nominating a person for appointment to the Tsets, the Speaker of the State Great Khural shall issue an order based on the opinions of the respective standing committees, the President shall issue an order, and the Supreme Court shall make a decision based upon a proposal agreed to by a majority of its judges.

3.If the State Great Khural has declined the appointment of the proposed candidate to the Tsets, the body or the official, which has nominated this candidate shall nominate another person according to the procedure provided in paragraph 2 of this Article.

4.In the event of accelerated withdrawal of a member of the Tsets, the body or the official, which had before nominated this member, shall nominate another person to the vacant position within 14 days. The State Great Khural shall accept or decline the nominee within 30 days.

5.A member of the Tsets shall not be the President, a member of the State Great Khural, the Prime Minister, a member of the Government, and a judge of the Supreme Court. A member of the Tsets shall not carry out any administrative, party-political, and trade activities, as well as be a part of the leadership of trade unions.

6.Where a member of the Tsets accepts a nomination for the positions of the President of Mongolia or for the position of a member of the State Great Khural, the powers of the member of the Tsets shall be suspended until the results of the election are announced.

/This paragraph was added by the law as of May 1, 1997/

7.It shall be prohibited to a member of the Tsets to express in advance his or her personal opinions or conclusions to the media and public in any way on questions that could become a subject of consideration at the Tsets, or which is under consideration by the Tsets, until the adoption of a decision of the Tsets on that question.

/This paragraph was added by law as of May 1, 1997/

/This paragraph was modified by the law as of January 19, 2016/

Article 4.A member of the Tsets

1.A citizen of Mongolia who has recognized high qualifications in the sphere of the law and politics, without a criminal record, and has reached forty years of age, shall be a member of the Tsets, and members of the Tsets shall be equal.

2.The powers of a member of the Tsets who appointed newly or appointed as a replacement shall commence on the day of appointment and shall continue until the expiration of their term of office.

3.The powers/terms of office of a member of the Tsets shall terminate upon the appointment of the next member by the State Great Khural.

4.A member of the Tsets may retire or be dismissed from the position of a member of the Tsets if he / she reaches the maximum civil service age specified in the Civil Service Law.

/This paragraph was added by the law as of May 26, 2005/

/This paragraph was modified by the law as of January 19, 2016/

Article 5.Guarantees of the powers of a member of the Tsets

1.Without a permission by the Tsets, a member of the Tsets shall not be arrested, detained or incarcerated, to be imposed criminal responsibilities, except the cases where he/she is captured in locus criminis with the evidence of a crime, or according to the judicial procedure to be imposed liabilities stated in the Law on Infringement, to be examined and searched in house, office, or him/ her in person, and to be confiscated of the documents and properties.

/This paragraph was amended by the law as of December 4, 2015/

2.In the event of involvement of a Member of the Tsets in a crime, the Tsets shall decide within 14 days whether his/her powers will be suspended after proposal on this respect were made by the competent bodies.

/This paragraph was modified by the law as of May 1, 1997/

3.If a court determined that a member of the Tsets had committed a crime or a competent body determined that a member of Tsets had breached a law, the State Great Khural may withdraw the mandate of the member on the basis of a proposal of the nominating body and the decision of the Tsets on removal of his membership.

/This paragraph was modified by the law as of May 1, 1997/

/This paragraph was modified by the law as of January 19, 2016/

/The part which provides that "a competent body determined that a member of Tsets had breached a law" of this paragraph was repealed by the Resolution No. 04 as of June 17, 2016 of the Constitutional Court/

4.A member of the Tsets shall not be dismissed or transferred to other post, or recalled before the term of his/her office expires unless granting the application for resignation by a member, recognition of a member as incapable due to poor health, he / she reaches the maximum civil service age specified in the Civil Service Law or on the grounds other than those specified in the third Paragraph of this Article.

/This paragraph was modified by the law as of January 19, 2016/

5.The same position prior to working as the member of Tsets or other position with equal  salary shall be offered to the member of the Tsets whose term of office has expired or terminated before the schedule on the grounds other than those specified in the third paragraph of this Article and/or he / she reaches the maximum civil service age specified in the Civil Service Law. If there is no such possibility, reimbursement of not less than the amount of salary earned as a member of the Tsets, shall be granted for the period of 6 month until the member is employed, and a reimbursement that equals the amount of salary difference shall be awarded over the same period from the state budget if the member lost in salary.

/This paragraph was added by the law as of May 1, 1997/

/This paragraph was modified by the law as of January 19, 2016/

6.A member the Tsets who has been relieved from office upon reaching a retirement age shall be paid a pension in the amount of sixty percent of the monetary remuneration of a working member of the Tsets. The pension shall be paid from the social security fund.

/This paragraph was added by the law as of May 1,1997/

/This paragraph was amended by the law as of January 22, 1999/

/This paragraph was modified by the law as of January 19, 2016/

Article 6.Chairman of the Tsets and his/her competence

1.Members of the Tsets shall nominate from its composition a person (persons) for the post of a chairman, discuss candidates at a plenary session, and shall by secret vote elect a Chairman with a majority of the total number of votes.

2.If three or more candidates for the Chairmanship of the Tsets are introduced and after the first vote, none of the candidates has received a majority of votes, the second ballot will be conducted on two candidates who received the majority of votes during the first round, and the person who then receives a majority of the total number of votes shall be considered elected as a Chairman.

3.The term of office of the Chairman of the Tsets shall be three years and he/she may be re-elected once.

4.The Chairman of the Tsets shall ensure conditions for the activities of the Tsets, ensure equal representation for each member of the Tsets, when determining the composition of the proceeding, allocate the functions of the members of Tsets, supervise their implementation, represent the Tsets in relations with other organizations and officials.

/This paragraph was amended by the law as of January 2, 2003/

5.The Chairman of the Tsets issues resolutions and orders on matters within his/her competence.

6.In the temporary absence of the Chairman of the Tsets, the member with the greatest work experience, and if several members meet this requirement simultaneously, the eldest member of the Tsets shall temporarily act as the Chairman of the Tsets.

/This paragraph was modified by the law as of May 26, 2005/

/This paragraph was modified by the law as of January 19, 2016/

Article 7.Conditions for the activities of the Tsets

1.The Tsets shall have its office/secretariat. The Chairman of the Tsets's office/secretariat shall determine staff limit of the office/secretariat within the budget adopted by the State Great Khural.

/This paragraph was amended by the law as of January 2, 2003/

2.The Tsets shall have a seal, stamp, and letterhead which were made in accordance with specifically determined procedure. The Chairman of the Tsets shall hold the seal of the Tsets.

3.The State Great Khural shall determine and adopt the budget of the Tsets, the salary fund, and the amount of salaries of members of the Tsets upon submission by the Chairman of the Tsets.

4.A member of the Tsets shall wear a gown (special robe). The State Great Khural shall approve the description and the sample of the gown as well as the rules of use thereof.

/This paragraph was added by the law as of May 1, 1997/

CHAPTER TWO

FUNCTIONS AND THE COMPETENCE OF THE TSETS

Article 8.The Supreme supervision over the implementation of the Constitution

1.The Tsets as for the guarantor for strict observance of the Constitution, it shall exercise its supreme supervision over the enforcement of the Constitution, make conclusions in regards with breach of sub-paragraphs of the Constitution, as well as it shall exercise its power on dispute resolution through rendering conclusions on the disputes specified in this Article and through re-settling disputes specified in the second paragraph of this Article.

2.The Tests shall consider the following disputes concerning the breach of the Constitution, render conclusions thereon and submit them to the State Great Khural; if the conclusion is rejected by the State Great Khural, the Tsets shall reconsider the grounds for the rejection, and shall make a final decision in accordance with the sub-paragraphs of the third paragraph of the Article 66 of the Constitution:

1/the conformity to the Constitution of laws and other decision of the State Great Khural except the Constitution of Mongolia and its amendments;

/This sub-paragraph was amended by the law as of August 24, 2022/

2/the conformity to the Constitution of decrees and other decisions of the President;

3/the conformity to the Constitution of resolutions and other decisions of the Government;

4/the conformity to the Constitution of international treaties to which Mongolia is a party;

5/the conformity to the Constitution of decisions of the central electoral body concerning referendum;

6/the conformity to the Constitution of decisions of the central electoral body on elections of the State Great Khural, its members, and the President.

3.The Tsets shall consider the following disputes concerning the breach of the Constitution, make conclusions and submit them to the State Great Khural:

1/whether the President has committed breach of the Constitution;

2/whether the Speaker and members of the State Great Khural have committed a breach of the Constitution;

3/whether the Prime Minister and members of the Government have committed a breach of the Constitution;

4/whether the Chief justice of the Supreme Court and the Prosecutor General have committed a breach of the Constitution;

5/whether the legal grounds exist for the impeachment of the President, of the Speaker of the State Great Khural, of the Prime Minister, and for recalling members of the State Great Khural.

6/whether Member of the State Great Khural has committed a breach of the oath and has committed a breach of the Constitution when he/she exercises his/her powers.

/This sub-paragraph was added by the law as of May 7, 2020/

4.When submitting the conclusion specified in paragraphs 2 and 3 of this Article to the State Great Khural, the Tsets shall explain the grounds and consequences of the conclusion and answer questions related to the grounds.

/This paragraph was amended by the law as of  November 11, 2005/

/This paragraph was repealed by Resolution No. 03 of the Constitutional court (Tsets) as of March 23, 2016/

5.A conclusion of the Tsets stating unconstitutionality of laws, and other decisions of the State Great Khural, decrees and other decisions of the President, decisions of the Government, international treaties to which Mongolia is a party, and decisions of the Central Electoral Body is accepted by the Great State Khural, or the  Tsets made a final decision stating that unconstitutionality of the above by re-examining the disputed matter, the relevant laws, decrees, approvals, and decisions shall be invalid in their entirety or their contradictory articles, paragraphs and sub-paragraphs.

6.The decision of the Tsets shall become effective upon adoption.

/This Article was modified by the law as of January 19, 2016/

Article 9.Review of petitions or information from citizens

1.A citizen shall submit petitions or information with the Tsets on matters concerning the breach of the Constitution.

/The part stating that "… competent official stated in the paragraph 3 of the Article 8 of this Law" of this paragraph was repealed by Resolution No. of the Constitutional court (Tsets) as of 1995/

/This paragraph was modified by the law as of May 1, 1997/

2.A citizen shall submit petition or information in writing which must indicate their names and addresses and a statement clearly describing what provision of the Constitution have been breached, by whom and in which way. The Tsets shall not accept any petition or information which does not indicate a name and an address of a petitioner.

3.A member of the Tsets shall study a petition or information within 14 days, and if the matter in question is not a constitutional dispute or does not fall within the jurisdiction the Tsets, then a notification stating the grounds for refusal to accept said petition or information shall be given to the petitioner.

4.A member of the Tsets, if consider appropriate, shall transfer a petition or information to the respective organizations for consideration and shall notify the petitioner about it.

Article 10.Submission of a request to the Tsets

1.The State Great Khural, the President, the Prime Minister, the Supreme Court, and the Prosecutor General shall make request to the Tsets to consider disputes concerning breach of the Constitution in writing indicating the following therein:

1/the requester's address and official position;

2/the address and official position of the person who allegedly has committed a breach of the Constitution or made a decision which is inconsistent with the Constitution;

3/a statement describing which provision of the Constitution was allegedly breached by the activities, legal action, or decision of the respective bodies and officials;

4/evidences and other circumstances which are significant in resolving content of the request and the dispute.

2.The Supreme Court shall make its request based upon the opinion of the majority of the justices present at the session.

/This paragraph was repealed by the law as of October 3, 1997/

3.The Supreme Court shall make its request based upon the opinion of the majority of the justices/judges present at the session.

/This paragraph was amended by the law as of May 1, 1997/

CHAPTER THREE

MISCELLANEOUS

/The name of this chapter was amended by the law as of May 1, 1997/

Article 11./This article was repealed by the law as of May 1, 1997/

Article 12.The principles for resolving disputes

1.In considering and deciding a dispute, the Tsets shall adhere to the following principles: openness of the proceedings, directness and continuity of court sessions, except for in cases specially provided for by law, adversarial nature and equality of parties, joint discussion of the matter, upon the majority of votes, objectivity of decisions, and to settle the dispute strictly in conformity with this law and Law on Constitutional Court Proceedings.

/This paragraph was amended by the law as of January 19, 2016/

Article 13-21./Articles 13 through 21 of this law were repealed by the law as of May 1, 1997/

Article 22.Consequences of rendering a decision on the inconsistency with the Constitution

1.The laws and other decisions of the State Great Khural  decrees and other decisions of the President, decisions of the Government, international treaties to which Mongolia is a party, decisions of the central electoral bodies, as well as revocation by the Tsets of its previous decisions shall not be considered as a sufficient ground for deciding the matters concerning the damage and other negative consequences caused by these laws, decrees, decisions, and treaties. If the grounds for leniency of criminal or administrative offence have been established, the matter may be reconsidered in adherence to the decision of the Tsets and in accordance with the relevant law.

/This paragraph was amended by the law as of December 4, 2015/

2.The compensation for the damage and other negative consequences caused to the state, citizens, and organizations by the unconstitutional laws and decisions of the State Great Khural, decrees and other decisions of the President, decisions of the Government, international treaties to which Mongolia is a party, decisions of the central electoral bodies shall be considered and decided by the authority or the official who adopted those laws, decrees, decisions, or signed or ratified the treaty, or by a court in accordance with the relevant law at the given time.

Article 23.The liability for the obstruction of the activities of the Tsets

1.A person who disrupts order at the proceeding of the Tsets may be removed from the court session hall by the decision of the presiding member after a warning.

2.A person who intentionally gives false statement, submits a wrong conclusion, opinion or document during the examination and consideration a dispute, if not subject to criminal responsibility, shall be fined; the citizen: from 1000 to 25000 tg, the official: from 3000 to 30000 tg, the economic entity or organization: from 50000 to 75000 tg by the court.

/This paragraph was amended by the law as of April 17, 1995/

3.A person who offends or slanders with the purpose of obstructing or influencing the lawful activities of the Tsets, if not subject to criminal responsibility, shall be fined from 5000 to 50000 tg by the court.

/This paragraph was amended by the law as of April 17, 1995/

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

THE CHAIRMAN OF THE STATE BAGA KHURAL R.GONCHIGDORJ

THE SECRETARY OF THE STATE BAGA KHURAL B.CHIMID