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2011-09-01




LEGAL STATUS OF CITIZENS’ REPRESENTATIVES


Draft

LAW OF MONGOLIA
Date: ………… 2011 Ulaanbaatar

LEGAL STATUS OF CITIZENS’ REPRESENTATIVES

CHAPTER ONE
COMMON BACKGROUND

Article 1. Law Purpose
1.1. The purpose of this Law is to regulate the relations pertaining to strengthening the principle of democratic and open judicature, selection of citizens’ representative participating in judicial proceedings for the purpose of creating mechanism of ensuring public control in judicial proceedings, determining legal grounds of citizens’ representative’s activity and their implementation.
Article 2. Legislation on Legal Status of Citizens’ Representatives
2.1. Legislation on legal status of citizens’ representatives consists of the Constitution of Mongolia, Court law, Court administration law, Code of civil procedure, Code of criminal procedure, Code of administrative procedure, this Law and other legislative acts enacted in conformity therewith.
2.2. If an international treaty, to which Mongolia is a State Party, provides otherwise than this Law, the provisions of the former shall prevail.
Article 3. Definitions
3.1. The following term used in this Law shall be interpreted as follows:
3.1.1. “Citizens’ representative” means a Mongolian citizen who meets the eligibility requirements set forth in this Law and participates in judicial proceeding of a criminal, a civil or an administrative case in the courts of first instance with a duty to perform public control and to ensure the independence of judiciary.

CHAPTER TWO
FULL RIGHTS AND QUALIFICATION REQUIREMENTS OF CITIZENS’ REPRESENTATIVE

Article 4. Competence of Citizens’ Representative
4.1. In passing a collective decision on criminal, civil and administrative cases and disputes (hereinafter referred to as “case and dispute), a court of first instance shall allow citizens’ representatives to participate in the proceedings as specified in paragraph 2, Article 52 of the Constitution of Mongolia.
4.2. A citizens’ representatives to courts (hereinafter referred to as “citizens’ representatives”) shall not participate in court hearing of a case to be resolved by a judge solely.
4.3. In participating in the meeting of the courts of first instance for deciding a case or dispute, citizens’ representative shall exercise the following competence:
4.3.1. to make acquaintence with case material and file and to take notes out of them;
4.3.2. to make a request to dismiss a judge, expert, interpreter or court meeting secretary based on the grounds specified in the law;
4.3.3. to participate in conducting analysis of evidences and to make a request for collecting additional evidence documents;
4.3.4. to ask questions from the parties, a third party, their representaives or advocate, witnesses and experts; and
4.3.5. to make conclusion or special opinion concerning evidence, issue of guilt and punishment.
Article 5. Prohibited Activity of Citizens’ Representatives
5.1. The followings are prohibited in the activity of citizens’ representatives during the process of resolving a case or dispute:
5.1.1. to abandon court hearing or to be absent without excuse;
5.1.2. to neglect court hearing procedure;
5.1.3. to support a party to the case evidently;
5.1.4. to meet a party to the case, its advocate or representative;
5.1.5. to collect evidences concerning the case;
5.1.6. to disclose confidential information related to the state, an organization or an individual disclosed to the citizens’ representative based on trust; and
5.1.7. to give information pertaining to the case attended by the citizens’ representative to mass media.
5.2. General Council of Courts shall control implementation of the provisions 5.1.1-5.1.7 of this Law and suspend the person’s right to be elected as a citizens’ representative in case if the above provisions are violated by the citizens’ representative.

Article 6. Eligibility Requirement of Citizens’ Representative
6.1. A citizens’ representative, who participates in resolution of a case or dispute, shall meet the following eligibility requirements according to the provision 4.1 of this Law:
6.1.1. He or she must be a legally eligible citizen of Mongolia and at least 25 years of age;
6.1.2. He or she must be a permanent resident of the territory under jurisdiction of the given court of first instance;
6.1.3. He or she must not be convicted of crime;
6.1.4. He or she must not be involved in criminal, civil or administrative case investigation at the time of being selected or serving as citizens’ representative;
6.1.5. He or she must be able to speak, write and understand Mongolian language freely; and
6.1.6. He or she must not have participated in a court meeting as a citizens’ representative during last one year period.
Article 7. Prohibited Things in Selecting Citizens’ Representatives
7.1. It is prohibited to select a Parliament Member, a Government Member, a justice of Constitutional Court, a judge, a court employee, a prosecutor, an advocate, an inquirer, an inspector, a military serviceman employed at the local territory, an emergency service staff, a governor of aimag, capital city, soum, district, bag and khoroo as citizens’ representative.
7.2. It is prohibited to discriminate on the basis of ethnicity, race, sex, social origin or social status, wealth and education in selecting a citizens’ representative.
Article 8. Independence of Citizens’ Representatives
8.1. Judges, prosecutors, advocates, parties of a case or other person are prohibited from influencing on citizens’ representatives in any form.
8.2. In case if the circumstance specified in the provision 8.1 of this Law is considered to have occurred, a citizens’ representative may make his or her complaint to the organization specified in the provision 21.1 of this Law.
8.3. Office of the given court shall ensure safety of Citizens’ representatives.
8.4. A court staff shall be prohibited from disclosing the name list of citizens’ representatives selected according to the provision 10.1 of this Law.

CHAPTER THREE
SELECTION OF CITIZENS’ REPRESENTATIVES

Article 9. Name List of Citizens’ Representatives
9.1. General Council of Courts shall adopt model rules of selecting citizens’ representatives and a consolidated plan of covering citizens’ representatives in training respectively.
9.2. Office of a local court of first instance shall issue the name list of citizens’ representatives in cooperation with the local government by considering the standard number of citizens’ representatives approved by the General Council of Courts based on the number population of the given local community.
9.3. The name list of citizens’ representatives issued according to the provision 9.2 of this Law shall be effective for a period of one year.
9.4. Office of a local court of first instance shall commence preparation work for reviewing the name list of citizens’ representatives three months before completion of the expiry date specified in the provision 9.3 of this Law.
9.5. Office of a local court of first instance shall verify whether a citizen listed in the name list of citizens’ representatives meets eligibility requirements or not and create database according to the rules adopted by General Council of Courts.
9.6. General Council of Courts shall appoint a working group to verify correctness of data concerning citizens’ representatives and approve the consolidated name list of Citizens’ representatives by its meeting.
9.7. General Council of Courts shall conduct survey, analysis and issue statistical information concerning participation of citizens’ representatives regularly.
Article 10. Selection of Citizens’ Representatives
10.1. Office of court of first instance shall organize the work of selecting citizens’ representatives out of the consolidated name list of citizens’ representatives specified in the provision 9.6 of this Law.
10.2. Office of court of first instance shall make sub-name list of 10-15 people every week out of the approved name list and get it approved by the head of the office by ensuring balance of age and sex of the selected individuals.
10.3. As soon as a date of a court meeting is announced, 3 basic and 2 backup citizens’ representatives, who are included in the sub-name list specified in the provision 10.2 of this Law, shall be allocated to each court meeting.
10.4. The schedule of participation of Citizens’ representatives in court meetings shall be approved by the head of the office of the given court.
10.5. A notice of invitation to participate in a court meeting shall be delivered to the citizen selected as citizens’ representative at least 5 working days before the meeting date.
10.6. In case if a citizens’ representative, who received a notice of invitation to participate in a court meeting, has an excusable reason not to attend the court meeting as specified in the provision 10.10, he or she shall notify the office of the court immediately of his or her situation.
10.7. Office of the court shall deliver a notification to the employer of the selected citizens’ representative.
10.8. An employer specified in the provision 10.7 of this Law shall give a leave to the employee, who is selected to participate in a court meeting as citizens’ representative, and shall be obliged not to hinder in any way.
10.9. It is prohibited to select a citizen, who served as citizens’ representative, again as a citizens’ representative within one year period after completion of such service.
10.10. Any citizen, who refused to participate in a court meeting as citizens’ representative due to any reason other than those excused reasons mentioned below, shall be charged with responsibility according to the legislation:
10.10.1. he or she is not able to participate in a court meeting due to his or her health condition confirmed by a hospital confirmation;
10.10.2. he or she is on a business trip as confirmed by his or her employer;
10.10.3. he or she is taking care of a minor child or other person as confirmed by his or her khoroo governor; and
10.10.4. he or she has other excusable reasons.
10.11. Absence of citizens’ representatives from a court meeting shall be considered as a ground for postponing the court meeting.
Article 11. Permitted grounds of Refusal of Citizens’ Representative
11.1. The permitted grounds for refusal of a citizens’ representative, who is supposed to participate in activity of resolving a case or dispute shall be defined by the Code of criminal procedure, the code of civil procedure and the code of administrative procedure respectively.
Article 12. Measures to be taken in case if citizens’ representative has permitted grounds for refusal
12.1. In case if a citizen selected as citizens’ representative has permitted grounds for his or her refusal to participate in a court meeting, he or she shall notify of such grounds for refusal by filling a special form.
12.2. Model of the special form specified in the provision 21.1 of this Law shall be approved by General Council of Courts.
12.3. Office of a court of first instance in cooperation with General Council of Courts shall organize the work of verifying and confirming the refusal notification form received according to the provision 12.1 of this Law.
12.4. In case if the ground for refusal specified in the provision 12.1 of this Law is justified, a citizen next in the name list shall be selected as a citizens’ representative.
Article 13. Provision Citizens’ Representatives with Information
13.1. Office of a court of first instance shall provide Citizens’ representatives with information concerning their rights, duties, responsibilities and court hearing rules when citizens’ representatives participate in court hearing.
13.2. General Council of Courts shall develop manuals for Citizens’ representatives, print them in sufficient quantity and distribute to the courts and the office of court of first instance shall provide Citizens’ representatives with those manuals.
13.3. Office of a court of first instance shall organize a consolidated training designed for citizens’ representatives selected in the given year.
13.4. General Council of Courts and office of a court of first instance shall organize a work of advocacy of importance of participation as Citizens’ representatives among citizens.

CHAPTER FOUR
PARTICIPATION OF CITIZENS’ REPRESENTATIVE IN JUDICIAL PROCEEDING

Article 14. Citizens’ Representatives Panel
14.1.The citizens’ representatives panel participating in a court meeting for investigating and resolving a case or dispute by first instance rules shall be comprised of 3 citizens’ representatives.
14.2. It is prohibited to include people who are family and relevant to each other into one panel.
14.3. In case if a panel of citizens’ representatives is incomplete, the court hearing shall be postponed.
Article 15. Citizens’ Representatives Acquaintance with Case Materials and File
15.1. Citizens’ representatives shall be entitled to make acquaintance with case materials and file and take notes of them before court meeting according to the legislation related to case or dispute investigation and resolution.
15.2. Office of a court of first instance shall organize the work of introducing citizens’ representatives with case materials and file.
15.3. Citizens’ representatives shall be prohibited from disclosing information in the case materials and file to the public or mass media.
Article 16. Opinion of Citizens’ Representatives
16.1. Citizens’ representatives shall make their collective opinion concerning case evidence, guilt of case parties or judge, punishment and responsibility to be charged to the guilty party.
16.2. Citizens’ representatives shall make their opinion to the deliberation room of judges specified in the provision 16.1 of this Law.
16.3. In the deliberation room, the decision shall be made by the opinion of the majority of the judges and citizens’ representatives.
16.4. Citizens’ representatives shall not be liable for their opinion and conclusion made during a court hearing.
Article 17. Special Opinion of Citizens’ representative
17.1. A citizens’ representative shall be entitled to make a special opinion.
17.2. The special opinion specified in the provision 17.1 of this Law shall be reflected in court decision.

CHAPTER FIVE
WORKING CONDITION AND REMUNERATION OF CITIZENS’ REPRESENTATIVES

Article 18. Registration of Citizens’ Representatives’ Data
18.1. A consolidated database, including name list of citizens’ representatives of the given year, shall be created according to the rules approved by General Council of Courts.
18.2. The data of the database specified in the provision 18.1 of this Law shall be consolidated with the data of the integrated database of General Council and registered in the archive.
Article 19. Providing Citizens’ representatives with Working Conditions
19.1. General Council and office of court of first instance shall take appropriate measures to save time of citizens’ representatives and not to cause any expenses to citizens’ representatives.
19.2. General Council of Courts shall adopt standard of providing citizens’ representatives with working conditions.
19.3. General Council of Courts shall provide office of a court of first instance with equipment and properties required for conducting citizens’ representative’s service activities.
Article 20. Remuneration of Citizens’ Representatives
20.1. Citizens’ representative’s remuneration shall be paid from court budget.
20.2. General Council of Courts and the Government Member in charge of finance shall jointly adopt the rules of allocating remuneration to citizens’ representatives.
Article 21. Right of Citizens’ representatives to make complaint
21.1. Citizens’ representatives shall be entitled to make complaint and information about court activity to General Council of Courts.
21.2. Citizens’ representatives may make complaint and information in the following circumstances:
21.2.1. if a judge made an ethical mistake;
21.2.2. if a court staff made an ethical mistake;
21.2.3. if court hearing rules are violated; and
21.2.4. in case if judges, prosecutors, advocates, parties of a case or other person attempted to influence on citizens’ representatives.
21.3. General Council shall resolve complaints and information received from citizens’ representatives and give its written reply within 30 days.

CHAPTER SIX
RESPONSIBILITY

Article 22. Responsibility to be charged to violators of laws and regulations
22.1. A citizen, who intentionally escaped from participating in court activity due to any reason other then those excusable reasons specified in the provision 10.10 of this Law, shall be charged with penalty in an amount equal to 2 to 5 times the minimum wage of the given citizen.
22.2. An employer, which violated the provision 10.8 of this Law, shall be charged with penalty in an amount equal to 3 to 4 times the minimum wage.

CHAPTER SEVEN
MISCELLANEOUS

Article 23. Effectiveness of Law
23.1.This Law shall become effective commencing from … day of …. 20…

D. DEMBEREL,
CHAIRMAN OF THE STATE GREAT HURAL