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Developing Mongolia's Legal Framework: A Needs Analysis

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Introduction

This report has been written as part of a project to develop Mongolia's legal framework financed by the Asian Development Bank. It serves two purposes. One is to provide an outline of the process and the current state of Mongolia's legal reform as the country makes the transition to a market economy. The second is to reinforce the institutions involved in this reform. The emphasis has been placed on the commercial laws and the institutions responsible for the economic development of the country.

There is virtually nothing written specifically on the current legal system or laws of Mongolia, at least in languages other than Mongolian, and almost all of the research for this report was carried out by way of interviews and by studying translations of laws and other documents. Most of the interviews took place in Ulaanbaatar although members of the project team also organised visits to Bayan-Olgie and Dundgobi to meet with representatives of the legal profession working in those two aimags.

As the main author of this report, I would like to express my gratitude to the rest of the project team, in particular to Hélène Barra for her research and contributions on legal education and the Ministry of Justice, to Heimerick Jansem for his work on the judiciary and the General Prosecutor's Office, and to Gregory Richardson and Paul Robinson for their assistance with the appendices. Special thanks are due to my Mongolian counterpart, Urana, for her invaluable help and patience in translating, interpreting and providing general information; to Gabriele Crespi Reghi i, Professor of Comparative Law at the University of Pavia, for his input into the first chapter; to Gilles Blanchi, Deputy Director fo the International Development Law Institute, for his comments on an earlier draft; and to Ross Clendon, Senior Counsel at the Asian Development Bank, for his guidance and support.

Finally, I must record my gratitude to the wide cross-section of the Mongolian legal community who have assisted us. Without their availability, patience and openness, this report would never have been possible.

Stephanie McPhail

Ulaanbaatar, October 1995

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