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p. 28 of 84 BACK | NEXT Introduction General Background The Legislative Framework The Legislative Process Government and the Administration The Judicial System The Court System The General Council of Courts Court Procedure The Judges The Bailiffs Working Conditions of the Judiciary Arbitration Recommendations The Legal Profession Legal Education Appendices

Developing Mongolia's Legal Framework: A Needs Analysis

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The Judicial System

The Mongolian judiciary is now independent of the other branches of government. Over recent years there has been a considerable increase in the proportion of civil cases involving issues such as contract disputes and bankcruptcy. The 357 judges, however, have all been trained under the socialist system and it can be expected that many will find the new situations they will be called upon to deal with confusing. These has been little training. Court houses are also poorly equipped, sometimes even lacking court rooms. The judiciary would therefore benefit from further training in commercial matters and the provision of research and technical facilities.

The Constitution of 1992 formalised the separation of powers between the judicial and other branches of government, enshrining the judiciary's independent status. Under the previous system, while it was nominally independent, the judiciary was effectively controlled by the ruling communist party. Judges were appointed by committees of the party, and party membership was an unwritten requirement. The party could put pressure on a judge to decide a case in a particular way, and it was also common for citizens to use their personal contacts with high ranking officials to try to influence judicial decisions. Although the party had no power to override a judicial decision, it could summon the judge to appear before a party committee to explain the result, and this in turn could lead to the judge being discredited or simply not reappointed. Now judges are subject only to law, and judicial power is vested exclusively in the courts. The government must respect the independence and impartiality of the judiciary, and in turn judges must abstain from political activity.

The Constitution also introduced judicial standards that are embodied in the United Nations Basic Principles on the Independence of the Judiciary, such as the right to a fair trial, the right to counsel, and the presumption of innocence.

The court structure has been transformed by significantly reducing the number of courts, abolishing the military and railway courts and those for hearing disputes between state-owned enterprises, and introducing a constitutional court. A proposed draft law would see the creation of an administrative court system.

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