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LAW OF MONGOLIA

PUBLIC HEARING LAW

 
8th of July 2015                                                                                        Ulaanbaatar city
 
 
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose of the Law
1.1. Purpose of this Law is to conduct public hearing by state organizations and officials on matters stated by this Law and ensure civil participation in state control. 
Article 2. Public hearing legislation 
2.1. Public hearing legislation shall consist of Constitution of Mongolia, this Law and and other laws adopted in compliance with them.
Article 3. General principles
3.1. To conduct public hearing, one shall obey the principles of democracy, justice, participation equality of all parties, civil right to know, freedom of speech and efficiency.
Article 4. Scope of the Law
4.1. Following person shall comply with this law to conduct public hearing:
4.1.1. persons with power of initiating legislation; 
4.1.2. state organizations and officials;
4.1.3. local self-governing and administrative organizations.
4.2. Public hearing shall be conducted before the adoption of following discussions and decisions:
4.2.1. drafting of legislation and administrative normative act;
4.2.2. matters involving public interest stipulated in this law;
4.2.3. monitoring the implementation of legislation and administrative normative acts;
4.2.4. approving taxation legislation, budget, and monitoring of budget  income and spending;
4.2.5. appointment of an official at State Great Khural.
4.3. To conduct hearing on matters other than stipulated in article 4.2 of this Law, principles and rules of this law shall also be applied. 
Article 5. Definitions
5.1. The following terms shall be understood as follows:
5.1.1. “public hearing” /hereinafter referred to as “hearing”/ means to receive comments and information from state organizations and officials, natural and legal persons, and professional experts before approving legislation and administrative normative act, monitoring state organization, local self-governing and administrative bodies, moreover assessing implementation of legislations and administrative normative acts and making decisions on matters involving public interests;
5.1.2. “hearing chairperson” means an official elected or appointed to chair the particular hearing;
5.1.3. “professional association” means non-governmental organization formed by citizens united by profession and in line with public interest.
 
 
CHAPTER TWO
HEARING TYPES, GROUNDS FOR ORGANIZING HEARINGS 
Article 6. Hearing, Hearing types and forms 
6.1. Any decision making process shall be separate from hearing process. 
6.2. Hearing shall have following types:
6.2.1. legislative [hearing];
6.2.2. general monitoring [hearing];
6.2.3.budget monitoring [hearing];
6.2.4. appoinment [hearing];
6.2.5. [hearing on] aadministrative normative act and planning;
6.2.6. on-site [hearing].
6.3. Hearing shall be conducted in open and closed form. It is prohibited to conduct a hearing in closed form unless it is related to personal, organizational and state secret or to ensure the national security. 
6.4. Hearings referred to in article 6.2.5 of this Law shall be conducted before approval of administrative normative acts and administrative decisions affecting public interests. Detailed grounds and rules of conducting these hearings shall be regulated by rules set forth in article 18.7 of this Law and other relevant laws.  
Article 7. Hearing on a draft legislation
7.1. Legislative initiator shall conduct hearing on draft legislation when drafting laws and other decisions of State Great Khural in the following circumstances: 
7.1.1. matters related to restricting human rights, freedom, legal person’s rights and legitimate interests;
7.1.2. decisions related to economic, social and environmental problems directly connected with public interests.
7.2. If a hearing on the draft legislation is going to be conducted, it shall be decided by vote of one-third of all members of the Standing Committee. 
7.3. Request of a natural or legal person to conduct a hearing on the draft legislation shall be submitted to the standing or sub committee which is in charge of the matter. 
7.4. Organizing public discussion on the issue during the drafting stage of legislation by legislative initiator shall not be grounds not to conduct a hearing.
Article 8. General monitoring hearing
8.1. State Great Khural shall conduct general monitoring hearing to oversee and assess the operations of organizations which have functions to implement laws and other decisions of State Great Khural and actions of its commanding officials. Local self-governing organizations shall conduct general monitoring hearing to oversee and assess the operations of organizations which have functions to implement the administrative normative acts in the particular territory and actions of its commanding officials.  
8.2. State Great Khural’s general monitoring hearing shall be mandatory in the following circumstances: 
8.2.1. by request of the President of Mongolia;
8.2.2. by request of more than one-fourth of State Great Khural members;
8.2.3. by request of majority of all members of the standing committee;
8.2.4. by request submitted by natural and legal person whose rights and legitimate interests haven been affected, and accepted by the standing or sub- committee through its discussion;
8.2.5. [the circumstance] referred to in Article 8.5.
8.3. A local self-governing body shall conduct general monitoring hearing in the following circumstances mandatorily:
8.3.1. by request of at least one-quarter of all representatives of the Citizens' Representative Khural;
8.3.2. by request submitted by natural and legal persons whose rights and legitimate interests haven been affected, and accepted by the presidium of the  Citizens' Representative Khural through its discussion.
 8.4. A request to conduct general monitoring hearing submitted by natural and legal person shall meet the following requirements:
8.4.1. requirements set forth in article 10 of Law on Resolving Applications and Complaints against State Organizations and Officials;
8.4.2. specifically state about the rights and legitimate interests that have been affected, and grounds and requirements to conduct the hearing.
8.5. To assess implementation of legislations and administrative normative acts, general monitoring hearings shall be conducted regularly. Initial hearing shall be conducted within 24-30 months after coming into effect of the particular legislation and administrative normative act and next hearings shall be conducted more than once in every five years.
8.6. The general monitoring hearing shall not be conducted again on the same particular issue within one year from the date of hearing. 
8.7. If the general monitoring hearing is conducted on human rights issues, an opinion by National Commission on Human Rights may be issued.
8.8. Natural and legal person shall submit their request to conduct general monitoring hearing to organizations referred to in article 8.1 of this Law.
Article 9. Budget monitoring hearing
9.1. State Great Khural shall conduct a hearing on matters related to budget income and expense in the following circumstances:
9.1.1. by request of subcommittee of budget expense monitoring;
9.1.2. by request of more than one-fourth of State Great Khural members.
9.2. If a budget monitoring hearing is going to be conducted, state audit organization shall issue an opinion. 
9.3. Government, state administrative central authorities, and local self governing and administrative bodies shall conduct the budget monitoring hearing every year on the following matters: 
9.3.1. budget of state, local, social security and Human Development Fund;
9.3.2. regional development fund budget;
9.3.3. governmental special fund budget;
9.3.4. governmental and local bonds and other financial instruments;
9.3.5. governmental and local, domestic and foreign loans and grants;
9.3.6. Governmental and local guarantees and other decisions that may create public debt.
Article 10. Appointment hearing
10.1. Appoinment hearing shall be conducted by request of more than one-fourth of State Great Khural members in relation to appointment of an official from State Great Khural.  
Article 11. Onsite hearing
11.1. State Great Khural and Government may conduct onsite hearing on certain matters at the site related to that matter.
11.2. Hearing referred to in article 11.1 of this Law shall be conducted in the following circumstances: 
11.2.1. by request of the particular local Citizens' Representative Khural;
11.2.2. by decision of the standing committee which is in charge of the particular issue. 
 
CHAPTER THREE
PARTICIPANTS OF THE HEARING, THEIR RIGHTS AND DUTIES 
Article 12. Participants of the hearing
12.1. Natural and legal persons who submitted a request, experts and observers shall be considered as participants. 
12.2. Three or more, or several persons with same interests requested to conduct a hearing on the same matter, up to three persons shall represent them by their vote during the hearing. 
12.3. Legal status of the observer shall be determined by the rules set forth in article 18.7 of this Law. 
Article 13. Participation of proffesional associations and non-governmental organizations 
13.1. Proffesional associations and non-governmental organizations with expertise on the particular issue must be called into the hearing. 
13.2. Matters in relation to participation of proffesional associations and non-governmental organizations shall be regulated by rules set forth in article 18.7 of this Law. 
Article 14. Legal capability of the participant 
14.1. Natural and legal persons and organizations without legal status that must attend the hearing shall have entitlement to participate in the hearing.
14.2. Civil legal capability of the participant shall be determined as stated in articles 18.1, 18.2 and 18.3 of Law on Procedure for Administrative Cases.
Article 15. Rights and duties of the participant
15.1. Participants of the hearing shall have the following common rights:
15.1.1. state explanations, comments and opinions in accordance with this law;
15.1.2. familiarize himself with the hearing minutes and decisions that are made;
15.1.3. exercise the rights specified in other applicable laws in accordance with this law.
15.2. Participants of the hearing shall have the following common duties:
15.2.1. appear at the hearing as called by the hearing organizer;
15.2.2. follow orders and procedures of the hearing;
15.2.3. fulfill the legitimate demands of the organizer and the chairperson of the hearing;
15.2.4. have his statement of explanations, comments and opinions factual. 
Article 16. Hearing organizer and its rights and duties 
16.1. Hearings of the State Great Khural shall be organized by standing, sub and temporary committees in charge of the matter. Hearings of local self-governing bodies shall be organized by offices of its presidiums. Hearings of the Government shall be organized by cabinet secretariat of the Government. Hearings to be conducted by other organizations shall be organized by their respective offices and equivalents. 
16.2. Hearing organizer shall have duties to ensure the preparation for the hearing is satisfied and organize the hearing in accordance with the relevant legislations.  
Article 17. Chairperson of the hearing and his rights and duties 
17.1. The chairperson of the hearing shall have duties to organize the hearing in accordance with the relevant legislations, establish the matters factually and from all aspects,  collect and evaluate the important evidence of the hearing, create conditions for participants to exercise their rights and enforce the order of the hearing.
17.2. Election and appointment of the chairperson of the hearing shall be regulated by the rules set forth in article 18.7 of this Law. 
 
 
CHAPTER FOUR
COMMON PROCDURES FOR HEARING
Article 18. Common procedures for hearing
18.1. Participants shall not ask questions from the chairperson and other participants. 
18.2. Comments, requests and information that have been received in writing on the matters of the hearing may be read and introduced at the hearing and recorded into the hearing minutes. 
18.3. Person under influence of either alcohol, narcotic drugs or psychotropic substances shall not be allowed to participate in the hearing. 
18.4. Media representatives must be present at the open hearings.
18.5. Majority of the members of the standing, sub and temporary committee which is in charge of the matter shall attend the hearing referred to in article 7 of this Law and hearings conducted by State Great Khural on general monitoring, budget monitoring and the appointment. Hearings organized without meeting this requirement shall be disqualified. 
18.6. If an official did not submit an explanation on the hearing issues, or did not appear without any reasonable excuse at the hearing conducted by State Great Khural, it shall be considered as contempt of State Great Khural and the official shall be held accountable in accordance with law.  
18.7. Detailed procedural rules on draft legislation, general monitoring, budget monitoring, and appointment hearings shall be approved by the State Great Khural in accordance with this Law and Law on Legislations. Detailed procedural rules on hearings on administrative normative acts shall be approved by the Government in accordance with this Law and General Administrative Law. 
18.8. Procedural rules stipulated in article 18.7 of this Law shall also have detailed regulations on relations with respect to submitting requests to conduct a hearing, processing of the request, informing and announcing the date of the hearing, participants, the process of organizing, registration, minutes of the hearing, hearing attendance, stages of the hearing, the appointment of the chairperson, his rights and duties and order of the hearing.
Article 19. Minutes of the hearing
19.1. Minutes of the hearing shall include the date and place that the hearing was organized, starting and ending time, surname, father’s name, name and address of the chairperson of the hearing and the participants,  hearing attendance, whether if the rights and obligations were explained to the participant, and evaluation of the participant’s explanations and evidence. 
19.2. Minutes of the hearing shall be available within 3 days from the date of the hearing ended and signed by the chairperson of the hearing.
19.3. Minutes of the hearing shall be open except for the minutes of the closed hearing and shall be placed on the official website of the organization.
Article 20. Date of hearing
20.1. Hearing organizer shall set the date of hearing. 
20.2. If necessary, a hearing may be conducted on non-working day.
20.3. Hearing organizer shall announce the public hearing date in the following period:
20.3.1. regarding the hearing on legislation, before the first discussion of the Standing Committee meeting; 
20.3.2. regarding the general monitoring, budget and appointment hearing, within a week after it was discussed and the date was established  by the competent authority; 
20.3.3. regarding the hearing on administrative normative acts, in accordance with period set forth in the relevant law. 
20.4. If the hearing must be postponed after establishing a date for the hearing, new date of the hearing shall be announced through the media it was announced before.
20.5. Nonappearance of an official without a reasonable excuse at the hearing shall not be the reason to postpone the hearing. 
Article 21. Announcing the date of hearing
21.1. The date of the hearing shall be announced by public television, radio and organizer's website with frequency and tools stated in the rule referred to in article 18.7 of this Law at least 14 days in advance. 
21.2. Notification for a state official shall be delivered by written notice or other attestable means. 
21.3. Onsite hearing shall be announced by local media outlets and placed on bulletin or advertisement boards of the governor’s office of the particular administrative and territorial unit and the cultural and service facilities which are regularly visited by the population. 
21.4. Anouncement of the date of the hearing shall include date, time and place of the hearing, information and grounds of the subject of the hearing and registration period.   
Article 22. Request to attend the hearing and registration of participants 
22.1. Natural or legal person to attend as an observer shall submit the request in compliance with requirements set forth in article 10 of the Law on Resolving Applications and Complaints against State Organizations and Officials to the hearing organizer five or more days in advance of the hearing.
22.2. Number of observers to attend the hearing, expiry of the registration period and procedures on conducting the hearing shall be regulated in detail by rules referred to in article 18.7 of this Law.
Article 23. Participation of experts, interpreters and translators 
23.1. The chairperson of the hearing shall deliver notices to the experts, translators and interpreters.
23.2. Notice must include the following:
23.2.1. the receiving person;
23.2.2. topic of the hearing;
23.2.3. date of the hearing.
23.3. If an expert, a translator or an interpreter did not appear at the hearing without a reasonable excuse, he shall be penalized in accordance with the applicable law.
23.4. If an expert cannot appear at the hearing with a reasonable excuse or the transportation cost that may incur is excessive, expert may submit his opinion in writing.  
Article 24. Postponing the hearing
24.1. If the expert stated the reason, and duration to postpone the hearing and it was recorded in meeting, the chairperson of the hearing may postpone the hearing once on the basis of the grounds of the request.  .
24.2. Postponing duration of the hearing shall not be more than five days depending on its grounds and reasons. 
 
 
CHAPTER FIVE
MISCELLANEOUS 
Article 25. Sanctions for violations of the Law
25.1. Organizer of the hearing shall file a request to penalize natural or legal person who violated public hearing legislation to court along with explanation with sufficient grounds.  
25.2. If public official violated this Law, he shall be penalized according to relevant laws.
Article 26. Coming into effect of this Law
108.1. This Law shall come into effect starting from 1st day of January, 2016.
 
 CHAIRPERSON OF THE 
 STATE GREAT HURAL ENKHBOLD Z.
 
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