Constitution of Mongolia (1992, as amended 2001) (excerpts related to Elections) (English)
Constitution of Mongolia
(excerpts)
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Article 16
The citizens of Mongolia shall be guaranteed to exercise the following rights and
freedoms:
9. The right to participate in State management [public administration] affairs
directly or through the organs of representation. Have the right to elect
and to be elected to the State organs. The right to elect shall be exercised
from the age of eighteen years, and the age qualification for being elected
shall be determined by law, taking into consideration the requirements for
the relevant State organs and official positions concerned.
Article 21
1. The State Great Hural (Parliament) shall have one chamber, and shall be
composed of seventy-six members.
2. Members of the State Great Hural (Parliament) shall be elected by the citizens
who are qualified to vote, on the basis of universal, free, direct suffrage by secret
ballot for a term of four years.
3. Any citizen of Mongolia, who have attained the age of twenty five years and are
qualified to vote, shall be eligible to be elected to the State Great Hural
(Parliament).
4. The rules of procedure for the elections of members to the State Great Hural
(Parliament) shall be prescribed by law.
Article 22
1. If regular elections of the State Great Hural (Parliament) may not be held due to
extraordinary circumstances, such as sudden calamities occurring in the whole
or a part of the country, then the State Great Hural (Parliament) shall retain its
power until such extraordinary circumstances cease to exist, and the newly
elected members of the State Great Hural (Parliament) are sworn in.
2. The State Great Hural (Parliament) may decide on its dissolution if at least two
thirds of its Members consider that the State Great Hural (Parliament) is unable
to carry out its mandate, or if the President, in concurrence with the Speaker of
the State Great Hural (Parliament), proposes to do so for the same reason. In
case of such a decision, the State Great Hural (Parliament) shall exercise its
powers until the newly elected Members of the State Great Hural (Parliament)
are sworn in.
Unless otherwise provided in the Constitution, if the State Great Hural
(Parliament) is not able to discuss and decide the proposal for appointing the
Prime Minister of Mongolia within forty five days, after its submission to the
State Great Hural (Parliament), then either it shall dissolve itself or the
President shall dissolve the State Great Hural (Parliament).
Article 25
1. The State Great Hural (Parliament) may consider at its own initiative any issue
pertaining to domestic and foreign policies of the State, and the following
matters within its exclusive prerogative shall be vested therein and decided
upon:
3. Set forth and announce the date of elections for the Presidency and to the
State Great Hural (Parliament) or its members;
Article 30
1. The President of Mongolia shall be the Head of State and the embodiment of the
unity of Mongolian people.
2. An indigenous citizen of Mongolia, who has attained the age of forty five years
and has permanently resided in his/her motherland for at least five years, shall
be qualified to be elected as the President for a term of four years.
Article 31
1. The Presidential elections shall be held in two stages.
2. The political parties with seats in the State Great Hural (Parliament) shall
nominate either individually or collectively one single candidate each for
Presidency.
3. At the primary stage of the elections, all citizens eligible to vote shall participate
in electing the President on the basis of universal, free and direct suffrage by
secret ballot.
4. The State Great Hural (Parliament) shall consider the candidate who has
obtained a majority of all votes cast in the first vote as elected the President, and
shall promulgate the law recognizing his/her powers.
5. If none of the candidates obtains a majority vote at the first round, then the two
candidates, who have obtained the largest number of votes at the first round,
shall be included for the second vote. The candidate, who obtains a majority of
all votes cast at the second ballot, shall be considered as elected the President,
and the law recognizing his/her mandate powers shall be enacted by the State
Great Hural (Parliament).
6. If neither of the candidates has obtained the majority of votes by the electorate
during such second ballot, then the Presidential elections shall be conducted
again.
7. The President may be re-elected only once.
8. The President shall not concurrently hold the posts of the Prime Minister, or as
member of the State Great Hural (Parliament) or the Government (Cabinet), or
hold any other job or official position, that are not responsibilities determined by
law. If the President is holding another job or official position, then he/she shall
be released from this responsibility effective from the date on which he/she has
sworn the oath.
Article 59
1. The governance of administrative and territorial units of Mongolia shall be
organized on the basis of a twining the principles of both self-governance and
the State management [public administration].
2. Local self-governing organs in aymag, capital city, soum and district shall be the
Hural of Citizen Representatives (Local assembly) in their respective territory,
the General Hural of Citizens (Local meeting) in bagh and horoo, and their
Presidiums during the interval period between the sessions of the Hural of
Citizens’ Representatives (Local assembly) and the General Hural (Local
meeting).
3. The Hural of aymags and the capital city shall be elected for a term of four years.
The number of representatives for these Hural as well as for soum and districts
Hural, and the procedure for their election shall be determined by law.
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