Judiciary Of Mongolia
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Judiciary Of Mongolia
The judiciary of Mongolia is made up of a three-tiered court system (first instance, appellate, supreme court) divided into three branches (civil, criminal, administrative cases). For questions of constitutional law there is a separate constitutional court. Besides there are forms of alternative dispute resolution. First instance First instance court types are: * District first instance court for civil cases ( mn, дүүргийн Иргэний хэргийн анхан шатны шүүх / дүүргийн ИХАШ шүүх) * District first instance court for criminal cases () ** Number: 4 each; named after Ulaanbaatar city districts. * Inter-soum first instance court for civil cases () * Inter-soum first instance court for criminal cases () ** Number: 21 each; named after an aimag. * Inter-soum court () ** Number: 8; each named after an aimag's soum. * First instance court for administrative cases (захиргааны хэргийн анхан шатны шүүх / ЗХ ...
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Judicial General Council Of Mongolia
The Judicial General Council of Mongolia (, ''Mongol Ulsyn Shüükhiin Yerönkhii Zövlöl'') is an organ of the Mongolian judiciary mandated by the Constitution of Mongolia to maintain the independence of the judiciary, represent the Mongolian judiciary and advise on the selection and removal of judicial officers. Background The Council consists of 5 members being appointed by the President of Mongolia. In fulfilling its constitutional mandate, the Council submits recommendations to the State Great Khural and the President on the establishment and structure of the court system, their personnel, appointments and release of judicial officers. Further, it selects and examines judicial officers, upgrades their skills and qualifications through training, and distributes budgets and controls over expenditure of funds. The council has been at the centre of ongoing judicial reform efforts in Mongolia. It has received assistance from the United States Agency for International Development ...
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Court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to ...
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Ulaanbaatar
Ulaanbaatar (; mn, Улаанбаатар, , "Red Hero"), previously anglicized as Ulan Bator, is the capital and most populous city of Mongolia. It is the coldest capital city in the world, on average. The municipality is located in north central Mongolia at an elevation of about in a valley on the Tuul River. The city was originally founded in 1639 as a nomadic Buddhist monastic center, changing location 28 times, and was permanently settled at its current location in 1778. During its early years, as Örgöö (anglicized as Urga), it became Mongolia's preeminent religious center and seat of the Jebtsundamba Khutuktu, the spiritual head of the Gelug lineage of Tibetan Buddhism in Mongolia. Following the regulation of Qing-Russian trade by the Treaty of Kyakhta in 1727, a caravan route between Beijing and Kyakhta opened up, along which the city was eventually settled. With the collapse of the Qing Empire in 1911, the city was a focal point for independence efforts, leading ...
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Supreme Court Of Mongolia
The Supreme Court of Mongolia is the highest court in the judicial system of Mongolia, and is generally the court of last resort for non-constitutional matters. It is established by Article 48(1) of the Constitution of Mongolia. The 1992 Constitution states in Article 50(1) that "the Supreme Court shall be the highest judicial organ".Montsame News Agency. ''Mongolia''. Montsame News Agency Foreign Service Office, 2006, ; p. 45 The Supreme Court has jurisdiction over serious criminal matters, receives appeals from lower-instance courts. It also hears appeals from the Constitutional Court with respect to the protection of the rule of law and human rights and from the Prosecutor General. The Court may also provide official interpretations of Mongolian law, except for the Constitution of Mongolia. Official interpretations are made through a special procedure referred to as a 'sitting en banc'. Justices of the Supreme Court of Mongolia are appointed by the President of Mongolia af ...
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Kazakh Language
The Kazakh or simply Qazaq (Latin: or , Cyrillic: or , Arabic Script: or , , ) is a Turkic language of the Kipchak branch spoken in Central Asia by Kazakhs. It is closely related to Nogai, Kyrgyz and Karakalpak. It is the official language of Kazakhstan and a significant minority language in the Ili Kazakh Autonomous Prefecture in Xinjiang, north-western China and in the Bayan-Ölgii Province of western Mongolia. The language is also spoken by many ethnic Kazakhs throughout the former Soviet Union (some 472,000 in Russia according to the 2010 Russian Census), Germany, and Turkey. Like other Turkic languages, Kazakh is an agglutinative language and employs vowel harmony. '' Ethnologue'' recognizes three mutually intelligible dialect groups, Northeastern Kazakh, the most widely spoken variety which also serves as the basis for the standard language, Southern Kazakh and Western Kazakh. The language share a degree of mutual intelligiblity with closely related Karakalpak ...
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Bayan-Ölgii Province
Bayan-Ölgii ( mn, Баян-Өлгий, ; xal, Байн-Өлгий, ; kk, Бай-Өлке / Bai-Ölke, ; "Rich region") is the westernmost of the 21 aimags (provinces) of Mongolia. The country's only Muslim and Kazakh-majority aimag, it was established in August 1940. Its capital is Ölgii. Geography The aimag is located in the extreme west of the country, and shares borders with both Russia and China. The border between the two neighbouring countries is very short here, though, and ends after about 40 km at the eastern end of Kazakhstan. Within Mongolia, the neighbouring aimags are Uvs in the north east and Khovd in the south east. Bayan-Ölgii is the highest Mongolian aimag. For the most part it is located in the Mongolian Altay, at the transition point to the Russian Altay. About 10% of the territory is covered by forests, consisting primarily of Siberian Larch. The Nairamdal Peak (also ''Friendship Peak'', Chinese: ''Youyi Feng'') of the Altai Tavan Bogd (''f ...
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Districts Of Mongolia
A district ( mn, сум, , , ; "arrow"), is a second level administrative subdivision of Mongolia. The 21 Provinces of Mongolia are divided into 331 districts.Montsame News Agency. ''Mongolia''. 2006, Foreign Service office of Montsame News Agency, , p. 46 On average, each district administers a territory of with about 5,000 inhabitants, primarily nomadic herders. Its total revenue is 120 million Tögrög, 90% of which comes from national subsidies. Each district is again subdivided into ''bags'' (brigades; sometimes spelled ''baghs''). Most bags are of an entirely virtual nature. Their purpose is to sort the families of nomads in the district into groups, without a permanent human settlement. Officially, and occasionally on maps, many district seats (sum centers) bear a name different from that of the district. However, in practice the district seat (sum center) is most often referred to under the name of the district, to the point of the official name of the district se ...
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Aimag
An aimag (, ; xal, әәмг, ), originally a Mongolian word meaning 'tribe', is an administrative subdivision in Mongolia, Russia, and in the Inner Mongolia region of China. Mongolia In Mongolia, an aimag is the first-level administrative subdivision. The country currently has 21 aimags. The capital Ulan Bator is administrated as an independent municipality. During the Qing dynasty, Khalkha was subdivided into four aimags ( Setsen Khan Aimag, Tüsheet Khan Aimag, Sain Noyon Khan Aimag and Zasagt Khan Aimag). An aimag was further subdivided into "banners" (''khoshuu''). Each aimag had an assembly of the local nobility, commonly named "league" in English (''chuulga'' in Mongolian). This administrative structure was kept until 1930, when the current structure with smaller aimags, subdivided into sums, was introduced. Inner Mongolia In Inner Mongolia, aimags (in the Inner Mongolian context, usually translated as "league", from ) are a prefecture-level subdivision, first ...
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Alternative Dispute Resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type like mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation. This means that attendance is compulsory, not that settlement must be reached through mediation). Additionally, parties to merger and ...
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Trial Court
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law. In the trial court, evidence and testimony are admitted under the rules of evidence established by applicable procedural law and determinations called ''findings of fact'' are made based on the evidence. The court, presided over by one or more judges, makes ''findings of law'' based upon the applicable law. In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials, the jury acting as trier of fact. In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a bench trial. In the ...
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Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms, among other things. In 1919 the First Austrian Republic established the first dedicated constitutional court, the Constitutional Court of Austria, which however existed in name only until 10 October 1920, when the country's new constitution came into effect, upon which the court gained the power to review the laws of Austria's federal states. The 1920 Constitution of Czechoslovakia, which came into effect on 2 February 1920, was the first to provide for a dedicated court for judicial review of parliamentary laws, but the court did not convene until November 1921. The organization and competences of both courts were influenced by constitutional theories of Hans Kelsen. Subsequently, this idea of having a sepa ...
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Administrative Law
Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), adjudication, or the enforcement of laws. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the Environment (biophysical), environment, taxation, broadcasting, immigration, and transport. Administrative law expanded greatly during the 20th century, twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In civil law ...
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