CONSTITUTION OF MONGOLIA
January 13, 1992 Ulaanbaatar city
We the people of Mongolia:
Strengthening the independence and sovereignty of the nation,
Cherishing human rights and freedoms, justice, and national unity,
Inheriting the traditions of national statehood, history, and culture,
Respecting the accomplishments of human civilization,
And aspiring toward the supreme objective of building a humane, civil and democratic society in the country
Hereby proclaim the Constitution of Mongolia.
The Judicial General Council shall work for the purpose of ensuring impartiality of judges and independence of the judiciary.
The Judicial General Council, without interfering in the judicial proceedings of courts and judges, shall execute duties concerning the selection of judges exclusively amongst lawyers, protection of their rights and other matters pertaining to providing the conditions that guarantee the autonomous functioning of judges.
/Extracted from the Constitution of Mongolia, Articles 49.3 and 49.4/
Independence and Impartiality of the Judges and the Judiciary
- The General Council shall directly submit the operational and investment budget of courts at all levels to the State Great Khural (Parliament);
- Provide the guarantee of the judicial economy, finance, labour and work welfare and when necessary, have the government make decision on socio-economic guarantee and technical assistance;
- To follow laws regarding the judiciary, develop, give recommendations to other legal document proposals and submit to legislatures;
- Convey and submit proposals to the President of Mongolia upon consultation with the Government, on locating, establishing, modifying or liquidating the courts, except for the Supreme Court; and organize the enforcement of decisions made thereof;
- Research and develop the proposals and decision drafts on improving the judicial organization and structure, and convey it to the concerned organizations;
- Ensure the safety and sanitary conditions of the court premises; and approve and enforce the relevant rules and regulation thereof;
- Organize necessary measures on timely manner in order to ensure the security of the judges and their family members;
- Plan and estimate the resources necessary for investment in the construction and renovation of the court premises, the court hearing rooms and other facilities that conforms the security standards, and to manage the construction plans and cost of facilities and ensure its execution, in order carry out the normal administration of justice, implementation of the adversarial principles, openness to the general public.
Management of Court Administration
- Approve the standards, rules and regulations related to the court administration, organization and operations and ensure the enforcement thereof;
- Ensure the organizational conditions for normal and continuous operations of the courts;
- Deliver professional and methodological support to all court administration organizations at all instances;
- Appoint and dismiss the Executive Secretary of the Judicial General Council, the Heads of the Judicial Qualification and Judicial Ethics Committees, the head of the Judicial Research and Information body, and heads of the court secretariats;
- Conduct research on the workload of judges and judicial administrative staff, and undertake necessary measures thereof and protect their rights pursuant to this Law and relevant laws;
- Define the job descriptions of the heads of court secretariats and assess the quality and results of their work performance;
- Undertake the video and audio recordings of the court hearings, and approve the regulations for archiving thereof;
- To provide citizen representatives of court hearings with necessary information and references on their rights and duties prescribed by law; undertake the necessary measures to prevent any undue influence on them, monitor the prohibited conducts of the citizen’s representatives and refer to relevant organizations if such misconduct is committed;
- Ensure the organization of smooth operation of the Judicial Ethics Committee;
- Ensure the organization of smooth operation of the mediation activities at the courts;
- Receive the proposals, petitions and complaints from citizen’s and organize the actions to provide the methodological support to review and resolve thereof;
- Communicate and cooperate with the Bar Association and other organizations within the framework for implementing its functions;
Effective Use of Court Budget Allocation and Spending
- Organize, manage and monitor the court’s finance, economic and accounting operations units;
- Approve and implement the integrated policy on providing the courts with modern technology and equipment;
- Organize the utilization, protection and maintenance of the court’s transportation, communication, information analysis, and software facilities;
- Organize the registration, bookkeeping, possession, utilization and protection of the court assets, while taking measures for ensuring its safety and orderly maintenance;
- Provide the courts with equipment and its operating specialists, and organize its repair and maintenance services;
- Establish the integrated information networks between the courts and judicial administrative organizations, and provide the technical working conditions thereof;
- Supply the courts with officially published bare-texts of the laws of Mongolia, and organize the task for registry and reference services of legislative acts.
- Receive and register the courts cases, claims, complaints and petitions, and adopt the standards and methodology for the court sessions preparation and provide the guidance thereof;
- Adopt and enforce the uniform standards for each duration for preparatory and post-period stages of the case adjudication by examining the case flow;
- Adopt and enforce the uniform standards and model forms for publishing and archiving of the court resolutions and decisions and the verdicts and orders by judges;
- Establish a case management monitoring and information system;
- Adopt and enforce the methodology and regulations for optimally setting a court hearing date based on the average hours of duration of its continuation, in compliance with the period prescribed by law, while ensuring the presence of litigants to a case;
- Register each stage of the case adjudication in a database and conduct monitoring thereof;
- Provide information concerning the case management to the courts and the general public.
The Judicial General Council’s Power on Selection of Judges from Lawyers
- Organize the registration and selection of candidates for a judge, according to the procedure prescribed in the Law on Legal Status of Judges;
- Submit and introduce to the President proposals for an appointment, rotation, transfer, release or dismissal of judges;
- Provide the management and organization of the Judicial Qualifications Committee, and appoint or release the heads and members of this Committee;
- Evaluate the qualifications and requirements of judges, develop the regulation for selection together with the Judicial Qualifications Committee and organize its implementation.
Protecting Rights and Legitimate Interest of Judges
- To implement activities to protect the rights and legitimate interests of judges pursuant to the Law on Legal Status of Judges and to take measures if violated;
- To take measures for instances for conditions of undue influence to the impartiality and the immunity of the judges, rights and legitimate interests are at stake of violations and to preventive measures.
Judicial Human Resources
- Organize the human resources registry, research, planning, assignment and implementation;
- Manage the judicial human resources deployment based on the courts demand and research;
- Set forth the number of positions for assistants to judges and for judicial administrative staff;
- Organize the internships and professional development training for judges and judicial administrative staff in cooperation with the Bar Association, the Civil Service Commission, and with other training institutions;
- Establish and implement the criteria and regulations for evaluating the performance of the judicial administration organization, as well as determining the work skills, professional qualification level of the judicial administrative personnel;
- Grant the professional service ranks to the judicial administrative staff members in accordance with the legislation, and nominate them for the State awards and honorary titles.
Judicial Research and Information
- Issue statistical data on judiciary and criminal cases;
- Issue the integrated judicial statistical reports and data, conduct research and processing thereof;
- Research the practical trends of adjudication and the judicial administrative work;
- Establish the judicial data-base in electronic and other forms;
- Create, update and organize the utilization of an inventory of research database and handbooks on legal theory and practice.
Providing Information to the Public
- The Judicial General Council and the Court Secretariats shall provide information to the general public in the following manner:
- Provide information on a regular basis through websites and media outlets concerning the implementation of powers for ensuring the independence of courts, judicial administration, selection of judges, and protection of legitimate interests of judges;
- Compile and publish the court decisions and regulations, and upload on the website of courts on a regular basis;
- Update the website of courts on a regular basis;
- Provide information regarding the court operations and adjudicated cases and disputes to the general public;
- Organize the information and referral services;
- Organization for receiving comments/recommendations from the general public concerning the court operations in written and electronic forms.