Located in Central Asia between Russia and China, Mongolia was the center of the largest contiguous land empire in world history. Genghis Khan, the founder of the Mongol Empire, united the numerous nomadic tribes of the region in the 13th century. At its height, the Empire spanned much of China, Russia, Central Asia, and the Middle East and into parts of Europe and East Asia, reaching almost 12 million square miles. Genghis (“Chinggis”) Khan means universal ruler. Though known as a fierce warrior, Genghis Khan also introduced legal reforms, eliminated aristocratic titles, established a system of writing, initiated innovations in warfare such as leather armor and gunpowder, engaged in international diplomacy, supported commercial trade, and respected freedom of religion. Genghis Khan was an animist; his followers included Buddhists, Christians, and Muslims.
After the fall of the Mongol Empire in the mid-14th century, the population once again broke into independent tribes and Khanates. In the 17th century, China’s (Manchu) Qing Dynasty gained control over the region. Mongolia was informally divided into two regions: Outer Mongolia in the north, bordering Russia, and the southern region of Inner Mongolia bordering China. Chinese supremacy of both regions continued until 1911 when Outer Mongolia proclaimed independence under the leadership of the 8th Jebtsundamba Khutuktu (Bogd Khan), the spiritual head of Tibetan Buddhism in Mongolia. Mongolia’s full political independence was not achieved for another ten years when China’s hold on the north was weakened as it fought off incursions from the Bolsheviks (and later the Soviets). This enabled the successful Mongolian Revolution of 1921 and, in 1924, the creation of the Mongolian People’s Republic. Mongolia became a single party socialist state with close ties to and economic support from the Soviet Union. (Inner Mongolia remained an autonomous region in northern China.)
In 1990, popular protests broke out in major cities and provinces across Mongolia, led primarily by young people influenced by the pro-democracy movements in Eastern Europe. Demands for a multi-party system and economic reform led to the fall of the socialist government and the emergence of a democratic coalition. This peaceful transition was followed by the adoption of new constitution in 1992 and Mongolia’s first democratic presidential election in 1993.
Legal System
Mongolia is a unitary parliamentary republic. Its judicial system is based on the civil law tradition and is governed by the 1992 Constitution. Sources of law include the constitution, legislation, parliamentary resolutions, cabinet resolutions, presidential decrees, ministry rules and orders, and international treaties that have been ratified by parliament (the State Great Khural).
The Courts
The judiciary of Mongolia is made up of a three-tiered court system (first instance, appellate, supreme court) divided into three branches (civil, criminal, administrative). A separate Constitutional Court oversees constitutional matters.
Mongolia has 21 provinces and the capital city of Ulaanbaatar. The provinces (Aimags) are subdivided into smaller districts (Soums). The court system is structured around these geographical entities.
Ordinary Courts
First Instance
At the first level are trial courts - Soum, Intersoum, and District Courts – which hear civil, criminal, administrative, and labor cases.
Appeal Courts
Aimag courts, located in the provincial capital cities and Ulaanbaatar, hear appeals from the first instance courts.
Supreme Court
The Supreme Court of Mongolia is the court of last resort for non-constitutional questions. The Court reviews cases from the appeals courts. It also provides interpretations of legislation to guide the lower courts and may submit proposals to the legislative branch regarding draft legislation related to the courts. The Court has 25 members, including the Chief Justice. It hears cases in five-member specialized chambers: civil, criminal, and administrative.
Nominees to the Supreme Court are recommended by the Judicial General Council, presented to Parliament, and appointed by the President. Prospective justices must have at least 10 years of experience as a judge, prosecutor, lawyer, or professor of law, and cannot have held political leadership positions in the past six years. Justices have life tenure with a mandatory retirement age of 60.
Citizen's Representatives
Mongolia’s constitution, criminal and civil procedure codes, and legislation provide for the position of “citizen representative.” Although the citizen representative attends civil and criminal court proceedings, unlike jurors or lay judges in other countries, they serve more of an observational role than actively engage in the adjudication process. The position of citizen representative was created to promote transparency and public oversight of court proceedings. The Law on Citizen Representatives appears to permit representatives to ask questions during hearings and confer with the judges during deliberations; however, this is not done in practice. Instead, citizen representatives may provide comments to judges during proceedings. They may also share feedback or observations about a judge’s behavior with relevant authorities. Citizen representatives are selected from a list compiled by the local government. They must be citizens with language fluency, at least 18 years old, and have no criminal record or personal involvement with the case. Some courts, especially higher-level courts and those in urban areas, provide orientation for citizen representatives.
Administrative Courts
Mongolia’s administrative courts, established in 2004, adjudicate disputes involving administrative acts that impact individual rights and disputes between private citizens and public authorities. They are also authorized to review administrative acts, including the conduct of police authorities, school regulations, and matters involving the civil service. The Administrative Court of Appeal, established in 2010, reviews decisions of the lower administrative courts and reviews challenges to actions taken by the President, Parliament, government, election committee, and Central Bank.
Constitutional Court
The Constitutional Court (Tsets) resolves constitutional disputes at the request of the President, Prime Minister, Supreme Court, General Prosecutor, on its own initiative, or in response to petitions filed by citizens. The Court’s decisions related to the constitutionality of laws, decrees, and treaties must be submitted to parliament for approval. If parliament does not agree with the judgment, the case will be reviewed by a full panel of the Constitutional Court.
The court has nine members, appointed by parliament for six-year terms. Three constitutional court justices are nominated by the President, three by the Supreme Court, and three by parliament. Nominees must be individuals of high standing in the legal profession and at least 40 years old. Members of the court select its chief justice who serves for a once-renewable three-year term.
Judicial General Council
The Judicial General Council is the administrative body for the court system. It is tasked with human resources management, finance and budget, and oversight of courthouses. The Council plays a prominent role in the judicial selection process by coordinating the selection process and recommending appointments to the President. The Council has ten members who are appointed to a non-renewable four-year term. Five are selected from and by the judiciary and five are non-judges appointed through an open nomination system. The Council’s chairperson is elected by its members for a one-year term.
Judicial Selection
The judicial selection process for lower court judges falls under the jurisdiction of the Judicial General Council. The Council posts judicial vacancy announcements on its website and in the media. Judicial aspirants must have a law degree, no criminal record, and undergo evaluation by a medical doctor to ensure that they have no physical or mental disorders (as specified in legislation) incompatible with judicial duties. To be considered for the appellate bench, judges must have at least six years of experience as a lower court judge. Lower court judges must be at least 25 years old and have three years of legal experience.
The Judicial General Council administers a judicial entrance exam to test for legal knowledge and practical skills. When considering applicants to the second instance courts, the Council reviews the applicants’ written decisions and court records and conducts interviews with colleagues and others familiar with their work. The Council submits the names of proposed candidates to the President. The president has the right to reject a nominee.
Judges have life tenure with a mandatory retirement age of 60. Those who have reached the age of 55 and have worked as a judge for 25 years are also eligible for retirement.
Judicial Disciplinary Committee
The Judicial Disciplinary Committee was created in 2019 to review complaints against judges. The Committee has the authority to suspend, sanction, and dismiss judges. There are nine Committee members: four are judges selected by secret ballot by the Assembly of All Judges and five are members of the bar appointed by parliament.
Conference of Judges
The courts in Mongolia each have a Conference of Judges that includes all of their judges. The Conference establishes procedures for the court’s work including assigning presiding judges, appointing judges to panels, developing proposals for judicial training, electing the chief judge, and implementing procedures for the random assignment of cases.
Assembly of All Judges
Every two years, all of the judges in Mongolia gather for the Assembly of All Judges. During this convocation, the Assembly elects (by secret ballot) members for the General Council and Disciplinary Committee, submits proposals for court rules reforms, approves procedures for case distribution and the process for filing a complaint against a judge, and discuss other matters related to the work of the courts.
Judicial Education
The Judicial Training, Research, and Information Academy is responsible for developing and organizing professional development for judges as well as undertaking research related to court operations. The Institute is under the jurisdiction of the Supreme Court. Staff includes judges and non-judges, with first and second instance judges assigned to the Academy for six-month periods to engage in research. The Institute’s research office provides the Supreme Court with reports analyzing legislation and case data based upon statistics gathered from courts across the country.
Customary Law
During his rule, Genghis Khan instituted a legal code based on principles of fairness, justice, and communal responsibility. The Great Yassa (Ikh Zasag) served to unify the empire and its norms influenced the development of Mongolia’s 1992 constitution. In rural parts of the country as well as among Mongolia’s nomadic tribes, disputes are resolved using customary norms and mediation-like practices.
Mediation
In 2012, Mongolia introduced a Law on Mediation that authorizes the use of mediation in disputes involving civil matters, labor, and some family law issues. Courts may offer parties the option to pursue mediation with a professional mediator. The government of Mongolia is working to expand the use of ADR mechanisms to facilitate access to justice and reduce case backlogs in the courts.