Mongolia’s Constitution of 1992 with Amendments through 2001

Judicial Independence

Article 49 1. The judges shall be impartial and subject only to law. 2. The President, the Prime Minister, the members of the State Great Hural (Parliament), the members of the Government (Cabinet ministers), or the officials of the State, political parties or other public organizations, citizens or anyone else, shall not interfere with the discharge of judicial duties by the judges. 3. The General Council of Courts (Judicial Service Commission) shall work for the purpose of ensuring the impartiality of judges and independence the judiciary.

Judicial Council or Parallel Institution

Article 49. 4. The General Council of Courts (Judicial Service Commission), without interfering in the judicial proceedings of courts and judges, shall discharge duties such as concerning the selection of judges from exclusively amongst lawyers, protection of their rights, and other matters pertaining to providing the conditions that guarantee the autonomous functioning of judges. 5. The organizational structure and operational rules of procedure for the General Council of Courts (Judicial Service Commission) shall be prescribed by law.

Attorney General’s Office

Article 56 1. Public prosecutors shall exercise supervision over the inquiry and investigation of cases and the execution of punishment, and shall participate in the court proceedings on behalf of the State. 2. The President shall appoint the Prosecutor General and his/her deputies in concurrence with the State Great Hural (Parliament) for a term of six years. 3. The organizational system, structure and a legal basis of the activities for public prosecutor’s office shall be determined by law.