The judiciary of Mongolia is made up of a three-tiered
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 acco ...
system (
first instance
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). Mos ...
,
appellate
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
,
supreme court) divided into three branches (
civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
,
criminal,
administrative cases). For questions of constitutional law there is a separate
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 ...
. 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
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 ...
.
* Inter-soum court ()
** Number: 8; each named after an aimag's
soum.
* First instance court for administrative cases (захиргааны хэргийн анхан шатны шүүх / ЗХАШ шүүх)
** Number: 22; one for Ulaanbaatar and each aimag.
The
Bayan-Ölgii courts of first instance bear alternative
Kazakh names ().
Appellate instance
Appellate court types are:
* Capital city appellate court for civil cases ()
* Capital city appellate court for criminal cases ()
** Number: 1 each.
* Aimag appellate court for civil cases ()
* Aimag appellate court for criminal cases ()
** Number: 8 each; named after the aimags concerned.
* Appellate court for administrative cases ()
** Number: 1.
Supreme Court
The highest court in Mongolia is the
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 Constitution ...
(), established in 1927. There are chambers for civil, criminal and administrative cases. The court hears general appeals from courts of lower instance as well as from the Constitutional Court in matters regarding the protection of law and human rights.
Additional legislation and bodies
Procedure
The courts' procedure is governed by the Law on civil procedure, the Criminal procedure law, the Law on the execution of court decisions, and the Law on administrative procedure.
Court administration
The
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 judi ...
() is to maintain the independence of the judiciary. The status of judges is determined by a separate law. The number of judges for each court is set by parliament.
Alternative dispute resolution
For commercial disputes there is among others the Mongolian International and National Arbitration Center (MINAC; ), established in 1960 at the Mongolian National Chamber of Commerce and Industry (MNCCI). The Law on mediation and conciliation provides for further forms of alternative dispute resolution.
Constitutional court
Mongolia's highest court in constitutional matters is the
Constitutional Court of Mongolia (). It was established in 1992 and has its own procedural law.
References
{{Judiciaries of Asia