Adopted on: ۱۳ Jan ۱۹۹۲
We, the people of Mongolia:
- Consolidate and strengthen the independence and sovereignty of our country,
-Respecting human rights, freedom, justice, and national unity,
- Cherish and inherit our customs, history, and cultural traditions,
-Respecting the achievements of human civilization,
- The goal will be to build and develop a humane, civil, democratic society in our country.
That is why the Constitution of Mongolia is being proclaimed nationwide.
Article 1
1. Mongolia is an independent, sovereign, and republican state.
2. Democracy, justice, freedom, equality, ensuring national unity, and the rule of law are the basic principles of state activity.
Article 2
1. Mongolia is politically unified.
2. The territory of Mongolia is divided only into administrative units.
Article 3
1. All rights of government in Mongolia are vested in the people. The people of Mongolia shall directly participate in state affairs and exercise this right through their elected representative bodies.
2. Illegally taking or attempting to take state power is prohibited.
Article 4
1. The territorial integrity and inviolability of the state borders of Mongolia are inviolable.
2. The borders of Mongolia will be strengthened by law.
3. It is prohibited to station foreign military forces in the territory of Mongolia or to allow them to pass through the state border without the enactment of a law.
Article 5
1. Mongolia has a diversified economy that is consistent with the general trend of global economic development and the unique characteristics of its country.
2. The State shall recognize any form of public or private property and protect the rights of owners by law.
3. The rights of the owner may be restricted only on grounds specified by law.
4. The state shall regulate the economy in accordance with the goals of ensuring national economic security and the social development of all sectors of the economy and the population.
5. Livestock is a national asset and is under state protection.
Article 6
1. In Mongolia, the land, its subsoil, forests, water, animals, plants, and other natural resources are under the exclusive control of the people and under the protection of the state.
2. Land, as well as subsoil, its resources, forests, water resources, and wildlife, other than those owned by citizens of Mongolia, are public property of the state.
The state policy for the use of natural resources is based on a long-term development policy, aimed at ensuring the right of every citizen of the present and future generations to live in a healthy and safe environment, and at concentrating the benefits of subsoil resources in the National Resources Fund for equitable and fair distribution.
Citizens have the right to know about the environmental impact of using subsoil resources, as part of their right to live in a healthy and safe environment.
When exploiting mineral deposits of strategic importance, the law shall establish the legal basis for the majority of the benefits to accrue to the people, in accordance with the principle that natural resources belong to the people.
/This section was amended by the amendments to the Constitution of Mongolia adopted on November 14, 2019./
3. Land other than pastures, public lands, and lands for special state needs may be owned only by Mongolian citizens. This does not apply to the ownership of subsoil. Citizens are prohibited from transferring their private land to foreign citizens or stateless persons by selling, trading, gifting, or mortgaging it, as well as from transferring it to others without the permission of a state authority.
4. The state may impose obligations on landowners related to their land, exchange or reclaim land with compensation based on special state needs, and seize the land if it is used contrary to the interests of public health, environmental protection, or national security.
5. The state may allow foreign citizens, legal entities, and stateless persons to use land for a fee, for a period of time, or under other conditions and procedures specified by law.
Article 7
1. The historical and cultural monuments, scientific and intellectual heritage of the Mongolian people are under state protection.
2. Intellectual property created by citizens is the property of the author and the national treasure of Mongolia.
Article 8
1. Mongolian is the official language of the state.
2. The provisions of paragraph 1 of this article shall not affect the right of national minorities of the population with a different language to study, communicate, and engage in cultural, artistic, and scientific activities in their native language.
Article 9
1. In Mongolia, the state respects religion, and religion respects the state.
2. State institutions and religious institutions may not engage in political activities.
3. The relationship between the state and churches shall be regulated by law.
Article 10
1. Mongolia will pursue a foreign policy that values peace, adhering to the universally recognized norms and principles of international law.
2. Mongolia will faithfully fulfill its obligations under international treaties.
3. Once the law on ratification or accession of an international treaty of Mongolia enters into force, it shall have the same effect as domestic legislation.
4. Mongolia will not abide by international treaties and other documents that are contrary to its Constitution.
Article 11
1. It is the duty of the state to protect the independence of the motherland and ensure national security and social order.
2. Mongolia shall have armed forces for self-defense. The structure and organization of the armed forces, as well as the procedures for serving in them, shall be determined by law.
Article 12
1. The symbols of the independence and sovereignty of Mongolia are the State Emblem, Flag, Seal, and Anthem.
2. The national emblem, flag, banner, and anthem represent the historical traditions, aspirations, unity, justice, and spirit of the Mongolian people.
3. The national emblem has a pure white lotus flower base, with an endlessly expanding pattern of life, and a blue background symbolizing the eternal sky. In the center of the emblem, a golden soyombo and a jeweled circle are depicted, representing the independence, sovereignty, and spirit of Mongolia. In the upper part of the emblem, a wish-fulfilling gem symbolizing the past, present, and future is depicted, and in the lower part, a green mountain pattern representing the homeland and a wheel representing the auspiciousness of progress are depicted. The circle is respectfully woven with stones.
4. The traditional Great White Flag of the unified Mongolian state is a symbol of state honor for Mongolia.
5. The national flag of Mongolia is a combination of red, blue, and red. The middle part, one-third of the size of the flag, is blue, the eternal sky, and its two sides are red, symbolizing the rising sun. A golden soyombo is placed in the center of the red field on the lower side of the flag. The width and length of the flag are in the ratio of 1:2.
6. The state seal shall be square in shape, with the state emblem in the center, the inscription "Mongolia" on both sides of the emblem, and a handle with the image of a lion. The state seal shall be held by the President of Mongolia.
7. The rules for respectful use of the state emblem, as well as the words and melody of the national anthem, shall be established by law.
Article 13
1. The city where the highest state institutions of Mongolia are permanently located is called the capital of the state. The capital of Mongolia is Ulaanbaatar.
2. The legal basis of the capital city of Mongolia shall be established by law.
CHAPTER TWO
HUMAN RIGHTS AND FREEDOMS
Article 14
1. Everyone legally residing in Mongolia is equal before the law and the courts.
2. No person shall be discriminated against on the basis of race, ethnicity, language, color, age, sex, social origin, status, wealth, occupation, position, religion, views, or education. Every person is a legal person.
Article 15
1. Mongolian citizenship and the grounds and procedures for acquiring and renouncing citizenship shall be determined solely by law.
2. It is prohibited to deprive a citizen of Mongolia of his/her citizenship, expel him/her from his/her country, or extradite him/her to another country.
Article 16
Citizens of Mongolia are guaranteed the following fundamental rights and freedoms:
1/ The right to life. It is strictly prohibited to take human life, except for cases where the maximum penalty has been imposed by a valid court decision for the commission of a particularly serious crime specified in the Criminal Code of Mongolia;
2/ The right to live in a healthy and safe environment and to be protected from environmental pollution and loss of natural balance;
3/ The right to acquire, possess, own and inherit movable and immovable property fairly. Illegal confiscation and expropriation of private property is prohibited. If the State or its authorized bodies expropriate private property based on essential social needs, they shall pay compensation and compensation;
4/ The right to free choice of occupation, to favorable working conditions, to remuneration, to rest, and to private enterprise. No one shall be subjected to forced labor without due process;
5/ have the right to receive material and financial assistance in cases of old age, loss of working capacity, childbirth, care, and other cases specified by law;
6/ The right to have their health protected and to receive medical care. The conditions and procedures for providing free medical care to citizens shall be established by law;
7/ The right to education. The state shall provide free general education for all. Citizens may establish and operate private schools that meet the requirements set by the state;
8/ The right to engage in cultural, artistic, and scientific activities, to create works, and to benefit from them. The rights of authors, new works, and discoveries shall be protected by law;
9/ have the right to participate in the governance of the state, directly or through representative bodies. have the right to elect and be elected to state bodies. The right to vote shall be exercised from the age of eighteen. The age for election shall be determined by law, taking into account the requirements for the relevant state bodies and positions;
10/The right to establish parties and other public organizations and to voluntarily join unions for the sake of social and personal interests and views. All parties and other public organizations shall maintain social and state security and respect the law. Discrimination and repression of a person on the grounds of membership in any party or other public organization or as a member thereof is prohibited. Party membership of certain categories of state employees may be suspended;
11/Men and women have equal rights in political, economic, socio-cultural life, and family relations. Marriage is based on the equal rights and voluntary relationship between a man and a woman of legal age. The state shall protect the interests of the family, motherhood, and children;
12/The right to submit applications and complaints to state organizations and officials for resolution. State organizations and officials are obliged to resolve citizens' applications and complaints in accordance with the law;
13/ The right to be inviolable and free. It is prohibited to arbitrarily search, arrest, detain, prosecute, or restrict the freedom of anyone outside the grounds and procedures provided for by law. No one may be subjected to torture, inhuman or cruel treatment, or humiliation of dignity. The reason and grounds for the arrest shall be notified to the arrested person, his family, and his lawyers within the time specified by law. The inviolability of the private and family life, correspondence, and home of citizens shall be protected by law;
14/If one believes that one's rights and freedoms as stipulated in the laws of Mongolia and international treaties have been violated, one has the right to file a complaint with the court to protect one's rights, to obtain compensation for damages caused illegally by others, to refrain from testifying against oneself or one's family members, parents, or children, to defend oneself, to receive legal assistance, to have evidence examined, to have one's case tried in a fair trial, to participate in court proceedings in person, to appeal a court decision, and to seek forgiveness. It is prohibited to demand that one testify against oneself, to exert pressure to make a statement, or to use force. No one may be considered guilty of a crime until proven guilty in a court of law. It is prohibited to use the punishment of a guilty person against his or her family members or relatives;
15/Freedom to practice or not to practice religion;
16/Freedom of belief, freedom of expression, speech, publication, peaceful demonstration and assembly. The procedures for demonstrations and assemblies shall be determined by law;
17/ The right to seek and receive information on matters not covered by the state or its organizations that are specifically protected by law. The secrets of the state, organizations, and individuals that cannot be disclosed for the purpose of protecting human rights, honor, and reputation, defending the state, national security, and ensuring social order shall be protected by law;
18/ The right to freedom of movement within the territory of the country, to choose temporary or permanent residence, to travel abroad, to reside abroad, and to return to the country. The right to travel abroad and reside abroad may be restricted only by law in the interests of national security and the protection of public order.
Article 17
1. Citizens of Mongolia shall honor justice and humanity and faithfully fulfill the following basic duties:
1/ Respect and uphold the Constitution and other laws;
2/respect for human dignity, honor, rights, and legitimate interests;
3/pay taxes imposed by law;
4/Defend your country and perform military service according to the law.
2. It is the moral duty of every citizen to work, protect their health, raise their children, and protect the environment.
Article 18
1. The rights and obligations of foreign citizens in the territory of Mongolia shall be determined by the laws of Mongolia and agreements concluded with the country to which the citizen belongs.
2. When determining the rights and obligations of foreign citizens through international agreements, Mongolia shall adhere to the principle of reciprocity with the country of which the citizen is a citizen.
3. Mongolia shall establish the rights and obligations of stateless persons within its territory by its own law.
4. Foreign citizens and stateless persons who are persecuted for their opinions, political opinions, or other activities may be granted asylum in Mongolia upon a well-founded request.
5. In exercising the fundamental rights and freedoms of Mongolian citizens stipulated in Article 16 of the Constitution by foreign citizens and stateless persons within the territory of the country, appropriate restrictions may be established by law in order to ensure national and population security and protect social order, with respect to rights other than the inalienable rights of man stipulated in international treaties to which Mongolia is a party.
Article 19
1. The state shall be responsible to its citizens for creating economic, social, legal and other guarantees that ensure human rights and freedoms, combating violations of human rights and freedoms, and restoring violated rights.
2. In the event of a state of emergency or martial law, human rights and freedoms stipulated in the Constitution and other laws may be restricted only by law. Such restrictions shall not affect the right to life, freedom of belief, religion or belief, as well as the provisions of the law prohibiting torture, inhuman and cruel treatment of anyone.
3. When exercising human rights and freedoms, one must not harm national security, the rights and freedoms of other people, or distort social order.
Article 20 1 .
/This item was added by amendments to the Constitution of Mongolia adopted on November 14, 2019./
1. The party shall be established in accordance with Article 16, Clause 10 of the Constitution and shall work to promote national policies.
2. A party shall be established by a coalition of at least one percent of the eligible voters of Mongolia.
/This section shall be effective from January 1, 2028./
3. The internal organization of the party shall be in accordance with democratic principles, and the sources of funds and income and expenditure shall be transparent to the public. The organization, operating procedures, financing, and conditions for financial support from the state shall be determined by law.
CHAPTER THREE
GOVERNMENTAL INSTITUTIONS OF MONGOLIA
ONE. Mongolian State Great Khural
Article twenty.
The State Great Khural of Mongolia is the highest authority of the state, and legislative power is reserved exclusively for the State Great Khural.
Article twenty-one.
1. The State Great Khural shall consist of one chamber and one hundred and twenty-six members. Elections to the State Great Khural shall be held under a mixed electoral system. Seventy-eight members of the State Great Khural shall be elected by majority vote and forty-eight members by proportional representation.
/This section was amended by the amendments to the Constitution of Mongolia adopted on May 31, 2023./
2. Members of the State Great Khural shall be elected by the citizens of Mongolia entitled to vote on the basis of universal, free and direct suffrage by secret ballot for a term of four years.
3. A citizen of Mongolia who has reached the age of twenty-five and is eligible to vote shall be elected as a member of the State Great Khural.
4. The procedure for elections to the State Great Khural shall be established by law. It is prohibited to adopt, amend or amend the Law on Elections to the State Great Khural within one year prior to the holding of regular elections to the State Great Khural.
/This section was amended by the amendments to the Constitution of Mongolia adopted on November 14, 2019./
Article twenty-two.
1. If it is impossible to hold regular elections due to extraordinary circumstances, such as a sudden threat to the entire territory of the country or a part thereof, war, or public disorder, the State Great Khural shall exercise its full powers until such circumstances are eliminated and the newly elected members are sworn in.
2. If at least two-thirds of all members consider that the State Great Khural is unable to exercise its full powers, or if the President, in consultation with the Speaker of the State Great Khural, proposes to do so for the same reason, the State Great Khural may decide to dissolve itself by a vote of at least two-thirds of all members.
/This section was added by the amendments and supplements to the Constitution of Mongolia adopted on December 24, 1999, which were repealed by the Constitutional Court Resolution No. 02 of 2000. The same section was added by the amendments and supplements to the Constitution of Mongolia adopted on December 14, 2000. The same section was revised by the amendments and supplements to the Constitution of Mongolia adopted on November 14, 2019./
3. If the State Great Khural has not appointed the Prime Minister within forty-five days from the date of the first submission of the proposal to the State Great Khural to the President for the appointment of the Prime Minister in accordance with Article 39, Part 2 of the Constitution, or within thirty days from the date of dismissal of the Prime Minister in accordance with Article 43, Part 1 of the Constitution, or from the date of consideration of the Prime Minister's resignation in accordance with Article 44, Part 2, of the Constitution, the President shall decide to dissolve the State Great Khural.
/This section was added by amendments to the Constitution of Mongolia adopted on November 14, 2019./
4. The State Great Khural shall call and announce elections within ten days after the decision is made in accordance with paragraphs 2 or 3 of this Article and shall hold them within sixty days. The State Great Khural shall retain its full powers until the newly elected members take the oath.
/This section was added by amendments to the Constitution of Mongolia adopted on November 14, 2019./
Article twenty-three.
1. A member of the State Great Khural is a representative of the people and shall uphold the interests of all citizens and the state.
2. The term of office of a member of the State Great Khural begins with the oath to the State Emblem and ends with the oath of office of the newly elected members at the next State Great Khural election.
Article twenty-four.
1. The Chairman and Deputy Chairman of the State Great Khural shall be elected by open ballot from among the members of the State Great Khural. A Deputy Chairman of the State Great Khural shall be elected from each party or coalition group formed as a result of the State Great Khural election.
/This section was amended by the amendments and supplements to the Constitution of Mongolia adopted on December 24, 1999, repealed by Resolution No. 02 of the Constitutional Court of November 29, 2000, and amended by the amendments and supplements to the Constitution of Mongolia adopted on December 14, 2000/
2. The term of office of the Speaker and Deputy Speaker of the State Great Khural shall be four years and may be dismissed or dismissed before the end of their term on the grounds specified in the law.
Article twenty-five.
1. The State Great Khural may initiate and discuss any issue of state domestic or foreign policy, and shall reserve the following issues for its exclusive jurisdiction:
1/to approve, amend, and amend laws;
2/determine the foundations of the state's domestic and foreign policy;
3/ Schedule and announce the elections of the President, the State Great Khural, and its members;
4/ Establish and change the structure and composition of the Standing Committee of the State Great Khural, the Government, and other organizations that report directly to the State Great Khural as prescribed by law;
5/ To enact laws recognizing the President as elected and to remove or dismiss him/her from office;
6/The Prime Minister, as prescribed by law, shall appoint, change, and dismiss the members of other organizations that are directly responsible for and report to the State Great Khural;
/This provision was amended by the amendments and supplements to the Constitution of Mongolia adopted on November 14, 2019./
7/ to determine the main directions of state finance, credit, tax, monetary policy, and national economic and social development policies, and to approve the Government's action program, state budget, and its performance report, which are prepared in accordance with development and national security policies;
Development policies and planning are stable.
When discussing and approving the state budget, the structure of budget revenues and expenditures may be changed. In doing so, the amount of budget expenditures or deficits submitted by the Government may not be increased.
The powers, organization, and operating procedures of the organization that independently implements state finance and budget control shall be established by law;
/This provision was amended by the amendments to the Constitution of Mongolia adopted on November 14, 2019./
8/ to review the implementation of laws and other decisions of the State Great Khural;
9/determining state borders;
10/Establish the structure, composition and powers of the National Security Council of Mongolia;
11/Approval and amendment of the administrative and territorial schedule of Mongolia upon submission by the Government;
12/establish the legal basis for the system, organization, and operations of local self-government and administrative bodies;
13/establish state titles, orders, medals, and high military ranks, and establish ranks for certain special branches of the civil service;
14/to make a decision to grant clemency;
15/ Ratify or terminate international treaties of Mongolia, establish or terminate diplomatic relations with foreign countries upon submission by the Government;
16/ Conducting a referendum. Mongolia will not tolerate any attempt to deny its independence and territorial integrity and will not conduct a referendum for the same purpose; A referendum in which a majority of eligible voters participate shall be considered valid and an issue that receives a majority vote shall be considered resolved;
/A second sentence was added to this provision by amendments to the Constitution of Mongolia adopted on November 14, 2019./
17/Declare and terminate a state of war if another country threatens or attacks the independence and sovereignty of Mongolia;
18/Declaring a state of emergency or martial law in the entire territory of the country or in certain parts thereof, or approving or annulling a presidential decree issued in this regard, in exceptional circumstances specified in paragraphs 2 and 3 of this article.
2. A state of emergency may be declared in the event of the following exceptional circumstances to eliminate their consequences and restore normal life to the population and society:
1/ a natural disaster or other sudden danger has occurred that has directly or potentially threatened the life, health, livelihood, or public safety of the population residing in the entire territory of the country or in some parts thereof;
2/ Public disorder caused by illegal activities involving the use of force by any organization or group of individuals that threaten the existence of constitutional order and the legal system of society, and that state institutions are no longer able to control through normal means within their powers.
3. A state of war may be declared when public disorder has arisen in the entire territory of the State or in some parts thereof, when armed conflict has broken out, when there is a real threat of such a conflict, when there is an attack by military force from another State, or when such an attack has become a reality.
4. Other powers, organization, and operating procedures of the State Great Khural shall be determined by law.
Article twenty-six.
1. The President, members of the State Great Khural, and the Government shall have the right to initiate laws, and the scope and limits of this right shall be determined by law.
/This section was amended by the amendments to the Constitution of Mongolia adopted on November 14, 2019./
2. Citizens and other organizations shall submit their comments on the draft law to the initiator of the law.
3. The laws of Mongolia shall be officially published by the State Great Khural and, unless otherwise provided in the law, shall enter into force ten days after such publication.
Article twenty-seven.
1. The State Great Khural shall exercise its powers through sessions and other organizational forms.
2. The regular session of the State Great Khural shall convene once every six months for no less than seventy-five working days.
/This section was amended by the amendments and additions to the Constitution of Mongolia adopted on December 24, 1999, which were repealed by the Constitutional Court's Resolution No. 02 of 2000. The same section was amended by the amendments and additions to the Constitution of Mongolia adopted on December 14, 2000. The same section was amended by the amendments and additions to the Constitution of Mongolia adopted on November 14, 2019./
3. An extraordinary session may be convened at the request of more than one-third of the members of the State Great Khural, or at the initiative of the President or the Speaker of the State Great Khural.
4. The first session of the State Great Khural shall be convened by the President within thirty days of the date of the election, and other sessions shall be convened by the Speaker of the State Great Khural.
5. If the President declares a state of emergency or martial law, the State Great Khural shall convene an extraordinary session without a special appointment within seventy-two hours.
6. The joint session of the State Great Khural and the Standing Committee shall be considered valid if a majority of the members are present, and unless otherwise provided for in the Constitution, issues shall be resolved by a majority vote of the members present at the session.
Unless otherwise provided in the Constitution, laws shall be finally approved by a majority vote of all members of the State Great Khural.
/This section was amended by the amendments and supplements to the Constitution of Mongolia adopted on December 24, 1999, which were repealed by the Constitutional Court Resolution No. 02 of 2000. The section was also amended by the amendments and supplements to the Constitution of Mongolia adopted on December 14, 2000. The section was also amended by the amendments and supplements to the Constitution of Mongolia adopted on November 14, 2019./
7. The members of the State Great Khural shall vote openly and decide the issue. If provided for in the Constitution, other laws, or if supported by a majority of the members present at the meeting, a secret ballot shall be held.
/This section was added by amendments to the Constitution of Mongolia adopted on November 14, 2019./
Article twenty-eight.
1. The State Great Khural shall have Standing Committees in the appropriate sectors and areas of its activities.
2. If at least one-quarter of all members of the State Great Khural propose the establishment of an ad hoc committee to review specific issues affecting public interests related to ensuring the implementation of the law, the State Great Khural shall establish such a committee, including representatives of minorities.
The powers, organization, and operating procedures of standing and other committees shall be determined by law.
/This section was amended by the amendments to the Constitution of Mongolia adopted on November 14, 2019./
Article twenty-nine.
1. A member of the State Great Khural shall receive a salary from the state budget during his/her term of office. A member of the State Great Khural may not hold any other job or position outside his/her duties as prescribed by law, except for the Prime Minister and a member of the Government.
/This section was amended by the amendments and supplements to the Constitution of Mongolia adopted on December 24, 1999, repealed by Resolution No. 02 of the Constitutional Court of November 29, 2000, and amended by the amendments and supplements to the Constitution of Mongolia adopted on December 14, 2000/
2. The immunity of members of the State Great Khural shall be protected by law.
Z. If a member of the State Great Khural violates the Constitution by violating the oath taken in the exercise of his or her powers, this shall be grounds for his or her removal from the State Great Khural. The issue of a member of the State Great Khural being involved in a crime shall be discussed at a session of the State Great Khural and a decision shall be made as to whether or not to suspend his or her powers. If a court determines that a member has committed a crime, the State Great Khural shall remove him or her from the membership.
/The first sentence was added to this section by amendments to the Constitution of Mongolia adopted on November 14, 2019./
TWO. The President of Mongolia
Article thirty.
1. The President of Mongolia is the head of state and the representative of the unity of the Mongolian people.
2. A native citizen of Mongolia who has reached the age of fifty, has resided permanently in the country for at least the past five years, and is elected as President only once for a six-year term.
/This section was amended by the amendments to the Constitution of Mongolia adopted on November 14, 2019./
Article thirty-one.
1. The presidential election is in two stages.
2. Each party with seats in the State Great Khural shall, individually or jointly, nominate one candidate for President.
3. In the primary elections, eligible citizens of Mongolia shall participate in general, free and direct elections and cast their votes for the presidential candidate in secret.
4. The State Great Khural shall consider the candidate who received the majority of votes of all voters participating in the presidential primary election as elected President and shall enact a law recognizing his/her full powers.
5. If none of the presidential candidates receives a majority of the votes of the voters, the two candidates who received the most votes from all voters participating in the first ballot shall be put to a second ballot. The candidate who receives a majority of the votes from all voters participating in the second ballot shall be deemed elected President and shall be enacted by the State Great Khural, recognizing his full powers.
6. If none of the presidential candidates receives such a majority of the votes in the second round of voting, a new election shall be held.
- /This section was repealed by the amendments to the Constitution of Mongolia adopted on November 14, 2019./
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