Law and Humanities
Quarterly Reviews
ISSN 2827-9735
Published: 05 January 2025
Legal Receipts and Reforms in Civil Procedure Law of Mongolia
Buyankhishig Bat-Erdene
National University of Mongolia
Download Full-Text Pdf
10.31014/aior.1996.04.01.136
Pages: 1-26
Keywords: Legal Receipts, Legal Reforms, Civil Procedure Law, Mongolia
Abstract
Problem and Purpose: The brief introduction to Mongolian Civil Procedure Law (=CPL) in this article aims to evaluate pros and contras of the main reforms in the CPL since enacting the Constitution of 1992, the Civil Code and the CPL itself in 2002. The researchers held the transition from socialist law system into continental law tradition based on liberalism and social state successfully accomplished. But a fundamental reorganization of the legal system has not reached yet, especially the development of civil procedure rules and principles shows that the structure, style, ideological model and transitional regulations of the previous laws interacted with the new norms, methods and mechanisms of the reform, thereby influencing the formation of a mixed model in the legal environment. Methods: So, the main reforms and the further need for reforms will be discussed here under the spotlight of mixture of those legal methods which are persistent in the CPL of Mongolia from a comparative view to the old system. In comparison to the western countries, Mongolia faces many difficulties in the procedural law field caused by transition and rapid development of the environment. Results: The reform process did not stop at reforming the legal environment, but rather changed the regulatory structures of received norms, which led to a mixed structure that combined old and new in Mongolia. Generally, the judicial reform in Mongolia from 2021 has reached its goals and ended with new definition of Supreme court power. The digitalization of the justice is a continuous process, which arises the problems of digital evidence etc. In order to simplify the judiciary, the inclusion of low-cost case resolution procedure in CPL instead of dunning procedure shows that model procedures or class action models will come to good to the willingness of the Mongolian legislator to reform. Conclusion: Civil procedural law must not remain as resistant to reform as substantive law in order to be in line with new developments of technology and the economy so that participants in economic transactions can exercise their procedural rights in a timely manner. In this regard, new expected reforms are welcome, even institutes from different legal families can be transformed into domestic law, especially since the two major legal families have developed closely together.
References
Amendment to the CPL of January 15th of 2021: https://legalinfo.mn/mn/detail?lawId=16160833883691.
B. Chimid: Knowledge of the Constitution, 2008,
Batzaya B./Peter Yuen: Arbitration of Mongolia, in Mongolian Law review, Special edition on English, 2012 (2)
Buyankhishig B.: “Procedural maxims in German and Mongolian civil procedural law”, FernUniversität Hagen, Germany, 2018
Buyankhishig B.: Are economic freedoms adequately protected by the Constitution? in: Constitution and rule of law – VII, 2016
Buyankhishig B.: Civil Procedure Law of Mongolia, Soyombo Printing Ltd., UB, 2021
Buyankhishig B.: Codification of Mongolian Private Law - Analysis from a comparative law perspective, 2021
Buyankhishig B.: Mongolia's property system is a new model between liberal and socialist property concepts, in: Constitution and rule of law – XII, 2021
Ch. Sainhishig: National Economy and Economic Policy Decision-Making: Is Basic Rules of Economic Policy Necessary in MU? report on the subject, Rule of Law Journal, 2015, issue 1, /56-63
Civil law of Mongolia from 2002, www.legalinfo.mn.
Civil Procedure Law, adopted on January 10, 2002, Journal of State Information, 2002, No.8 Amendment on 2021: https://legalinfo.mn/.
Commentary on the Constitution of Mongolia by the Hans-Seidel Foundation/Academy of Legal Education, 2009
Conclusion of the Constitutional Law of Mongolia: 20.09.2006 No. 9, www.legalinfo.mn.
Conclusion of the Constitutional Law of Mongolia: May 25, 2016 Number 07, www.legalinfo.mn.
Constitution of Mongolia, amended on 14. Dec. 2000 and 1. Nov. 2019, https://www.conscourt.gov.mn.
Constitution of Mongolia, State Information Bulletin, 1992 Nu. 1, amended on 14. Dec. 2000 and 1. Nov. 2019, https://www.conscourt.gov.mn.
Constitutional Law Institute at NUM: Improving constitutional control, Academic conference paper, 2023
CPC of Germany: in Rützel/Wegen/ Wilske: Commercial dispute resolution in Germany, Beck, 2005, page 286.
CPL of Mongolia from January 10, 2002, State Information Bulletin, 2002, No. 8.
Dash-Onolt Dugerjav: Brief commentary to the Law on Arbitration, 2017, page 6; S.Doljin: Mongolian Arbitration Procedure, 2017
G. Banzragch: Commercial administrative law, 2013
German CPC: §296. Rejection of means of attack and defense and objections submitted late, in Rützel/Wegen/ Wilske: Commercial dispute resolution in Germany, Beck, 2005
Hanns-Seidel Foundation in Mongolia: Commentary on Constitution of Mongolia, 2009
Hanns-Seidel Foundation in Mongolia/"Legal Education" academy: Research report upon Needs and requirements of commercial (trade) law in Mongolia, 04/18/2019, https://mongolia.hss.de.
Hefller in Zöller, Commentary to CPC of Germany, 28. Edition, §543, Rn. 11-13.
Hopt, Klaus/Kulms, Reiner/Hein, Jan: Rechtshilfe und Rechtsstaat. Die Yustellung US-Amerikanischen class-action in Deutschland, in: ZZP 2007, S.386.
J.Amarsanaa: “The Law Family and Reflection in Mongolia” in Law Reform and National Legal System in Mongolia, Hans Seidel Stiftung, 2000
Joachim Kaut: Civil Procedure Law of Mongolia, 1st edition, 2015
Joachimski, Civil Procedure Law of Mongolia, 1st edition
Jup Joahimski: Commentary on Mongolian civil procedure law, 2004 Munich, Forword, p.17; Supreme Court of Mongolia: Detailed commentary on Mongolian civil procedure law, 2014, 2d. edition
Jup Joahimski: Kommentar zum Mongolischen Zivilprozessrecht, 2004 Munich, Forword.
Kh.Nyambaatar: “Private Law reform in Mongolia”, in: Mongolia: The Process of Private Law Reform and Its Challenges, International Conference Book, UB 2021, page 21; NUM/School of Law: Problems of Private Law in Mongolia: International Standards of Civil and Commercial Laws, Compendium of International Symposium Papers, 2019, Conclusions
Kh.Nyambaatar: “Private Law reform in Mongolia”, in: Mongolia: The Process of Private Law Reform and Its Challenges, International Conference Book, UB 2021
Khanyk-Pospolitak, Roksolana: Judicial system and civil procedure in Ukraine, in Structures of Civil and Procedural Law in South Eastern European Countries, Berlin, 2008, Band 7, p.75 (81).
Khuyag D.: Basic and pressing legal questions in civil proceedings, 2013
Kurzynsky-Singer, Eugenia: Transformation der Russischen Eigentumsordnung, 2019,
Law of Mongolia on Arbitration, Revised edition of January 26, 2017: https://legalinfo.mn.
Law on Civil Procedure of the Mongolian People's Republic, Compilation, UB City, 1967
Law on Enforcement Proceedings of Mongolia: Revision dated June 9, 2017.
Law on Judiciary: State Information Compilation, 2021, https://legalinfo.mn/mn.
Law Reform and National Legal System in Mongolia, Hans Seidel Stiftung, 2000
N. Bayarmaa "The need to diversify proceedings based on the specifics of civil cases" (2023): https://legaldata.mn/b/1659.; Dorjpagma B./ B. Khongorzul: "Practice, problems, and solutions of small-value civil cases in court" (2021): https://legaldata.mn/b/1502.
Open Society Forum: Analysis of court decisions in Mongolia – Termination of legal disputes in civil procedure, Compilation Nu. 3, 2020
Peter Badura: Staatsrecht -Systematische Erläuterungen des Grundgesetzes, 3.Aufl., Beck 2013
Project Nu.20230912: https://d.parliament.mn/tusul/4fb6ee8e-8c4d-45a6-a746-adcc6f696ed3.
Resolution of the Constitution court dated January 11th, 2006, https://www.conscourt.gov.mn.
S.Doljin: Mongolian Arbitration Procedure, 2017
S.Tserendolgor/ L.Amgalanbaatar: A partial analysis of the consequences of CPL enforcement, in Compilation of research reports of Legal Institute Mongolia, 2023
Saadetiin Gomec: “Importance of the Chingis laws for peoples in the silk road” in proceedings of the International Conference “Silk road: past, present and future”, 2013
State Committee for Law Issues by the Council of Ministers of MPR: CPL of MPR, Compilation, 1967
Supreme Court of Mongolia: Detailed commentary on Mongolian civil procedure law, 2014, 2d. edition
Supreme Court of Mongolia: Detailed Commentary to CPC of Mongolia, 2014
Supreme Court of Mongolia: The Detailed commentary on the CPL, 3rd edition, 2014
The Amendment to the CPL on 15. January of 2021, Art. §172.2.3: “the law was interpreted differently from the official interpretation of the Supreme Court”.
The Amendment to the CPL on 16. June of 2023: www.legalinfo.mn.
The Constitution of Mongolia, State Information, 1992, Nu. 1, amended on 14. Dec. 2000 and 1. Nov. 2019, https://www.conscourt.gov.mn.;
The meeting of the tripartite National Committee for Labor and Social Partnership, on May 4, 2022, the issue of resetting the minimum wage was increased from January 1, 2023, to 3,273 MNT 81 per hour or 550,000 MNT per month: https://mlsp.gov.mn/eng/content/detail/1652.
Tserendolgor, The Concept of Criteria for Filing a Complaint for Review and the Role of the Supreme Court: Becoming Methods for Ensuring Uniform Application of the Law, 2021, page 5, in www.legaldata.mn.
Tsogt.Ts/ Tserendolgor.S: The Role of the Supreme Court in the Judicial System of Mongolia on Appealing Procedures: Ensuring Uniform Application of the Law, The state and Law in Mongolia, 2023 (1), Nu. 103
Ulsbold B.: Public Prosecutor's Office State Security and Public Interests: a Comparative Study, 2020, Part 10, legaldata.mn.
UNDP: The Constitution and the Economy, in: The Role of The Constitution Of Mongolia In Consolidating Democracy: An Analysis, 2015