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Mongolia: Judicial
Country Study > Chapter 4 > Government and Politics > Government Structure > Major State Organizations > Judicial

JUDICIAL


The Supreme Court is described in the Constitution as "the highest judicial authority" that directs "all...judicial agencies and also establishes supervision over their judicial activity." It is elected for a four-year term by the People's Great Hural, and it presides over the lower structure made up of eighteen aymag courts and local somon courts. Members of the local court structure were elected locally, and the judges for these courts served three-year terms. Elected in May 1986, the chairman of the Supreme Court, Lubsandorjiyn Renchin, had a first deputy and two other deputies, including the chairmen of the criminal affairs and the military affairs collegia.

The Procurator of the Republic exercises "supreme supervision over the precise observance of laws by all ministries and other central agencies of administrations, institutions and organizations." The procurator was appointed by the People's Great Hural for a term of four years.

The law and the legal system were described officially as being solidly grounded in the ideology of Marxism-Leninism. The purpose was to ensure that the socioeconomic order produced and shaped a distinctive political, economic, and legal superstructure. Within this context, the principal function of law was to regulate the economy and to contribute to the building of socialism. As of 1989, there still was a limited role for custom in the area of socialist law, but only those considered compatible with prevailing legal norms persisted. There also was a new emphasis on equal rights for women. For the most part, the law functioned as a body of prescriptive regulations that guided social relationships and interpreted the duties of citizens in ways that the party found to be in the best interests of society and development. In general, regulations and codes controlled more areas of life than ever before.

Two separate legal codes form the basis of Mongolian law -- the Civil Code and the Criminal Code. The Civil Code, which went into effect in April 1963, was modeled closely on the code adopted by the Soviet Union in 1963. This code regulates personal relations more carefully than had been the case before its enactment. It extends certain rights, including protecting the honor and the dignity of citizens. The code enlarges the discussion of obligations to include contracts of delivery and carriage -- matters essential to efficient business operations. There also are law codes that apply to the family and to the workplace.

Formal training in law was given under the Faculty of Social Sciences of the Mongolian State University. Beginning in 1980, 100 full-time students per year were enrolled at this institution. Although the Constitution contains no channel of appeal, the law does provide for appeals of all verdicts except those of the Supreme Court.

Data as of June 1989




Last Updated: June 1989


Editor's Note: Country Studies included here were published between 1988 and 1998. The Country study for Mongolia was first published in 1989. Where available, the data has been updated through 2008. The date at the bottom of each section will indicate the time period of the data. Information on some countries may no longer be up to date. See the "Research Completed" date at the beginning of each study on the Title Page or the "Data as of" date at the end of each section of text. This information is included due to its comprehensiveness and for historical purposes.

Note that current information from the CIA World Factbook, U.S. Department of State Background Notes, Australia's Department of Foreign Affairs and Trade Country Briefs, the UK's Foreign and Commonwealth Office's Country Profiles, and the World Bank can be found on Factba.se.

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Section 143 of 199






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