Judicial Power: Judicial Power Execution Organizations

The Constitution of Mongolia legalized an independent judiciary. Article 49 of the Constitution provides that "Neither a private person nor any civil officer be it the President, members of the SGH or the Government, officials of political parties or other voluntary organizations shall interfere with the exercise by the judges of their duties." This became the legal guarantee for the independent court system. In February 4, 1993 the State Great Hural adopted the Law on Court which has 6 Charters and 63 Articles. Thereafter, it was amended in the years 1994 and 1996. The Law on Court deals with such issues of an independent judiciary as the exercise by courts of judicial power, the judicial system, establishment of courts, appointment of judges, powers of courts, composition of courts, the judge’s oath and judicial symbol, decisions of courts and implementation of court decisions. Nowadays, the Mongolian judicial system consists of the Supreme Court, Aimag and Capital, Somons and inter-somons courts. The law allows the establishment of specialized courts such as criminal, civil and administrative courts.

There are three instances of court:

b) court of first instance,

court of appeal,
court of cessation.
The right to establish courts vests only in the State Great Hural. A Mongolian national of thirty five years of age with higher education in law and a professional career of not less than 10 years may be appointed a judge of the Supreme Court by the President of Mongolia for a term of 6 years. The President appoints the judges of the Supreme Court and judges of other courts upon their presentation to the State Great Hural by the General Council of Courts. The General Council of Courts, without interfering in the activities of courts and judges, deals exclusively with the selection of judges from among lawyers, protection of their rights and other matters pertaining to the insurance of conditions guaranteeing the independence of the judiciary. Nowadays there are 22 courts of appeal, 26 somons and intersomon courts in 21 aimags and the Capital city and 8 district courts in Ulaanbaatar and in total there are 57 courts in Mongolia .

The Prosecution
The Prosecution exercises supervision over the inquiries into and investigation of cases and the execution of punishment, and participates in the court proceedings on behalf of the State under Article 56 of the Constitution.

In 1993 the Prosecution Law which has 6 Charters and 43 Articles was enacted by the State Great Hural. This Law deals with the fundamental principles of organization and activities of the office of the Prosecutor, centralized administration, impartiality, supervision over inquiry, supervision over criminal investigation, supervision over execution of punishment, participation in court proceedings, basic powers of prosecutors, legal means of prosecutor supervision and prosecutor’s activities. The Prosecution consists of the offices of the General Prosecutor, aimag and capital city offices of the Prosecutor and somons, intersomons and district offices of the Prosecutor.

The State Great Hural establishes the offices of the Prosecutor taking into consideration the work needs, population and territory.

A Mongolian national with higher education in law, who satisfies the professional requirements, may be appointed as a prosecutor. The President appoints the Prosecutor General and his deputies with in consultation with the SGH for a term of 6 years.