Motives for writing constitution, Source of constitutional authority, Preamble
We, the people of Mongolia:
- consolidating and strengthening the independence and sovereignty of our state,
respecting and upholding the human rights and freedom, justice, and unity of our nation,
inheriting and cherishing the traditions of our statehood, history and culture,
considering and respecting the accomplishments of human civilization,
shall aspire to the supreme goal of building and developing a humane, civic and democratic society in our motherland.
Thus, do hereby proclaim and declare this Constitution of Mongolia to the entire populace.
CHAPTER ONE. Sovereignty of Mongolia
Type of government envisioned
Mongolia is an independent and sovereign Republic.
- Securing democracy, justice, freedom, equality, national unity and respecting the rule of law are the fundamental principles of the State activities.
- The state structure of Mongolia shall be unitary.
- The territory of Mongolia shall only be divided into administrative units.
- All governance power in Mongolia shall be vested upon its people. The people of Mongolia shall directly participate in State affairs and shall exercise such right through the representative organ of the State power established by their election.
- Illegitimate seizure of State power or any attempts to do so shall be prohibited.
- The territorial integrity of Mongolia and the State borders shall be inviolable.
- The State borders of Mongolia shall be ensured by law.
- Stationing foreign military forces in the territory of Mongolia or admitting over the state border to traverse shall be prohibited without enactment of a law.
- Mongolia shall have a multi form proprietor economy complying with the common trends of world economic development and its internal distinctiveness.
- The State shall recognize any forms of public and private properties and shall protect the owner's rights by law.
- The rights of owners may only be restricted on grounds prescribed by the law.
- The State shall regulate the economy in order to ensure national economic security, development of all economics sectors and social development of the population.
- All livestock is a national asset and shall be under the protection of the State.
Ownership of natural resources
Protection of environment
The land, its subsoil, forests, water, fauna, flora, and other natural assets in Mongolia shall be subject to the people's authority and under the protection of the State.
- The land, except that in private ownership of the citizens of Mongolia, as well as the land subsoil, forests, water resources, and fauna shall be the property of the State.
- The state may give for private ownership land, other than pastures and areas under public use or reserved for the State's special needs, only to the citizens of Mongolia. This provision shall not be applicable to ownership of the land subsoil. Citizens shall be prohibited to transfer the land in their possession to foreign nationals and stateless persons by way of sale, barter, donation or pledge as well as from transferring to others for their use without the permission from the competent authorities of the State.
Protection from expropriation, Protection of environment
The State shall have the right to hold liable and responsible landowners in connection with their land, to exchange or reclaim it, providing compensation on the grounds of the State's special needs, or to confiscate such land if it is used in a manner adverse to the population's health, the interests of environmental protection and national security.
- The State may allow foreign nationals, legal persons or stateless persons to use the land for a fee during a specific period of time, and under conditions and procedures as prescribed by law.
Reference to science
The historical and cultural objects, scientific and intellectual heritage of the Mongolian people shall be under the protection of the State.
Provisions for intellectual property
The intellectual wealth produced by citizens shall be the property of its authors and national asset of Mongolia.
Official or national languages
The Mongolian language shall be the official language of the State.
Reference to science, Right to culture, Protection of language use, Reference to art
Section 1 of this Article shall not affect the right of national minorities of population to use their native languages in learning and communication, and in their pursuit of cultural, artistic and scientific activities.
- The State shall respect the religion, whereas the religion shall honor the State in Mongolia.
Separation of church and state
The organs of State shall not engage in religious activities, and the religious organizations or monasteries shall not conduct political activities.
- The relationship between the State and religious organizations or monasteries shall be regulated by law.
Customary international law
Mongolia shall adhere to the universally recognized norms and principles of international law, and shall pursue a peaceful foreign policy.
Mongolia shall enforce and fulfil in good faith its obligations under the international treaties to which it is a Party.
International law, Legal status of treaties
The international treaties to which Mongolia is a Party, shall become effective as domestic legislation, upon the entry into force of the laws on their ratification or accession.
Legal status of treaties, International law
Mongolia shall not comply with or abide by any international treaty or other such instruments that are incompatible with this Constitution.
- It shall be a duty of the State to safeguarding the motherland’s independence, and ensuring national security and public order.
- Mongolia shall keep the Armed Forces for its self-defense. The structure and organization of Armed Forces, and the regulations of its military service discharge shall be prescribed by law.
National flag, National anthem
The symbols of the independence and sovereignty of Mongolia shall be the State Coat of Arms, the Banner, the Flag, the Seal and the Anthem.
- The State Coat of Arms, the Banner, the Flag, and the Anthem shall express the historical traditions, the vision and aspiration, the unity, the justice, and the spirit of Mongolian people.
- The State Coat of Arms shall be of a circular form with the sacred white lotus flower serving as its base, and the never-ending and ever-flowering Tumen nasan (Thousands of Ages) ornamental pattern forming its main background with a blue color, signifying the eternal sky. At the center of the Coat of Arms, there shall be a depiction of the Precious Hulug (Flying Steed) combined with the golden Soyombo symbol, signifying the independence, sovereignty and spirit of Mongolia. At the top part of the State Coat of Arms, there shall be Chandmani (Wish granting Jewel) signifying the past, the present and the future, whereas at its lower part the Hourd (Wheel of Law or Dharma Chakra) as the happiness with progress and prosperity, with a green color mountain pattern, that represents the Mother – Earth, shall be depicted respectively. The Hourd shall be entwined with Hadag (silk scarf) for reverence and respect.
- The traditional Great White Banner of the unified Mongol Empire shall be the State ceremonial symbol of Mongolia.
The State Flag shall be a combination of red, blue and red colors. The blue color at the middle part of the Flag, in proportion of its one-third size, shall symbolize the eternal blue sky, and with the red color on its two sides as symbol of the progress and prosperity. The golden Soyombo symbol shall be depicted on the red stripe next to the Flag post. The width and length of the Flag shall be 1:2 in its ratio.
- The State Seal shall be of a square form with the State Coat of Arms in its middle, and the inscription “Mongol Ulus” (The State of Mongolia) on both its sides, and shall have a lion-shaped handle. The President of Mongolia shall be a holder of the State Seal.
The procedure for the revered use of the State symbols as well as the text and melody of the State Anthem shall be prescribed by law.
A capital of the State shall be the city in which the supreme organs of State permanently exist. The capital of Mongolia is the City of Ulaanbaatar.
- A legal basis for the capital of Mongolia shall be determined by law.
CHAPTER TWO. Human Rights and Freedoms
General guarantee of equality
- All persons lawfully residing within Mongolia shall be equal before the law and the courts.
Equality regardless of age, Equality regardless of race, Equality regardless of financial status, Equality regardless of religion, Equality regardless of language, Equality regardless of social status, Equality regardless of creed or belief, Equality regardless of gender
No person shall be discriminated against on the basis of ethnic origin, language, race, age, sex [gender], social origin and status, property and assets, employment occupation and official position, religion and conscience, conviction and opinion, and education. Every human being shall be a legal person.
Requirements for naturalization, Requirements for birthright citizenship
The grounds and procedure for citizenship of Mongolia, and the acquisition or loss of citizenship shall be exclusively determined by law.
Conditions for revoking citizenship, Extradition procedure
The deprivation of the citizens of Mongolia from their citizenship, the exile from its motherland, and the extradition to other countries shall be prohibited.
The citizens of Mongolia shall be guaranteed to exercise the following rights and freedoms:
Right to life
The right to life. Deprivation of human life shall be strictly prohibited unless otherwise highest measure of punishment, as prescribed by the Criminal Code of Mongolia for the commission of most serious crimes, is sentenced by a final judgment of the court.
Protection of environment
The right to a healthy and safe environment, and to be protected against environmental pollution and ecological imbalance.
Right to own property, Protection from expropriation, Right to transfer property
The right to fair acquisition, possession and inheritance of movable and immovable property. Illegal confiscation and requisitioning of the private property of citizens shall be prohibited. If the State and its organs appropriate a private property on the basis of exclusive public need, then there shall be [fair] payment of compensation and cost.
Right to establish a business, Right to safe work environment, Prohibition of slavery, Right to rest and leisure, Right to choose occupation
The right to free choice of employment, to be provided with the enabling conditions for labor, to receive salary and remuneration, to rest and leisure, and to engage in private enterprise. No one shall be illegally forced to work.
State support for the elderly, State support for the disabled, State support for children
The right to material and financial assistance in old age, disability, childbirth and childcare, and for other cases as prescribed by law.
Right to health care
The right to health protection and to obtain medical care. The procedure and conditions for free medical aid shall be determined by law.
The right to learn and education. The State shall provide universal general education free of charge. Citizens may establish and operate private schools, which meet the requirements of the State.
Reference to science, Right to culture, Reference to art, Provisions for intellectual property, Right to enjoy the benefits of science
The right to conduct cultural, artistic and scientific activities, and to produce creative works and to benefits thereof. The right to author’s copyrights, new works and innovation patents shall be protected by law.
Claim of universal suffrage, Restrictions on voting
The right to participate in State management [public administration] affairs directly or through the organs of representation. Have the right to elect and to be elected to the State organs. The right to elect shall be exercised from the age of eighteen years, and the age qualification for being elected shall be determined by law, taking into consideration the requirements for the relevant State organs and official positions concerned.
Restrictions on political parties, Freedom of association, Right to form political parties
The right to freedom of association in political parties or other public organizations on the basis of social and personal interests and conviction. The political parties and other mass organizations shall uphold the public order and State security, and respect and enforce the law. Discrimination and persecution of a person for joining a political party or other associations or for being their member shall be prohibited. Party membership of some categories of state employees may be suspended.
Provision for matrimonial equality, Right to found a family, Regulation of marriage, Rights of children
Men and women shall enjoy equal rights in political, economic, social, cultural fields and in marriage. The marriage shall be based on the equality and consensual relationship of the spouses who have attained the age determined by law. The State shall protect the interests of a family, motherhood and the child.
Right of petition
The right to submit petitions or complaints to the State organs and public officials, and get it resolved by those State organs. The State organs and public officials shall have an obligation to decide and resolve the petitions or complaints by citizens in accordance with law.
Regulation of evidence collection, Prohibition of torture, Right to privacy, Prohibition of cruel treatment, Protection from unjustified restraint
The right to personal liberty and safety. No one shall be searched, arrested, detained, persecuted or restricted of liberty, except on grounds and procedures prescribed by law. No one shall be subjected to torture, inhuman, cruel or degrading treatment. Whenever the person is arrested, his/her family and advocate (legal counsel) shall be notified within a period of time prescribed by law of the reasons for and grounds of such arrest. The privacy of citizens, their families, confidentiality of correspondence and communication, and the inviolability of home residence shall be protected by law.
Protection from self-incrimination, Regulation of evidence collection, Guarantee of due process, Right to appeal judicial decisions, Right to counsel, Right to examine evidence/witnesses, Presumption of innocence in trials, Right to fair trial
The right to appeal to the court to protect such rights if he/she considers that the rights or freedoms as prescribed by the laws of Mongolia or by international treaties have been violated; and shall have the right to be compensated for damage illegally caused by others; right not to testify against oneself, his/her family, or parents and children; right to defense; right to receive legal aid; to have the documents of evidence examined; right to a fair trial; right to be tried in his/her own presence; right to appeal against court decisions, and right to request a pardon. It shall be prohibited to demand, compel or use the force to testify against himself/herself. Every person shall be presumed innocent until proved guilty by the court through the due process of law. The punishment and penalties imposed on the convicted shall not be applicable to his/her family members or relatives.
Freedom of religion
Freedom of conscience and religion.
Freedom of expression, Freedom of press, Freedom of assembly, Freedom of opinion/thought/conscience
Freedom of thought, opinion and expression, speech, press, and peaceful assembly. The rules of procedures for conduct of demonstrations and public meetings shall be determined by law.
Right to information, Human dignity
The right to seek and receive information on any issues, except which the State and its organs are legitimately bound to specifically protect as relevant secret. In order to protect the human rights, dignity and reputation of persons, and to ensure national defense, security and the public order, the confidential state, corporate and individual information, that are not subject to disclosure, shall be classified and protected by law.
Freedom of movement, Restrictions on entry or exit
The right to freedom of movement and residence within the country, to travel and reside abroad and to return to their motherland. The right to travel and reside abroad may be limited exclusively by law for the purpose of ensuring the national and population security, and for protecting the public order.
- The citizens of Mongolia shall uphold justice and humanity, and shall discharge in good faith the following basic duties:
Duty to obey the constitution
Respect and abide by the Constitution and other laws;
Respect the dignity, reputation, rights and legitimate interests of human beings;
Duty to pay taxes
Pay official taxation levied by law;
Duty to serve in the military
Defend his/her motherland and discharge military service according to law.
Protection of environment, Duty to work
It is a sacred duty for every citizen to work, protect his/her health, raise and educate his/her children, as well as to protect the nature and environment.
- The rights and duties of foreign citizens, who are residing in Mongolia, shall be determined by the laws of Mongolia and by the agreements concluded with a country of whose nationality is such person concerned.
- Mongolia shall adhere to the principle of reciprocity in determining the rights and duties of foreign nationals in the international agreements that are concluded with a country of concerned nationals.
Protection of stateless persons
The rights and duties of stateless persons, who are residing within the territory of Mongolia, shall be determined by law.
Protection of stateless persons
Foreign citizens or stateless persons persecuted for their conviction, political or other activities in pursuit of justice may be granted asylum in Mongolia on the basis of their well-grounded requests.
Mongolia may establish necessary restrictions upon the rights other than the inalienable rights defined in international instruments to which Mongolia is a Party, out of the consideration of ensuring the security and population, and the public order, in allowing the foreign nationals and stateless persons under the jurisdiction of Mongolia to exercise the fundamental rights and freedoms as prescribed in Article Sixteen of the Constitution.
- The State shall be accountable to the citizens for the creation of economic, social, legal and other guarantees for ensuring human rights and freedoms, and shall fight against the violations of human rights and freedoms, and shall restore such infringed rights.
Emergency provisions, Prohibition of cruel treatment, Prohibition of torture, Inalienable rights
In case of a state of emergency or war, the human rights and freedoms as prescribed in the Constitution and by other laws may be subject to limitation exclusively by law. Such law shall not affect the right to life, the freedom of thought, conscience and religion, as well as the legal provisions concerning the right to not to be subjected to torture, inhuman, degrading or cruel treatment.
Binding effect of const rights
In exercising his/her rights and freedoms, a person shall not breach national security, the rights and freedoms of others, or violate public order.
CHAPTER FOUR. Administrative and Territorial Units of Mongolia, Their Governance
Subsidiary unit government
The territory of Mongolia shall be divided administratively into aymag (province) and a capital city, the aymag shall be subdivided into soum (county), the soum into bagh (sub-county), the capital city shall be divided into districts, and districts into horoo (sub-district or committee).
- The legal status of towns and villages, located in the administrative and territorial units, shall be determined by law.
- The issue for revision of administrative and territorial units shall be decided by the State Great Hural (Parliament), on the basis of the proposal by respective local Hural (assembly or meeting) and local citizens, taking into account a structure of the economy and a location of the population.
- The aymag, the capital city, soum and district are administrative, territorial and socio-economic complexes with their specifically assigned functions and their governance being prescribed by law.
- The border lines of aymag, the capital city, soum and district shall be approved by the State Great Hural (Parliament) as submitted by the Government (Cabinet).
- The governance of administrative and territorial units of Mongolia shall be organized on the basis of a twining the principles of both self-governance and the State management [public administration].
Municipal government, Subsidiary unit government
Local self-governing organs in aymag, capital city, soum and district shall be the Hural of Citizen Representatives (Local assembly) in their respective territory, the General Hural of Citizens (Local meeting) in bagh and horoo, and their Presidiums during the interval period between the sessions of the Hural of Citizens’ Representatives (Local assembly) and the General Hural (Local meeting).
Subsidiary unit government, Municipal government
The Hural of aymags and the capital city shall be elected for a term of four years. The number of representatives for these Hural as well as for soum and districts Hural, and the procedure for their election shall be determined by law.
Subsidiary unit government
The State management (public administration) in the territories of aymag, the capital city, soum, districts, bagh and horoo shall be implemented by the Governors of respective aymag, the capital city, soum, district, bagh and horoo.
Subsidiary unit government
The candidates for governors shall be nominated by the Hurals of respective aymag, the capital city, soum, districts, bagh and horoo, and the Governors of aymag and the capital city shall be appointed by the Prime Minister; the Governors of soum and districts by the Governors of aymag and the capital city; and the Governors of bagh and horoo by the Governors of soum and districts, respectively for a term of four years.
- If the Prime Minister or Governors at higher instance should refuse to appoint the candidates for Governors of their lower instance, then until the new nominations and appointments are conducted by the procedure prescribed in Section 2 of this Article, the previous Governors shall be still vested with their powers.
- In conjunction with their task on implementation of the decisions of respective Hural, the Governors, in their capacity as a representative of the State and government, shall be accountable to the Government (Cabinet), as well as to the Governors of higher instance for the enforcement of laws and decisions by the Government and from the higher organs of their subordination, in the respective territories.
- The Governor shall have a right to veto decisions by the Hurals of respective aymag, the capital city, soum, district, bagh and horoo.
- Where the Hural by a majority of votes of their representatives overrides the veto, then such Governor may tender his/her request for resignation to the Prime Minister, or to the Governor at higher instance, if he/she considers that he/she will not able to implement the concerned decision.
- The Secretariat shall be an administrative office for governors of aymag, the capital city, soum and district. The organizational structure and limits for the personnel size of secretariat shall be determined by the Government (Cabinet) either individually or on the uniform basis.
Municipal government, Subsidiary unit government
- The local self-governing organs shall independently decide matters of social and economic life of their respective aymag, the capital city, soum, district, bagh and horoo territories, and in addition shall organize participation of the population in resolving issues of a national scale as well as matters of higher instance units.
- The organs of higher instance shall not make a decision on matters that are under the authority of local self-governing organs. If the law and decisions of relevant higher organs of the State do not specifically prescribe regarding the decision-making on definite matters of local life, the local self-governing organs may make autonomous decisions in conformity with the Constitution.
- The State Great Hural (Parliament) or the Government (Cabinet) may delegate, if deemed necessary, some matters within their powers for decision-making to the Hural (Local assembly) of aymag and the capital city, or to the Governors.
Subsidiary unit government
The Hural of aymag, the capital city, soum, district, bagh and horoo shall issue resolutions within their respective authority, whereas the governors shall issue ordinances.
National vs subnational laws
The resolutions of Hural and ordinances by Governors shall be in conformity with legislation, the decrees by the President, or with decisions by the Government (Cabinet) or by the higher organs of their subordination, and shall have a binding within each of their respective territories.
- Administrative and territorial units, their governance competence, organizational structure and operational rules of procedure shall be prescribed by law.
CHAPTER FIVE. The Constitutional Tsets (Court) of Mongolia
Establishment of constitutional court
The Constitutional Tsets (Court) of Mongolia shall be the competent organ with powers to exercise supreme supervision over the enforcement of the Constitution, to make a conclusion on the breach of its provisions, and to decide constitutional disputes, and is the guarantor for strict observance of the Constitution.
The Constitutional Tsets (Court) and its Members in the discharge of their duties shall be subject to the Constitution only, and shall be independent of any organizations, officials or from other persons.
- The independence of the Members of the Constitutional Tsets (Court) shall be ensured by the guarantees prescribed in the Constitution and by other laws.
Constitutional court term length, Constitutional court selection
The Constitutional Tsets (Court) shall be comprised of nine members. The Members of the Constitutional Tsets shall be appointed by the State Great Hural (Parliament) for a term of six years, upon the nomination proposals of three of them by the State Great Hural (Parliament), other three by the President, and another three by the Supreme Court.
Min age of const court judges, Eligibility for const court judges
A Member of the Constitutional Tsets (Court) shall be a citizen of Mongolia, who attained the age of forty years, having a high qualifications in law and politics.
- A Chairperson [Chief Justice] of the Constitutional Tsets (Court) shall be elected from amongst its nine Members for a term of three years, by a majority of their votes. He/she may be re-elected once.
Constitutional court removal
If a Chairperson or member of the Constitutional Tsets is in breach of law, then he/she may be withdrawn by the State Great Hural (Parliament) on the basis of the decision made by the Constitutional Tsets (Court), on the basis of proposal by the institution that nominated him/her.
- The President, the members of the State Great Hural (Parliament), the Prime Minister, the members of the Government (Cabinet Ministers) or judges of the Supreme Court shall not be included in the composition of the Constitutional Tsets (Court).
Constitutionality of legislation
The Constitutional Tsets (Court) shall examine and decide disputes regarding a breach of the Constitution, on its own initiative pursuant to the petitions or information from citizens, and/or at the request by the State Great Hural (Parliament), the President, the Prime Minister, the Supreme Court and the Prosecutor General.
Constitutional court powers
The Constitutional Tsets (Court) shall make conclusions based the grounds prescribed in Section 1 of this Article and submit its conclusions to the State Great Hural (Parliament), on the following issues under a dispute:
Legal status of treaties
On whether or not the laws, decrees or other decisions by the State Great Hural (Parliament) or by the President, as well as any Government (Cabinet) decisions and international treaties to which Mongolia is a Party, are in conformity with the Constitution;
- On whether or not the national referendums or any decisions by the Central Electoral Authority regarding the elections to the State Great Hural (Parliament) or its Members as well as the Presidential elections, are in conformity with the Constitution;
- On whether or not the President, the Speaker or members of the State Great Hural (Parliament), the Prime Minister or the members of the Government (Cabinet Ministers), the Chief Justice of the Supreme Court, or the Prosecutor General, have committed a breach of the Constitution;
- On whether or not there is justification for removal of the President, the Speaker of the State Great Hural (Parliament) and the Prime Minister, and for recall of the members of the State Great Hural (Parliament).
- If the conclusion, submitted in accordance with Clauses 1 and 2 of Section 2 of this Article, is not acceptable by the State Great Hural (Parliament), then the Constitutional Tsets (Court) shall re-examine it and make a final decision.
International law, Legal status of treaties, Constitutionality of legislation
If the Constitutional Tsets (Court) made a decision that the laws, decrees or other decisions of the State Great Hural (Parliament) and by the President, as well as the Government (Cabinet) decisions and the international treaties to which Mongolia is a State Party, are not in conformity with the Constitution, then such laws, decrees, instruments of ratification, or decisions shall be considered null and void.
A decision by the Constitutional Tsets (Court) shall become effective and enter into force immediately upon its commencement.
CHAPTER SIX. Amendments and Changes to the Constitution of Mongolia
Constitution amendment procedure
- Any proposed amendments or changes to the Constitution shall be initiated by the competent organs or officials with the right to legislative initiative, and such proposals may be submitted by the Constitutional Tsets (Court) to the State Great Hural (Parliament).
- A national referendum on the issue of proposed amendments or changes to the Constitution may be conducted with a supporting vote of at least two thirds by the members of the State Great Hural (Parliament). A referendum shall be conducted in accordance with the grounds in Clause 16 of Section 1 of Article Twenty Five of the Constitution.
Constitution amendment procedure
- The Constitution and its amendments or changes shall be adopted by a supporting vote of at least three quarters by all Members of the State Great Hural (Parliament).
- If a proposed amendment or change to the Constitution that has been under discussion twice and did not obtain such a supporting vote of at least three quarters by all its Members, then this draft shall not be subject to consideration for discussion until a new composition of the State Great Hural (Parliament), as elected by a regular general elections, assumes its work.
- The State Great Hural (Parliament) shall not affect any amendments or changes to the Constitution within the six months prior to the regular general elections.
- The amendments or changes made to the Constitution shall have the same force as the Constitution.
Duty to obey the constitution
The laws, decrees and other decisions by the organs of state, and activities of all organizations and citizens, must be in full conformity with the Constitution.
- This Constitution of Mongolia shall become effective and enter into force at 12 hours on the 12th day of February of year 1992, or at the hour of Horse on the prime zeal and auspicious good ninth day of Yellow Horse of the first spring month of Black Tiger of the year of Water Monkey of the Seventeenth Sixty-year Cycle.