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191. All governance power in Mongolia shall be vested upon its people. The people of Mongolia shall directly participate in State affairs and shall exercise such right through the representative organ of the State power established by their election.
343. The state may give for private ownership land, other than pastures and areas under public use or reserved for the State's special needs, only to the citizens of Mongolia. This provision shall not be applicable to ownership of the land subsoil. Citizens shall be prohibited to transfer the land in their possession to foreign nationals and stateless persons by way of sale, barter, donation or pledge as well as from transferring to others for their use without the permission from the competent authorities of the State.
354. The State shall have the right to hold liable and responsible landowners in connection with their land, to exchange or reclaim it, providing compensation on the grounds of the State's special needs, or to confiscate such land if it is used in a manner adverse to the population's health, the interests of environmental protection and national security.
422. Section 1 of this Article shall not affect the right of national minorities of population to use their native languages in learning and communication, and in their pursuit of cultural, artistic and scientific activities.
583. The State Coat of Arms shall be of a circular form with the sacred white lotus flower serving as its base, and the never-ending and ever-flowering Tumen nasan (Thousands of Ages) ornamental pattern forming its main background with a blue color, signifying the eternal sky. At the center of the Coat of Arms, there shall be a depiction of the Precious Hulug (Flying Steed) combined with the golden Soyombo symbol, signifying the independence, sovereignty and spirit of Mongolia. At the top part of the State Coat of Arms, there shall be Chandmani (Wish granting Jewel) signifying the past, the present and the future, whereas at its lower part the Hourd (Wheel of Law or Dharma Chakra) as the happiness with progress and prosperity, with a green color mountain pattern, that represents the Mother – Earth, shall be depicted respectively. The Hourd shall be entwined with Hadag (silk scarf) for reverence and respect.
605. The State Flag shall be a combination of red, blue and red colors. The blue color at the middle part of the Flag, in proportion of its one-third size, shall symbolize the eternal blue sky, and with the red color on its two sides as symbol of the progress and prosperity. The golden Soyombo symbol shall be depicted on the red stripe next to the Flag post. The width and length of the Flag shall be 1:2 in its ratio.
616. The State Seal shall be of a square form with the State Coat of Arms in its middle, and the inscription “Mongol Ulus” (The State of Mongolia) on both its sides, and shall have a lion-shaped handle. The President of Mongolia shall be a holder of the State Seal.
692. No person shall be discriminated against on the basis of ethnic origin, language, race, age, sex [gender], social origin and status, property and assets, employment occupation and official position, religion and conscience, conviction and opinion, and education. Every human being shall be a legal person.
751.The right to life. Deprivation of human life shall be strictly prohibited unless otherwise highest measure of punishment, as prescribed by the Criminal Code of Mongolia for the commission of most serious crimes, is sentenced by a final judgment of the court.
773.The right to fair acquisition, possession and inheritance of movable and immovable property. Illegal confiscation and requisitioning of the private property of citizens shall be prohibited. If the State and its organs appropriate a private property on the basis of exclusive public need, then there shall be [fair] payment of compensation and cost.
784.The right to free choice of employment, to be provided with the enabling conditions for labor, to receive salary and remuneration, to rest and leisure, and to engage in private enterprise. No one shall be illegally forced to work.
828.The right to conduct cultural, artistic and scientific activities, and to produce creative works and to benefits thereof. The right to author’s copyrights, new works and innovation patents shall be protected by law.
839.The right to participate in State management [public administration] affairs directly or through the organs of representation. Have the right to elect and to be elected to the State organs. The right to elect shall be exercised from the age of eighteen years, and the age qualification for being elected shall be determined by law, taking into consideration the requirements for the relevant State organs and official positions concerned.
8410.The right to freedom of association in political parties or other public organizations on the basis of social and personal interests and conviction. The political parties and other mass organizations shall uphold the public order and State security, and respect and enforce the law. Discrimination and persecution of a person for joining a political party or other associations or for being their member shall be prohibited. Party membership of some categories of state employees may be suspended.
8511.Men and women shall enjoy equal rights in political, economic, social, cultural fields and in marriage. The marriage shall be based on the equality and consensual relationship of the spouses who have attained the age determined by law. The State shall protect the interests of a family, motherhood and the child.
8612.The right to submit petitions or complaints to the State organs and public officials, and get it resolved by those State organs. The State organs and public officials shall have an obligation to decide and resolve the petitions or complaints by citizens in accordance with law.
8713.The right to personal liberty and safety. No one shall be searched, arrested, detained, persecuted or restricted of liberty, except on grounds and procedures prescribed by law. No one shall be subjected to torture, inhuman, cruel or degrading treatment. Whenever the person is arrested, his/her family and advocate (legal counsel) shall be notified within a period of time prescribed by law of the reasons for and grounds of such arrest. The privacy of citizens, their families, confidentiality of correspondence and communication, and the inviolability of home residence shall be protected by law.
8814.The right to appeal to the court to protect such rights if he/she considers that the rights or freedoms as prescribed by the laws of Mongolia or by international treaties have been violated; and shall have the right to be compensated for damage illegally caused by others; right not to testify against oneself, his/her family, or parents and children; right to defense; right to receive legal aid; to have the documents of evidence examined; right to a fair trial; right to be tried in his/her own presence; right to appeal against court decisions, and right to request a pardon. It shall be prohibited to demand, compel or use the force to testify against himself/herself. Every person shall be presumed innocent until proved guilty by the court through the due process of law. The punishment and penalties imposed on the convicted shall not be applicable to his/her family members or relatives.
9117.The right to seek and receive information on any issues, except which the State and its organs are legitimately bound to specifically protect as relevant secret. In order to protect the human rights, dignity and reputation of persons, and to ensure national defense, security and the public order, the confidential state, corporate and individual information, that are not subject to disclosure, shall be classified and protected by law.
9218.The right to freedom of movement and residence within the country, to travel and reside abroad and to return to their motherland. The right to travel and reside abroad may be limited exclusively by law for the purpose of ensuring the national and population security, and for protecting the public order.
1011. The rights and duties of foreign citizens, who are residing in Mongolia, shall be determined by the laws of Mongolia and by the agreements concluded with a country of whose nationality is such person concerned.
1022. Mongolia shall adhere to the principle of reciprocity in determining the rights and duties of foreign nationals in the international agreements that are concluded with a country of concerned nationals.
1044. Foreign citizens or stateless persons persecuted for their conviction, political or other activities in pursuit of justice may be granted asylum in Mongolia on the basis of their well-grounded requests.
1055. Mongolia may establish necessary restrictions upon the rights other than the inalienable rights defined in international instruments to which Mongolia is a Party, out of the consideration of ensuring the security and population, and the public order, in allowing the foreign nationals and stateless persons under the jurisdiction of Mongolia to exercise the fundamental rights and freedoms as prescribed in Article Sixteen of the Constitution.
1071. The State shall be accountable to the citizens for the creation of economic, social, legal and other guarantees for ensuring human rights and freedoms, and shall fight against the violations of human rights and freedoms, and shall restore such infringed rights.
1082. In case of a state of emergency or war, the human rights and freedoms as prescribed in the Constitution and by other laws may be subject to limitation exclusively by law. Such law shall not affect the right to life, the freedom of thought, conscience and religion, as well as the legal provisions concerning the right to not to be subjected to torture, inhuman, degrading or cruel treatment.
1162. Members of the State Great Hural (Parliament) shall be elected by the citizens who are qualified to vote, on the basis of universal, free, direct suffrage by secret ballot for a term of four years.
1201. If regular elections of the State Great Hural (Parliament) may not be held due to extraordinary circumstances, such as sudden calamities occurring in the whole or a part of the country, then the State Great Hural (Parliament) shall retain its power until such extraordinary circumstances cease to exist, and the newly elected members of the State Great Hural (Parliament) are sworn in.
1212. The State Great Hural (Parliament) may decide on its dissolution if at least two thirds of its Members consider that the State Great Hural (Parliament) is unable to carry out its mandate, or if the President, in concurrence with the Speaker of the State Great Hural (Parliament), proposes to do so for the same reason. In case of such a decision, the State Great Hural (Parliament) shall exercise its powers until the newly elected Members of the State Great Hural (Parliament) are sworn in.
122Unless otherwise provided in the Constitution, if the State Great Hural (Parliament) is not able to discuss and decide the proposal for appointing the Prime Minister of Mongolia within forty five days, after its submission to the State Great Hural (Parliament), then either it shall dissolve itself or the President shall dissolve the State Great Hural (Parliament).
1252. The term of office for the Members of the State Great Hural (Parliament) shall start with the oath sworn before the State Coat of Arms, and shall expire when the newly elected members of the State Great Hural (Parliament) are sworn in.
1271. The State Great Hural (Parliament) shall nominate and elect the Speaker and Vice Speakers from among its members by an open ballot. The Vice Speakers of the State Great Hural (Parliament) shall be elected from each political party and/or coalition groups that have been formed as a result of that election to the State Great Hural (Parliament).
1282. The term of office for the Speaker and Vice-Speakers of the State Great Hural (Parliament) shall be for four years. They may be released or removed from their office before the expiry of their terms of office on the grounds prescribed by law.
1301. The State Great Hural (Parliament) may consider at its own initiative any issue pertaining to domestic and foreign policies of the State, and the following matters within its exclusive prerogative shall be vested therein and decided upon:
1344.Determine and change the structure and composition of the Standing Committees of the State Great Hural (Parliament), the Government (Cabinet), and other organs directly responsible and accountable for their work to it as prescribed by law;
1366.Appoint, replace or remove the Prime Minister, members of the Government (Cabinet Ministers) and the composition of other organs directly responsible and accountable for their work to the State Great Hural (Parliament) as prescribed by law;
1377.Determine the financial and credit, official taxation and monetary policies of the State, and the main directives for national economic and social development, and to approve the Government Program of Action, the State budget, and their performance reports;
14616.Hold national referendums (plebiscites). Verify the validity of a referendum in which the majority of citizens who are qualified for elections have participated, and to consider the question which obtained a majority vote as decided;
14818.Declare a state of emergency or a state of war in the whole or some parts of the country in special circumstances described in Sections 2 and 3 of this Article. and to approve or nullify the President’s decree to that effect.
1492. Under the following extraordinary circumstances the State Great Hural (Parliament) may declare a state of emergency to eliminate the consequences thereof, and to restore the life of the population and society to normality:
1501.The natural disasters or other unforeseen dangers which threaten or may threaten directly the life, health, well-being and security of the population in the whole or a part of the country’s territory, have occurred;
1512.The organs of state are not able within their authority to cope with the public disorders caused by organized, violent, illegal actions of an organization or a group of people, that is threatening the Constitutional order and the existence of the legitimate societal system.
1523. The State Great Hural (Parliament) may declare a State of War, if public disorder in the whole or a part of the country’s territory result in an armed conflict or creates a clear and present danger of an armed conflict, or if there is armed aggression or a clear and present danger of such aggression from outside.
1573. The laws of Mongolia shall be officially promulgated by the State Great Hural (Parliament), and unless otherwise provided by law, it shall become effective and enter into force after ten days since the date of its publication.
1613. Extraordinary sessions may be convened at the demand of more than one third of the Members of the State Great Hural (Parliament), and/or at the initiative of the President and the Speaker of the State Great Hural (Parliament).
1624. The President shall convoke the constituent sessions of the State Great Hural (Parliament) within thirty days following the general elections. All other sessions shall be convened by the Speaker of the State Great Hural (Parliament).
1635. In case of the proclamation by the President of a state of emergency or war, the State Great Hural (Parliament) shall be convened for an extraordinary session within seventy two hours without prior announcement.
1646. Sessions of the State Great Hural (Parliament) and sittings of its Standing Committees shall be considered valid with the presence of a majority of its members, and issues shall be decided by a majority vote of the members present in such sittings. Decisions on appointment of the Prime Minister and members of the Government (Cabinet Ministers), as well as other issues, unless otherwise provided by law, shall be decided by open vote.
1691. Members of the State Great Hural (Parliament) shall receive a salary from the state budget during their term of office. Members of the State Great Hural (Parliament) may not hold concurrently any employment or position, that are incompatible with their duties as assigned by law, other than the posts of the Prime Minister and member of the Government (Cabinet minister).
1713. The issue concerning a Member of the State Great Hural (Parliament), who was involved in crime, shall be discussed and decided by a session of the State Great Hural (Parliament) as to whether or not to suspend his/her powers. If a court determines that such Member concerned is guilty of a crime commission, then the State Great Hural (Parliament) shall recall and remove him/her as its member.
1752. An indigenous citizen of Mongolia, who has attained the age of forty five years and has permanently resided in his/her motherland for at least five years, shall be qualified to be elected as the President for a term of four years.
1804. The State Great Hural (Parliament) shall consider the candidate who has obtained a majority of all votes cast in the first vote as elected the President, and shall promulgate the law recognizing his/her powers.
1815. If none of the candidates obtains a majority vote at the first round, then the two candidates, who have obtained the largest number of votes at the first round, shall be included for the second vote. The candidate, who obtains a majority of all votes cast at the second ballot, shall be considered as elected the President, and the law recognizing his/her mandate powers shall be enacted by the State Great Hural (Parliament).
1848. The President shall not concurrently hold the posts of the Prime Minister, or as member of the State Great Hural (Parliament) or the Government (Cabinet), or hold any other job or official position, that are not responsibilities determined by law. If the President is holding another job or official position, then he/she shall be released from this responsibility effective from the date on which he/she has sworn the oath.
1872. Within thirty days after being elected, the President shall be swearing the oath to the State Great Hural (Parliament) as: “I do hereby swear, that I shall safeguard and defend the independence and sovereignty of Mongolia, the freedom of our people and national unity, and that I shall uphold and observe the Constitution, and that I shall faithfully discharge the duties of the President”.
1901.Veto, either partially or wholly, the laws and other decisions adopted by the State Great Hural (Parliament). Such laws or decisions shall remain in force, if after having been discussed, two thirds of Members of the State Great Hural (Parliament) present and voting do not accept this veto by the President;
1912.Submit to the State Great Hural (Parliament) a proposal to appoint as the Prime Minister, a person who has been nominated by a party or coalition that obtained a majority of seats in the State Great Hural (Parliament), and if neither party nor coalition have obtained a majority, then a person who has been nominated by a party or coalition with the largest number of seats, in consensus with other parties or coalitions, and if a party or coalition with the largest number of seats is not able to reach such consensus and nominate a candidate for the Prime Minister, then a person who has been nominated by a majority with consensus from parties and/or coalitions with seats in the State Great Hural (Parliament), within five days;
1923.Provide guidelines for the Government (Cabinet) on issues within its powers. If the President issues the decree with this regard, then it shall become effective upon its counter-signature by the Prime Minister;