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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 : The Judicial System

Recommendations

  • To enable judges to reach a better understanding of the operations of a market economy, they should be provided with ongoing programmes of further education, both in-countr and abroad. Such programmes need not be made available immediately to all judges. Initially they could be provided to, say, one judge in each aimag and considerably more from Ulaanbaatar. Judges, along with advocates, would also benefit from training in the adversarial system.

  • To assist in their research, judges and their staff would benefit from language training to enable them to read foreign texts and documents. This would also help the judiciary to integrate into the international legal community. The research facilities at all courts also need to be improved.

  • To encourage dispute settlement and to shorten the length of trials, the eventual introduction of interlocutory procedures could be considered.

  • To promote efficiency and save costs, the number of judges and citizens' representatives sitting on one case could be reduced, particularly in cases of first instance and minor matters.

  • To facilitate the work of the judiciary, as well as the operation of the judicial system generally, the courts should be provided with more and better equipment, particularly computers, printers, copiers and fax machines, and with improved transportation and storage facilities.

  • To enhance the status of the judiciary and make the profession more attractive, court buildings should be repaired and hearing rooms provided. Judges could be issued with robes, and their living standards improved by ensuring that they have salaries at least comparable to those in other branches of the law and suitable private accommodation.

  • To emphasise the independent status of the judiciary, the Tsets should be rehoused somewhere away from the Ikh Khural.

  • To assist in the enforcement of judgments, there could be greater cooperation between the bailiffs and the police.

  • To encourage local arbitration as a means of securing binding solutions to international commercial disputes, specialised training should be made available to Mongolian arbitrators, especially in private international law.



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