Judiciary Of Mongolia
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The judiciary of Mongolia is made up of a three-tiered
court A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...
system ( first instance,
appellate In law, an appeal is the process in which Legal case, 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 cla ...
,
supreme court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
) divided into three branches ( civil,
criminal In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...
, administrative cases). For questions of constitutional law there is a separate constitutional court. Besides there are forms of
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 ...
.


First instance

First instance court types are: * District first instance court for civil cases () * 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 / 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 (), 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 () 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