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MONGOLIA
Ulsyn Ikh Khural (State Great Hural) PARLIAMENTARY OVERSIGHT

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Parliament name (generic / translated) Ulsyn Ikh Khural / State Great Hural
Structure of parliament Unicameral
POLITICAL SYSTEM
Type of political regime parliamentary
Notes The President is the Head of State and the embodiment of the unity of the people (Article 30 of the Constitution).
Head of the executive Prime Minister
Notes The Government is the highest executive body of the State (Article 38 of the Constitution). It comprises the Prime Minister and other members.
Method for appointing the executive The parliament appoints a Prime Minister, members of the Government, and other bodies responsible and accountable to it (Article 25.6 of the Constitution). The Prime Minister is nominated by the political party that won most seats in the elections. If no party has a majority of seats, the President proposes to the parliament the candidature for the appointment to the post of Prime Minister in consultation with the majority party or parties (Article 33.2 of the Constitution). In consultation with the President, the Prime Minister then submits his or her proposals on the structure and composition of the Government to the parliament. The latter considers the candidatures one by one and takes decision on their appointment.

Presidential elections are conducted in two stages (Article 31.1 of the Constitution). The political parties in the parliament nominate the presidential candidates individually or collectively, one candidate for each party or coalition of parties. Citizens eligible to vote participate in electing the President on the basis of universal, free, and direct suffrage by secret ballot. The parliament considers the candidate who has obtained a majority of all votes cast as elected President and passes a law recognizing his or her mandate.
Term of office of the executive and coincidence with the term of the legislature The terms of the mandate of the parliament, the Government and the President coincide and last four years. The President can be re-elected only once.
Incompatibility of the functions of member of the executive and member of Parliament No Members of the parliament can become ministers.
Dissolution of Parliament Yes
  • Circumstances
 The parliament can be dissolved before the end of its term in three circumstances, (i) if it decides its self-termination, (ii) if the President so advises, and (iii) if the parliament cannot decide upon the appointment of a Prime Minister.
  • Modalities
 The parliament may decide on its dissolution if no less than two thirds of its members consider that it is unable to carry out its mandate, or if the President, in consultation with the chairman of the parliament, proposes to do so for the same reason. In case of such a decision, the parliament exercises its powers until the newly elected members of the parliament are sworn in. If the parliament cannot decide upon the appointment of the Prime Minister within 45 days of his nomination by the political party, it must self-terminate its term, or the President may decide on its termination. Between 1990 and 2000, no dissolution of the parliament occurred.
ACCOUNTABILITY
Accountability of Government to Parliament Yes The Prime Minister leads the Government and is responsible to the parliament for the implementation of State laws (Article 41 of the Constitution). The Government is collectively accountable for its work to the parliament. The President is also responsible to the parliament (Article 35 of the Constitution).
Modalities of oversight
  • Oral and written questions of parliamentarians
 Government accountability to the parliament is brought into play by putting oral or written questions to ministers. Usually, parliamentarians specify a deadline for responding to the questions themselves. If a member who has put a question to the Government deems it necessary, he or she may introduce his or her question and its response to an appropriate Committee. This Committee may discuss the issue and take certain actions or may bring the issue to the plenary session. In the latter case, a resolution by the parliament may be issued.
  • Government reports to Parliament
 Government accountability to the parliament is brought into play by the annual discussion of the implementation of the governmental program and vote thereon. In addition, the State controlling Commission, the national statistical office and the central bank directly report to the parliament. The implementation of the development plan is discussed by the parliament every fall session upon submission of a governmental report.
Measures
  • Vote of confidence on Government programs and/or legislative proposals
 If the Government submits a draft resolution requesting a vote of confidence, the parliament considers the matter and makes a final decision within 15 days (Article 44 of the Constitution).
Motions of censure and votes of no confidence (sub-report)
  • Circumstances
 The Prime Minister may tender his resignation to the parliament before the expiry of his terms of office if he considers that the Government is unable to exercise its powers (Article 43 of the Constitution).
  • Modalites
 The parliament considers the matter and makes a final decision within 15 days of taking initiative to dissolve the Government or receiving the President's proposal or the Prime Minister's statement of resignation. The parliament also considers and takes such a decision if not less than one fourth of its members formally propose the dissolution of the Government.
  • Consequences
 The Government steps down in its entirety upon the resignation of the Prime Minister or if half of the members of the Government resign at the same time. In fall 1991, when the parliament still knew a bicameral structure, the issue of a motion of censure was raised and successfully adopted.
Dismissal and/or impeachment of Government and other public officials (sub-report)
  • Circumstances and persons concerned
 Officials appointed by the parliament can be dismissed, and all senior officials, including the President, the Prime Minister or other ministers, can be impeached. Also, if a question arises that a parliamentarian is involved in a crime, his or her mandate can be terminated (Article 29.3 of the Constitution).
  • Modalites and procedure
 In case of a violation of the Constitution or abuse of power in breach of his oath, the President may be removed from his post on the basis of the findings of the constitutional Court by an overwhelming majority of parliamentarians present and voting (Article 35 of the Constitution). If a parliamentarian is involved in a crime, it is considered by the session of the parliament to decide on the suspension of his or her mandate.
  • Consequences
 If the court proves the member in question to be guilty of crime, the parliament terminates his or her membership. Over the last eleven years (1990-2000), no impeachment or dismissal procedure was initiated.
  • Have these procedures been applied?
OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
Oversight over the actions of the Government administration Yes The Government is collectively accountable for its work to the parliament.
Means and modalities of oversight
  • Hearings in Committees
 The parliament exercises oversight over the actions of the administration by holding hearings in Committees.
  • Committees of inquiry and missions to Government departments
 The parliament exercises oversight over the actions of the administration through Committees of inquiry and missions to governmental departments.
  • Oral and written questions of parliamentarians
 The parliament exercises oversight over the actions of the administration by putting oral or written questions to ministers. Usually, parliamentarians specify a deadline for responding in the questions themselves. If a member who has put a question to the Government deems necessary, he may introduce his question and a response to it to an appropriate Committee. The Committee may discuss the issue and take certain actions or may bring the issue to the plenary session. In the latter case, a resolution by the parliament may be issued. Every Friday afternoon between 16h40 and 18h00, about 1h20 are set aside for questions to governmental ministers. Question time is broadcasted directly on national radio.
  • Role of Parliament in the appointment of senior Government officials
 The parliament appoints three members of the constitutional Court, the Head of the human rights Commission, the President of the central bank, the chairman of the State controlling Commission and other bodies. The parliament is also consulted before the appointment of the prosecutor general and ambassadors. Before the appointment of Justices to the Supreme Court, the President introduces the candidates to the Committee on legal affairs of the parliament.
  • Activity reports of the Government administration and of public services or establishments
 The State controlling Commission, the national statistical office and the central bank report on their activities directly to the parliament.
  • Representation of Parliament in governing bodies of the Government administration
Not applicable
Existence of an ombudsman No
  • Method for appointing the executive
 Not applicable
  • Relationship to Parliament
Not applicable
BUDGETARY OVERSIGHT
Consultation of Parliament in the preparation of the national budget No Not applicable
Modalities of oversight
  • Examination of the budget / finance act by Parliament
 The parliament defines the State's financial, credit, tax, and monetary policies, lays down the guidelines for the country's economic and social development and approves the State budget (Article 25.7 of the Constitution)
  • Reports on the budget / finance act by Committees
 The parliament exercises budgetary oversight through reports of the Finance Committee.
Fields overseen
  • Defence budget
 The parliament exercises oversight over all public funds.
  • Budget of special departments
 not applicable
  • Role of Parliament in national development plans
 Each new parliament enacts a program of its government, which is a development plan for the next four years. The implementation of this program is discussed by the parliament every fall session upon submission of a governmental report. Besides, each year the parliament approves guidelines of economic and social development and discusses their implementation.
Parliament's deadline for the examination and adoption of the budget / finance act The bill of finance act must be submitted to the parliament by 1 October of each year. The parliament has exactly two months to discuss and enact it. The finance act should thus be approved by 1 December.
Consequences of failure by Parliament to adopt the budget / finance act No specific provisions are set forth in the law for such a case.
Budgetary autonomy of Parliament Yes The autonomous budget of the parliament includes the budget for its secretariat, too. In practice, it is administrated by the secretariat, with the Secretary General being responsible for its due spending. The secretariat reports directly to the Chairman of the parliament.
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
Evaluation of Government spending
Parliament approves Government expenditures annually Yes The parliament approves the Government's program of action, the budget and the report on its execution (Article 25.7 of the Constitution).
Parliamentary oversight of public companies No Not applicable
Modalities of oversight
  • Body for auditing the Government's books and method for appointing
 The State controlling Commission is responsible for auditing the Government's books. Its Head is appointed by the parliament.
  • Reports of the public auditor's office
 The Commission is obliged to report to the parliament, but the law does not specify the total number of reports except for its annual business report. The Commission may thus submit an issue to discuss whenever it deems necessary. If the Commission presents an issue to the parliament for consideration, it is discussed by the relevant Committee. If the Committee votes on the matter, it may issue a resolution or give an oral assessment or even bring it to the plenary hearing, after which a resolution of the parliament may be issued.
  • Specialised committee
 The parliament exercises oversight over public spending through the sub-Committee on controlling over budget expenditures. The sub-Committee is always headed by a member of a minority party.
OVERSIGHT OVER FOREIGN POLICY
Foreign Relations Committee (sub-report)
  • Functions of the Committee
 The parliament exercises oversight over foreign policy through the Foreign Relations Committee.
  • Powers of the Committee
 Not available
  • Composition of the Committee
 The Committee is not representative of the numerical strength of each party in the parliament.
  • Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
 The parliament exercises oversight over foreign policy through bilateral visits and participation in inter-parliamentary conferences.
  • Plenary debates on foreign policy issues
 not applicable
Involvement of Parliament
  • Participation of Parliament in inter-governmental meetings
 The parliament can take the initiative to send parliamentary delegations to intergovernmental meetings.
  • Modalities and procedures for ratifying international treaties and agreements (sub-report)
 The President represents the State in foreign relations and, in consultation with the parliament, concludes international treaties on behalf of the State (Article 33.4 of the Constitution). The Government exercises the power to conclude and implement international treaties with the consent of and subsequent ratification by the parliament, as well as to conclude and abrogate intergovernmental treaties. The parliament thus ratifies and denounces international agreements and establishes and severs diplomatic relations with foreign States at the suggestion of the Government (Article 25.15 of the Constitution).
  • Other mechanisms for participation in foreign policy by Parliament
No other means in addition to the above.
OVERSIGHT OVER NATIONAL DEFENCE POLICY
National Defence Committee (sub-report)
  • Functions of the Committee
 The parliament exercises oversight over defence policy through the National Defence Committee.
  • Powers of the Committee
 Not available
  • Composition of the Committee
 The Committee is not representative of the numerical strength of each party in the parliament.
Parliamentary oversight of public arms manufacturing companies Not applicable
Circumstances and involvement
  • Modalities and procedures in case of war, an armed attack or a state of emergency
 The parliament declares a state of war in case the sovereignty and independence of the State are threatened by armed actions on the part of a foreign power, and abates it (Article 25.17 of the Constitution), and declares a state of emergency or a state of war in the whole or some parts of the country in special circumstances (Article 25.18 of the Constitution). However, the President declares a state of emergency or a state of war on the whole or a part of the territory and orders the deployment of armed forces when extraordinary circumstances arise and the parliament concurrently in recess, cannot be summoned at short notice (Article 33.12 of the Constitution). The parliament considers within 7 days the presidential decree declaring a state of emergency or a state of war and approves or disapproves it. If the parliament does not take decision on the matter, the presidential decree becomes null and void.
  • Role of Parliament in sending troops abroad
 Not applicable
  • Other mechanisms for participation in national defence policy by Parliament
 The general State policy on national defence is specified in the concept of national security and principles of the military policy, which are enacted by the parliament. Reports of the defence Ministry are regularly heard during question hours and on Committee meetings. Besides, the parliament has a sub-Committee on special oversight that oversees some intelligence related to departments of the Ministry of defence and their activities.
STATE OF EMERGENCY
Circumstances The parliament declares a state of war in case the sovereignty and independence of the State are threatened by armed actions on the part of a foreign power, and abates it (Article 25.17 of the Constitution), and declares a state of emergency or a state of war in the whole or some parts of the country in special circumstances and approves or nullifies the President's decree to that effect (Article 25.18 of the Constitution). Extraordinary circumstances arise in case (i) natural disasters or other unforeseen dangers occur which threaten or may threaten directly the life, health, well-being and security of the population in the whole or a part of the country's territory, or (ii) public authorities are not able to cope, within legal limits, with public disorders caused by organized, violent, illegal actions of an organisation or a group of people threatening the constitutional order and the existence of the legitimate social system. The parliament may also declare a state of war if public disorders in the whole or a part of the country's territory result in an armed conflict or create a real threat of an armed conflict, or if there is an armed aggression or a real threat of such an aggression from the outside.
Can parliament take the initiative to declare a state of emergency Yes
Consequences of a state of emergency for Parliament The parliament continues functioning normally. However, if an emergency occurs while the parliament is in recess and the circumstances require quick reaction, the President may declare a state of emergency. In such cases, the parliament should convene in extraordinary session and ratify or denounce the President's decision. Also, if regular parliamentary elections cannot be held due to extraordinary circumstances such as sudden calamities occurring in whole or part of the country, the parliament retains its power until the extraordinary circumstances cease to exist and the newly elected parliamentarians are sworn in (Article 22 of the Constitution).
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
Modalities of oversight
  • Body ruling on the constitutionality of laws
A specialised body / constitutional Court The Constitutional Court is an organ exercising supreme supervision over the implementation of the Constitution, making judgement on the violation of its provisions, and resolving constitutional disputes (Article 64 of the Constitution). The Court and its members, in the execution of their duties, are subject to the Constitution only and are independent of any organisations, officials, or anybody else. The Constitutional Court consists of nine members, appointed by the parliament for a term of six years upon the nomination of three of them by the parliament, three by the President, and the remaining three by the Supreme Court. The Chairman of the Court is elected from among its members for a term of three years by a majority vote of the members. He or she may be re-elected once.
  • Means and procedures
 The Constitutional Court examines and settles constitutional disputes at the request of the parliament, the President, the Prime Minister, the Supreme Court, and the Prosecutor General, or on its own initiative on the basis of petitions and information received from citizens (Article 66 of the Constitution). The Court issues judgements to the parliament on (i) the constitutionality of laws, decrees, and other decisions by the parliament and the President, as well as government decisions and international treaties, (ii) the constitutionality of referendums and decisions of the central election authority on the elections of the parliament and its members as well as on presidential elections, (iii) the breach of law by the President, the Chairman and members of the parliament, the Prime Minister, members of the Government, the Chief Justice and the Prosecutor General, and (iv) the well-foundedness of the grounds for the removal of the President, the Chairman of the parliament, and the Prime Minister and for the recall of members of the parliament.

If a decision submitted is not acceptable to the parliament, the Constitutional Court re-examines it and issues final judgement. If the Court decides that the laws, decrees, and other decisions of the parliament and the President as well as government decisions and international treaties are incongruous with the Constitution, those laws, decrees, instruments of ratification, and decisions in question are considered invalid. Decisions of the Constitutional Court immediately enter into force.
Evaluation of laws No The legal advisers of the legal department of the parliament secretariat partly do such work. They analyse all bills and policy documents submitted to the parliament by the Government and by parliamentarians and provide legal and policy recommendations on their consistency with State policy and existing laws.
Measures

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