Historical Outline of Development of Mongolian Law
Dean S. Narangerel
(Law School ,National University of Mongollia )
(A speech delivered at the National Taiwan University in Sept., 2003)
Development of Mongolian Law: Chronology, and main stages
Distinctive character of development of Mongolian law is volatile, and
sometimes failed to keep interrelationship. There was the history that once an
Empire of the World, then decomposed and become dependent from foreign
state, after that strengthened national independence.
Therefore, laws and its institutions in some historical stages have lost its
historical traditions. In contrast, in some states of the world, there are no
classifications such as law after revolution, law after new constitution. However,
Mongolians endured in its history many times prosperity, disorder and
decomposition. These are directly affected to the development of law itself.
The History of development of law in Mongolia can be divided into three main
stages.
First stage. Period of formation of legal system of entire nation of
Mongolians. Mongolian ethnic state established, and traced from this Great
Mongolian State formed and conquered a half of the world under the so-called
law Ikh Zasag. In this period first integrated written code drafted and adopted
Ikh Zasag law of the Chinggis Khaan. Taking tradition of Ikh Zasag law, the
Law of the Yuan Empire became effective in the east part of the territory of
Mongolian Empire.
Second stage. This period is the period of second integration of laws such
as laws of Mongol-Oirat, Khalkh Juram, Mongolian law paper, Statehood
affairs Ministry legal document of Outer Mongolia adopted by the Order,
Mongolian legal document adopted by the Order.
Third stage. Period of formation and development of Modern legal system.
Distinctive character of this period is Mongolians attempted to establish national
and socialist legal system and after that aimed to establish legal system that
meets the transition to industrial capitalism. However in this period nature of
Continental legal system was basically being kept during the development of
socialism and capitalism.
First integration of Mongolian Law
Today no one can deny from the fact that formation of united Mongolian
state that unified Mongolian tribes become influential factor for the history of
the world. Some researchers tried to blacken the period of Chinggis Khaan and
its successors that they were barbarian and destroyed world civilization in a
short period of time.
Many factors affected becoming the world superpower, prosperous during
the Chinggis Khaan and its successors period including formation of strong and
well-thought legal system. For the formation of this system, Ikh Zasag law has
taken major position. Ikh Zasag law was integrated code regulating multisided
social relationships in that period. Validity and effect of this law shows us that in
the ages of Chinggis Khaan and its successors laws were source of superior
legal acts and obeyed by very strictly.
It can be summarized for the following way that Ikh Zasag law’s role in the
development of Mongolian as well as World legal system.
Ikh Zasag law was established kind of management to control family,
organization, state and countries of the world. In this law, it was stipulated that
“who manages his/her own life in a good way, that person can govern the
country; person who is able to control ten thousandth, thousandth, hundredth
and tenth can be given to that person to be governed”. Chinggis Khaan formed
the structure of ten thousandth, thousandth, hundredth and tenth. He gave the
thousandth to the person who is intimate to him and lord of thousandth
appointed lord of hundredth, lord of hundredth lord of tenth so that they control
lower structure. In Ikh Zasag law, it was mentioned “people should be in their
thousandth, hundredth and tenth”, “Lord of thousandth shall instruct the lord of
hundredth, lord of hundredth a lord of tenth”. There were provisions to unify
people’s will directed to protect national interests of Mongolians. For instance,
military lord shall be careful in any circumstances including control and
regulate behavior of the soldiers as well as their horses. Thus modern
management fundament and core of victory of the Empire was reflected into Ikh
Zasag Law. In the Ikh Zasag Law, it was prohibited to transfer common person
from one tenth to another and person breached was punished with the capital
punishment.
It can be said that the idea to respect and develop achievements of the
humankind civilization contained in this law. Some scholars think that after
warship led by Chinggis Khaan and its successors, the economic crisis hadn’t
occurred in the occupied countries. In the Ikh Zasag Law, it stated that countries,
towns and villages that gave up voluntarily should not be destroyed. In all the
countries occupied by Mongolians, development was not interrupted and but
instead prosperity was held. For example, in Sarat, Russia, capital city of
Batkhaan which was big town, there existed wonderful water supply system and
some buildings and manufactories were supplied by this water supply system.
Remains of ferrous tube, brick plant and remains of ceramic goods are witness
of the above-mentioned fact.
Moreover, coins, decorative things, remains of shoes and other crafts are
found at that town. Remains of brick houses are remained in that town.
Mongolian house, which is very convenient to live, were in the Golden Palace
city. This is the fact to nullify that Mongolians were barbarian.
Researchers think that Ikh Zasag Law was written code. Mongolistic
Ryazanovski has written, “Considering views based on the historical writings
done by mainly in XIII-XIV centuries that science were dominated, Ikh Zasag
Law is the written legal memorial that was composed by the Chinggis Khaan
himself.” Ikh Zasag Law is not found in its entirety and original copy as well as
copy from original copy today. Some parts of Ikh Zasag Law is remained today
from the Ancient Arabian, Persian and Armenian historians and writers of
historical book. Even though some researchers and scholars deny that Ikh Zasag
Law was in a written form, this contradicts with the Mongolian, Arabian,
Persian, Russian and Chinese sources. Aforementioned sources prove that
Chinggis Khaan’s Ikh Zasag Law was not only the compilation of oral directive
but was written code. Thus Ikh Zasag Law was not only one of the first written
codes of the humanity but contributed to the ideology to respect laws.
Ikh Zasag law showed ideal model to the humanity to obey law. Looking at
part 26 of the Ikh Zasag Law, the function to supervise particularly over the
implementation of the Ikh Zasag Law was given to his son Tsagaadai who had
cruel character. All Mongolians even Khans and its relatives were heavily
punished if didn’t obey Ikh Zasag Law. In the directive of Chinggis Khaan (oral)
“If someone from my lineage breaches first time Ikh Zasag Law then tell and
advice him; if breaches twice convince him; if breaches third time send him to
the Baljin Hujir. Returning from there, hope he would realize. If he didn’t,
prison him putting in a shackle. Coming from there, it is good if his character
would be gentle and understood. If it isn’t so, decide what to do with him after
gathering and discussing with all the relatives.” Batkhaan once said, “Anyone
who breaches Ikh Zasag Law should be beheaded.” Thus in this way, it is
influenced that to put an strict and stable legal order in the Mongolian society as
well as in occupied countries thanks to the particular attention to the strict
obedience of the law.
There is no meaning to regulate commonly all the occupied countries and
territories derives the content of the Ikh Zasag Law that means it should be
considered as a respect toward civilization, language, economy, lifestyle,
tradition, custom of people of particular country. In other words, it was not
intended to force upon the Mongolian nomadic lifestyle and form over the
sedentary lifestyle countries and people.
It is clearly can be seen from Ikh Zasag Law that right to religion was
respected. It is provided that “All the religions should be respected without
giving preference to one of them”. And there had a provision saying, “four
Heavens (Buddha, Manse, Jesus, Mahomet) shall be respected”. Issue to protect
occupied countries and territories churches and temples was considered and the
rulings of the Kings of Golden Palace (Altan ordnii haad) cited from Ikh Zasag
Law. Pope’s first envoy came to China under the auspices of Mongolian King in
XIII century. First Catholic Church was built in Beijing in 1269. Tax exemption
was granted to the priest of the temples and churches. Another interesting fact is
“it is prohibited to give preference to particular ideology”. It shows that
pluralism was accepted.
Ikh Zasag Law shows that there was attempt to establish a court. And it is
considered that supreme justice power was taken to the Chinggis Khaan.
Chinggis Khaan appointed a State supreme litigious person, which is justice.
Chinggis Khaan appointed his adopted brother Shihihutag as a State supreme
litigious person (justice) saying “prohibit theft, stop falsehood, cause to die that
should be dead, charge that should be charged within the country”. Great King
ordered to Shihihutag “Be eyes to see, ears to listen during governance of the
state under the auspices of Eternal Sky… No one can change the words said by
you”. In addition, it is ordered “Divide properties of all the country, and solve
lawsuits, then publish it in a blue note. No one can change published writings in
a blue on the white decided by Shihihutag consulting with me for ages.” From
the above, in the Chinggis Khaan age, there was attempt to establish foundation
of a judicial precedent law. It seems lords of ten thousandth, thousandth,
hundredth, tenth were conducting trial. The most serious crimes and disputes
were submitted to the King and State Supreme litigious person to be decided.
There are not many documents found today proving how trial was conducted at
that time. There are some provisions on judicial procedure in Yuan Empire
legislation. For instance, there stipulated “Judicial proceedings shall be based on
the request (complaint S.N.) and it shouldn’t be judged when there is no
request”, “person who is accusing someone should prove and if the false
accusation is being made, sentencing claimed should be used against that person.
Settlers entitled to go to court on all the affairs of the courts. They should first
go to the ruler of rural area and it is prohibited to apply to the higher stance ruler
except bureaucrats of that area are being corrupted”. From here we can see that
first instance and appellate instance of the court proceedings were being
established. Law in the Chinggis Khaan era and its successors were mainly
based on the local customary law. It is proven by analyzing the content of the
Ikh Zasag Law. Therefore, court issued its decisions based on the local tradition
and custom.
Local legal tradition was differentiated not only within the Mongolians but
also other occupied countries and territories. Customary norms were basis for
the Ikh Zasag Law. At that time, there followed rule as “if it is not good to
decide in a court proceedings but better to compromise two parties, then judge
should issue order”. In other words, there was initiatives court to assist so that
the everyday life disputes would be compromised. Therefore, Ikh Zasag Law
is the law unified customary norms at that time Mongolian society.
Ikh Zasag Law included norms of the State, administrative, criminal and
civil laws’ nature. However, this classification is made from a point of
classification of modern branch of law. Based on this classification, most of the
norms in the law were criminal law norms.
Some researchers wrote evaluating Ikh Zasag Law’s significance “it can be
valued in a same stance as ancient Roman law’s role to law of settled
civilization, because Ikh Zasag Law first time codified rules of life and habit of
nomadic people under unified administration of Emperor as for the historical
influence to the law of Oriental civilization”.
Second integration of Mongolian Law
Second integration of Mongolian Law is Law of Mongol-Oirat of 1640 and
Khalkh Juram of 1709. These laws legally strengthened social relationships in
the Mongolian society and legally guaranteed this.
Main objective of Law of Mongol-Oirat was on the one hand cease the
decomposition of the Empire and strengthen internal solidarity and order, on the
other hand, protect the nation from foreign invasion. Thus there had not a few
norms tended to improve the defense capacity of the country such as not to
attack each other, to inform another if would be aware of invasion, to come
without delay when being called, prepare an armed soldier within ten
households, to gather at the lords place when the warning sign reaches. If the
above provisions are being breached, the strict punishment imposed on.
Law of Mongol-Oirat didn’t go about the global tendency at that time that
legal norms of the middle ages based on and protected the religious doctrine.
Some researchers think that Buddhism became the state ideology and position
of monks and temples were strengthened.
One of the distinctive characters of this law is, it determined Mongolian
society structure by codifying. According to this law, Mongolians were
classified as aristocrats and common person; higher, middle and lower class
people and slave. Aristocrats were lords, which is classified again as dignitaries
(Khan, prince and nobleman), middle class lords (Governor lords of provinces,
tavnan), lower class lords (lords without chair). These lords were getting
obligation (in the form of product) from their subjects and Governor lords were
getting a portion from tax income. If violation of these lords’ rights taken place,
punishment was very strict. Also governors lower than lords, tavnan, associates,
and person of a good breed were considered as aristocrats. Middle class people
were people with privilege (people who do not have to pay tax). Lower class
people were common person i.e. craftsmen, nomads, peasants. Slaves took the
lowest position in the society and they were mainly war prisoners. Generally
this classification defined legal capacity of them and fixed what rights shall
have them based on the social class structure.
Almost half of the norms of Law of Mongol-Oirat were norms of criminal
law character. Mongolian scholars and researchers have been done pretty much
research on criminal law norms of the law.
In the Law of Mongol-Oirat, there were regulation of administrative, civil,
family law and other branch of laws. For instance, head of the household was
powerful holding the meaning of patriarchy and it was allowed to have multiple
numbers of wives.
Content of the Law of Mongol-Oirat of 1640 has distinctive character from
Chinggis Khaan’s Ikh Zasag Law. For instance, in the Ikh Zasag Law there was
provision saying all the religions shall be equally respected, but in the Law of
Mongol-Oirat, there was provision saying Buddhism is the major religion and
the shamanism was banned. Even though there was capital punishment imposed
only for minor breach of law in the Ikh Zasag Law, but the number of capital
punishment was decreased and mainly imposed fine, making it much softer,
applied according to the Law of Mongol-Oirat. Nonetheless, it is considered that
many provisions of Ikh Zasag Law kept in this law. Some scholars think that
this law was “Mirror of XVII century reflected Mongolia’s reality of all the
aspects at that time”, “second peak in the cultural history of Mongolian nation”.
Khalkh Juram was the unified code that kept the legal tradition that
universally followed from the earlier ages, and regulated multisided social
relationships. Khalkh Juram law is considerably being studied by the scholars
and researchers.
Khalkh Juram was law intended to regulate outer (khalkh mongols)
Mongolians social life. Therefore, this law extraordinary significant for study of
legal tradition and culture of middle ages’ Mongolians and it should be
mentioned that this law was being effective until the beginning of the 20th
century.
Even though Khalkh Juram was intended to regulate Mongolians itself as a
whole, Law of Mongol-Oirat was aimed to regulate interrelationships between
Mongolian tribes. Thus, norms of the state, administrative, civil, family,
criminal law character was stipulated in the Khalkh Juram. Some researchers
see this law as “trying to regulate and reflect all the aspects of the social
relationships compared with the previous laws and clarified types and amount of
punishment”.
Temples, monks was honored as a special person under the Khalkh Juram
law.
Mongolia was under Manchuria colonization for 200 years. “Mongolian
Law paper” adopted in 1789 is the historical legal document reflecting many
years policy implemented toward Outer Mongolia from the Manchurian state.
Next law was “Statehood affairs Ministry legal document of Outer Mongolia
adopted by the Order” and even though this law was comprehensive digest with
63 volumes, this law was in some way based on the legal tradition of Mongolia
reflecting Empire policy.
National Freedom Movement of 1911 held in Mongolia gave opportunity
to partially make nationalistic reform within the legal system. Some researchers
think that there was two stage action taken abolishing manchurian law:
Measures to replace Manchurian government, to establish new judicial system,
to draft new legislation was taken into place during 1911-1915. Measures to
prepare new legislation to submit State Supreme Assembly, and to be adopted
by the Bogd Khaan, to publish and distribute.
Mongolian legal document adopted by the Order is digest of the laws with
65 volumes codified strengthening multisided social relationships at that short
period of being independent thanks to the National Freedom Movement of 1911.
In order to draft this Code, Mongolian legal tradition, legal practices of foreign
countries were being studied. “Even though this law is middle ages law by its
structure and content, it shows statehood and legal culture, sense was in a very
high level at that time reflecting Mongolians life, behavior, tradition’s
distinctive character”. However, this law hasn’t becomen effective because of
loosing Mongolian autonomy.
Development of modern Mongolian law
Western countries legal system was orientation to the Ruler at that time
after the revolution years of 1921. In the decree of the Government on the
“Drafting legislation” of 19 May 1922, “Even though our country has
republican government, the thing that constitution’s provisions haven’t been
decided is an inaccurate part to decide any matters. Thus from now on special
commission should be appointed and analyze right or wrong on the laws
documents planned during previous autonomous government but hadn’t
finalized. The special commission should redraft laws of any judicial issues in
accordance with the policies of the current government considering European
countries’ laws because our country adjudicates foreign people’s disputes”.
From the content of the decree, it can be noted the importance of considering
not only sole country’s law but also many European countries’ laws for drafting
constitution and civil code. In the interpretation of article 14 of the Constitution
of the People’s Republic of Mongolia of 1924, the provision saying “to be at
peace with any foreign country considering situation” draws particular attention.
At that time, scholars noted that constitution of many countries were being
translated and studied. It based on the Constitution of Soviet Socialist Republic
of Russia of 1918 drafted in a “capitalist legal methodology”. It can be seen
from the provisions like “all the government bodies should be under law”,
“Soviet Republic is legal state” of the Constitution.
Drafting process of Mongolian Constitution started from autumn of 1921.
However, during the discussion of the Constitution, there were adopted several
Constitutional character Acts and being followed. For instance, these are
“Pledge Agreement” (Agreement concluded between People’s Government and
Bogd Khaan), “Charter on limitation of rights and power of Governor lords and
Lords without chair of Mongolia” (1922), “Charter on Government
representative” (1922), “Charter on local administration of Mongolia” (1923),
“Charter on administration of Ikh shavi”. Constitution of 1924 greatly
influenced to the implementation of constitutionalism in Mongolia. This
Constitution had character of socialist form of constitution. Under the concept
of socialist law, law was based on the mean of proletarian dictatorship, to
stipulate order in a society, to have class character, unacceptance of private
property, and vanishment of the state and law. This concept became a base to the
Constitution of People’s Republic of Mongolia of 1924. For instance, there were
provisions like “Supreme power of the State shall be kept to the true people”,
“not to establish private property”, “liquidating a title of king, nobleman, an
order of saints as well as power to invade people’s property and intend socialism
and communism”, “to exclude right to elect and be elected of people who live
from exploitation or who hire somebody, moneylender, ex Khan, saints and
monks permanently lives in temples” in this Constitution is the proof of
previously mentioned. This Constitution was beginning of the latter
Constitutions of the development stage of People’s Republic of Mongolia.
Some scholars of our country concluded the significance of this
Constitution as a “document that has historical significance declaring
independent country to the world legally ensuring completely new political
structure, core principles of the law, national democratic transformation, by
abolishing monarchy for the first time in Mongolian state history”.
Very important achievement of this Constitution is issue of declaring and
guaranteeing civil rights and freedom. For instance, according to this
Constitution, freedom of religion, freedom of the press, freedom of
demonstration, freedom of celebration, freedom of association, freedom of free
education, freedom of equal rights without discrimination on origin, religion,
age and sex were being legalized. Thanks to this Constitution, Mongolians who
were universally illiterate become educated and legal environment was taken
place so that man and woman be equal.
After the adoption of the Constitution of 1924, huge work of drafting and
adopting major laws began. From 1926-1929 Civil and Criminal Codes, in 1926
Court Procedure Code were being adopted. Some scholars of our country wrote,
“It is clear that terms and techniques of Continental law family are in some part
being used reflecting concept, principles, structures of the family in those
codes”. It can be mentioned many legal acts that has law status regulating
multisided social relationships such as “Charter on power of State lower
assembly representatives” (1925), “Charter on Presidium of the State lower
assembly” (1925), “Charter on establishing judicial bodies of People’s Republic
of Mongolia” (1926), “Law on separation of state and religious affairs” (1926),
“Charter on Labor force” (1925), “Temporary charter on Hunting” (1926),
“Charter of Cooperatives to improve economy”.
Decision to reform legislation in accordance with the socialist idea made
the country to copy “Soviet socialism model” under the direct pressure of
Comintern in the early of 1930’s because legislation up to 30’s followed
capitalistic character. Scholars calculated that according to this decision, around
300 legal acts such as laws, charters, decrees of Government were “being
drafted reflecting non-capitalistic development agenda” during the 1932-1935.
Stalin who was the strong follower of the ideology of Marxism-Leninism
on Proletarian dictatorship said that “Communist party shouldn’t share power
with any other political party and only one political party should be leader in the
proletarian dictatorship system”, seeing “state is the machine in the hand of
ruling class to repress the struggle of the class enemies” that is saying class
struggle will be critical.
In the history of the socialist legal science, a first conference on the soviet
state and legal science took important position. Organizer and head of this
conference according to the order of Stalin was Director of the State and Law
Institute and Prosecutor General of the SSSR A. Ya. Vishinski. The main agenda
of this conference, which had soviet-wide character, was to justify theoretically
a punitive practice of the dictatorship. Following definition was given to the
Soviet law in the conference document. “Soviet law is aimed to establish
communism, abolishing remains of the capitalism itself and its remains in the
economy, conscience and psychology of the people, as well as protecting,
strengthening, developing useful and needed relations and rules, ensured by the
all the energy of the state force, in addition to sum of behavior rules expressing
will of workers enacted from the labor state”. On this theoretical soil, danger of
universal political repression was being covered over not only SSSR but also
the People’s Republic of Mongolia.
Legislation of 1930’s in the Peoples Republic of Mongolia especially
criminal laws put a legal base of bloody assassination like middle ages ignoring
principles of legitimacy, altruism and justice. In the following way the
characters of that time criminal laws pushed to such situation. It violated
principle of legitimacy calling “people’s enemy”, “counterrevolutionary”,
“saints”, “monks”, “feudal” using grounds of criminal liability based on the
“dangerous behavior of person” even if person didn’t committed crime. For the
belief, and view of the person very harsh punishment were being imposed.
Criminal liability was being imposed to other people (family members)
who are innocent violating principle to impose criminal liability only to the
accused who had committed crime.
There were some provisions against principle of altruism loosing
opportunity to impose sentencing differently by the court by stipulating absolute
definite sanction in the Criminal Code. Court didn’t have power to decide but
just copy in the court decision the punishment in the provisions of the criminal
code. According to the official statistics, 20474 persons had capital punishment,
more than 5000 persons taken into prison for the false political crime during the
detentions, chastise of 1937-1937. It shouldn’t be forgotten the fact that lot of
people’s right to life, to be free, to immunity couldn’t be protected by this
horrible repression.
The Constitution of Republic of Mongolia of 1940 was the socialistic and
class character Constitution. This can be proven from “to develop noncapitalistic way”, “Mongolian People’s Revolutionary party is the main force
for leading all the organs of the country”, to liquidate right to election of “person
who gains profit from other people’s labor, moneylenders, ex saints, higher rank
monks, Governor lords and lords without chair, princes, noblemen who had
subjects, influential shamans, participants who actively involved with white
army and counterrevolutionary activities”.
According to this Constitution, civil rights and freedom expanded
considerably. After enactment of this Constitution, very organized work to make
compatible other legislation to the Constitution was being done. For instance,
Criminal Code (1942), Criminal procedure Code (1949), Civil Code (1949),
Civil procedure Code (1949), Labor law (1941), Law on Forest (1940), Law on
Land (1942), Law on hunting and fishing (1944) were revised and newly
enacted.
From the middle of 1950’s especially after 20th Communist party
Congress of the Soviet Union, new attitude toward law were being formed.
Some scholars criticized the definition given by Vishinski in 1938 on law and
proposed wide concept and definition on it. Flexibility in the political regime,
situation of ideology in the country at that time directly influenced to the law.
Even though this situation influenced to content of the Constitution of 1960,
it still kept socialist character. For instance, it can been proven from the
following provisions: “the People’s Republic of Mongolia is the socialist
country of workers, cooperative people (nomads, farmers), intellectual workers
and its base is alliance of working class and cooperative people”, “Main
principle of the activities and organization of the all the state bodies is
centralized democracy”, “Economic foundation of the People’s Republic of
Mongolia is socialist property of means of economy and production which is
owned by public thanks to abolishing exploitation of one another, liquidating
private ownership of means of production by many years struggle of workers”,
“Objective of the People’s Republic of Mongolia is perfectly establish socialism,
furthermore establish communism”, “Leading force of the state and society of
the People’s Republic of Mongolia is Mongolian People’s Revolutionary Party
the follower of the winner of all Marxist-Leninist theory”. Achievement of the
Constitution of 1960 is it realized and guaranteed the social and economic rights
of the citizen. For instance, it shouldn’t be skipped to be mentioned that right to
labor, gain salary compatible with the volume and quality of work, to get
economic assistance in case of becoming old, sick, loose working capacity or
feeder, right to free education, even right to get stipend during the university or
special training school education. During the years of abiding by Constitutions
of 1924, 1940, and 1960, Mongolians become apart from the hardship of
difficulty to get medical aid, to get shelter, and life guarantee.
But during these years, there were gross violation of human rights and
freedom, to give priority to the state (rulers) interest, therefore because of this
some negative factors to the prosperity of the country occurred.
All Constitutions and laws of the People’s Republic of Mongolia had
socialist style. Class character clearly declared. There were provisions in those
Constitutions mentioning scientific communist ideology is significant to the
country’s life. Only state and cooperative property but not private property was
being recognized as a foundation of economy system of the country.
Formally, it strengthened assemblies as a base of an organizational
structure of the state according to the Mongolian socialist Constitutions. But in
fact, Assembly changed into a political party body and all the power vested to
sole political party.
According to the Constitution of the People’s Republic of Mongolia,
political, socio-economic, personal rights and freedom was being recognized
and strengthened. However, there were no Constitutional mechanism and
guarantee to exercise and ensure these rights.
The Constitution of Mongolia of 1992 is the result of the political situation
during 1980-1990 in our country, desire of, process of the development and
struggle of the people.
The following principles and concepts are being reflected in the
Constitution of Mongolia.
Concept of aspiring toward developing a civil, democratic society is being
clearly reflected. In the preamble of the Constitution, it is stated, “Aspiring
toward the supreme objective of developing a humane, civil, democratic society
in the country”.
Human rights and freedom are being accepted as a highest value. “The
State shall be responsible to the citizens for the creation of economic, social,
legal and other guarantees for ensuring human rights and freedoms, to fight
against violation of human rights and freedoms and to restore infringed rights.”
Sovereignty of and source of the Government of Mongolia shall be people
of Mongolia. “State power shall be vested in the people of Mongolia”.
All the forms of the state and private ownership are being recognized and
are equally protected. “The State recognises all forms of both public and private
property and shall protect the rights of the owner by law.”
State power shall be exercised based on the allocation of the legislative,
executive and judiciary power.
Ideology, pluralism, multiparty system is recognized and any particular
ideology shouldn’t be declared as a state or mandatory ideology.
Universally
recognized
international
law
principles
and
norms,
international treaties of Mongolia shall be part of the Mongolian legal system.
“Adhering to the universally recognised norms and principles of international
law”, “The international treaties to which Mongolia is a party, shall become
effective as domestic legislation upon the entry into force of the laws or on their
ratification or accession.”
Principle of respect of law became the supreme principle of the activities of
the State.” But this doesn’t mean “legal despotism”, but it means following and
respecting laws universally, abide by new legal awareness and legally protect
legalized interest of the person”.
Court shall be subject only to law and it defined principles to be
independent.
Establishing judicial supervision system over the implementation of the
Constitution and it found special Constitutional court.
At present, there adopted many laws toward regulating new social
relationships besides reforming all the old laws, trying to make and revise
legislation in conformity with Constitution in Mongolia.
Legal system of Mongolia is part of the Roman-German legal family.
Therefore, national legal system is divided into public and private law. Besides
this legal system of Mongolia is divided into branch of laws like other countries
that are part of the Roman-German legal system. For instance, Constitutional,
administrative, criminal, civil, international law etc. Some branch of laws for
example, civil and administrative law is divided into sub branch and institutions
of law. Modern world tendency directly influences to the formation of the new
branch, sub branch of law and process of the development of legal system.