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LAW OF MONGOLIA

9 June, 2017 Ulaanbaatar

LAW ON THE ENFORCEMENT OF COURT DECISION

/Renewed/

 

PART ONE

GENERAL RATIONALE

CHAPTER ONE

COMMON GROUNDS

Article 1.Goal of the Law

1.1.The purpose of this law aims at setting forth the rationale and regulatory framework for court decision enforcement operation and regulating affairs pertaining to structure of court decision enforcement agency and legal status of officers of court decision enforcement agency.

Article 2.Legislations on court decision enforcement

2.1.Legislations concerning court decision enforcement shall be made up of the Constitution of Mongolia, Civil Code, Law on Legal Status of Government Agencies, Civil Procedure Code, Criminal Procedure Code, Misdemeanor Law, Misdemeanor Procedure Law, Administrative Procedure Law, Public Service Law, Law on Pension and Allowance for Military Officers, this law, and other relevant legislations made in conformity with them.

2.2.In the event that international treaties that Mongolia is Party to, set forth otherwise, articles and clauses of international treaties shall prevail.

Article 3.Scope of application

3.1.Legally binding and valid court decision enforcement operations in the territory of Mongolia shall be carried out in compliance with rationale and regulations set forth in this law.

Article 4.Principles of court decision enforcement

4.1.Court decision enforcement shall be based on the principles of rule of law, human rights and freedom, respect to legitimate interests of parties, restraining human right and freedom only as stated in the law, timeliness/promptness and efficiency of operations.

Article 5.Legal grounds for court decision enforcement

5.1.Legal grounds of court decision enforcement shall be legally binding court decisions and decisions made by other agencies, if specified by law, and formal decision made by public authorities, which are validated by court.

Article 6.Court decision enforcement operations

6.1.Following operations shall be referred to as court decision enforcement operation:

6.1.1.Operation to enforce court decisions on civil cases (hereinafter referred to as civil decision enforcement operation);

6.1.2.Operation to enforce court decisions on administrative cases (hereinafter referred to as administrative decision enforcement operation);

6.1.3.Operation to enforce court decisions on misdemeanor cases (hereinafter referred to as misdemeanor (or minor offense) decision enforcement operation);

6.1.4.Operation to enforce court decisions on criminal cases (hereinafter referred to as criminal decision enforcement operation);

6.2.Civil decision enforcement operation shall be carried our grounded on the following decisions:

6.2.1.Court decision adjudicating a civil case and a court decision regarding civil plaintiff’s claim in criminal case;

6.2.2.Judge’s order adjudicating civil case through simplified procedures;

6.2.3.Decision of a court of foreign jurisdiction, international court and arbitration awards in case international treaties that Mongolia is Party to, specify;

6.2.4.Order made by commander of military units imposing property related penalties, endorsed by judge, notary deeds and arbitration awards;

6.2.5.Decision made by Council for Compensating Victims of Crime, endorsed by judge;

6.2.6.Order of a judge validating measures for enforcement of a judicial decision;

6.3.Administrative decision enforcement operation shall be carried our grounded on the following decisions:

6.3.1.Court decisions on administrative cases, set forth in Article 12 of Administrative Procedure Code;

6.3.2.Legally binding judge’s order to suspend enactment of administrative act;

6.3.3.Judge’s order and judicial verdict adjudicating administrative case through simplified procedures;

6.3.4.Judge’s order setting judicial costs.

6.4.Misdemeanor decision enforcement operation shall be carried our grounded on the following decisions:

6.4.1.Judge’s order imposing fine;

6.4.2.Decision on seizure of property, income obtained by misdemeanor, objects, vehicles and transportation means used for committing misdemeanor or seizing pecuniary amount equal to prices of these items;

6.4.3.Decision on restitution of damages and compensation;

6.4.4.Court decision on compulsory medical treatment and compulsory training;

6.4.5.Court decision imposing arrest/detention as penalty;

6.4.6.Decision on misdemeanor cases committed by other institutions and officials for the judicial execution notice granted.

6.5.Criminal decision execution operation shall be carried our grounded on the following decisions:

6.5.1.Judicial decision imposing incarceration or non-incarceration penalties;

6.5.2.Court decision imposing compulsory measures as specified in the Criminal Code;

6.5.3.Judge’s order to arrest a suspect and detain accused.

Article 7.Common requirements on the court decision execution operations

7.1.Agency for enforcement of court decision and its officers shall respect human rights and liberty in the course of court decision enforcement process and may set restraints and limitations on exercise of human rights and freedom without discriminating persons by their nationality, origin, language, race, social origin and status, property, occupation, position, religion, sexual and gender orientation, expression, opinions and education.

7.2.In the event that officers of agency for enforcement of court decisions enforce court decision with coercive means, rationale for such action shall be notified to involved persons, shall explain rights and obligations arising out of this matter, and shall express his/her demand for acts clearly giving proper rationale.

7.3.Officers of court decision enforcement agency shall be prohibited from inflicting torture to persons, addressing Inhumane and aggressive ways, defamation of person’s dignity and reputation, use and disclose any confidential information obtained in the course of performing duties.

Article 8.Acts and omissions prohibited in the court decision enforcement operations

8.1.Following acts and omission shall be prohibited in the court decision enforcement operations:

8.1.1.Overuse the power granted by law, or carry out enforcement operation for personal interest;

8.1.2.Avoid from undertaking court decision enforcement operations;

8.1.3.Cease or suspend court decision enforcement operations on his/her own will or illegally;

8.1.4.Carry our court decision enforcement operation on the grounds other than those specified in the law;

8.1.5.Intimidate and compel persons during the court decision enforcement for the personal interests;

8.1.6.Have different attitudes towards people in the course of court decision enforcement operation and give illegal privileges.

Article 9.Obeying the demand insisted by officer of court decision enforcement agency

9.1.Individuals and legal entities shall be obliged to obey legal demand insisted by the officer of court decision enforcement agency.

9.2.Persons and legal entities that fail to obey legal demand insisted by officer of court decision enforcement agency or impeding the court decision enforcement operations carried out according to grounds and regulations set forth by law shall be punishable according to law.

Article 10.Use of information network for ensuring timeliness of court decision execution operation

10.1.In order to ensure timely and prompt operations, digital/electronic information network may be used in the execution of operations set forth in this law.

10.2.Grounded on decisions (documents), appropriately verified, issued using the digital information, stated in Article 10.1 of this law and a reference statement obtained from integrated database of government agencies, used for official purposes, measures set forth in this law may be taken for the purpose of enforcing court decision.

10.3.Central agency for enforcement of court decision shall be liable for ensuring the safety of information network, set forth in Article 10.1 of this law.

Article 11.Agency for court decision enforcement and its officers

11.1.Agency for court decision enforcement shall perform operations to enforce the legally binding judicial decisions.

11.2.In case it is specified in the law, officers authorized by law or organization or official that made the decision shall execute the court decision.

11.3.In the enforcement of certain types of court decisions, equipment and devises of privately owned legal entities may be used on contractual basis.

Article 12.Types of decisions made by enforcement officers (bailiffs)

12.1.Decision made by bailiffs in the process of enforcement of court decision shall have in form of an order.

12.2.Order shall contain and meet the following requirements:

12.2.1.Name and location of court decision enforcement agency;

12.2.2.Title and date of order;

12.2.3.Name, official position and rank of an officer issuing order;

12.2.4.Number of the case for enforcement of court decision;

12.2.5.Legal grounds for issuing the order;

12.2.6.Content of issue/matter that order is issued on;

12.2.7.Period for enforcement of the order;

12.2.8.Procedure and time for appealing against the resolution.

12.3.Order shall be enforced within the period specified in it, or immediately if no period is stipulated.

Article 13.Notes of court decision enforcement operations

13.1.In order to validate the process and outcome of court decision enforcement operations, notes shall be taken.

13.2.Notes shall contain meet the following requirements:

13.2.1.Date and place of note;

13.2.2.Brief content/description of court decision enforcement operation;

13.2.3.Full name, position and rank of bailiff performing operations, full name(s) of participants in the operation, name of the legal entity;

13.2.4.Process and outcomes of court decision execution operation;

12.2.5.Signature of participants to the operation and bailiff.

13.3.In the event that a participant to the operations refuses sign on the note, relevant grounds shall be stated and remarks shall be made separately.

13.4.Certain operations and process and outcomes of coercive measures may be recorded in audio, video and audio-video notes for documenting the operations.

Article 14.Notification sheet on the court decision enforcement operation

14.1.During court decision enforcement operation, bailiff shall summon debtors (payer), creditor (payee), convict and other persons shall be by notification sheet, get necessary documents or present the decision and potential penalties if the decision is breeched.

14.2.Aside from those specified in Article 14.1 of this law, bailiff may issue notification sheet demanding to pay due payment, assigning to perform certain duties or not to undertake any acts the debtors (payer), bailiff shall summon creditor (payee), convict and other persons, and issue termed notification sheet to deduct due payment from debtor’s salary, wages and other incomes.

14.3.Bailiff shall hand over notification sheet by summoning the recipient, and if it is possible to summon, notification shall be delivered either in person or by registered mail.

14.4.If deemed necessary, notification sheet, specified in Article 14.1, may be sent by phone, fax or through mass media.

14.5.Notification sheet shall be handed over to person addressed, followed by getting it signed and record date and time of hand over. Notification sheet addressed to legal entity shall be handed over higher ranking officials or their authorized representative, followed by getting it signed, and record date and time of the hand over.

14.6.In the event that person to whom the notification sheet is addressed, is not present in the residential address or job place, notification sheet shall be handed over to a person over 18 years old that live together with recipient or the Governor of soum, bagh or khoroo, or to administration of the employer, take all notes and get the paper signed.

14.7.In case that recipient refuses to accept the notification sheet, it shall be notified in the sheet and potential binding penalties for failure to perform duties notified shall be explained.

Article 15.Counting time and period for court decision enforcement operation

15.1.Period and time specified in this law shall be counted by minute, hour, working day, day, week, month and year.

15.2.Minute, hour and date from which the period started counting shall not be included in counting of period/time.

15.3.Counting of period/time shall end at the last minute and hour of the last date for the period.

15.4.When the period is counted by days, it shall end at 24:00 hour of the last day.

15.5.When the period is counted by month, it shall end on the same day of the last month of the period. In case that month has no that same day, period shall end at the last day of that month.

15.6.When the period is counted by years, it shall end on the same day of the same month of the following year. In case that the end day coincide on non-work day, next working day shall be considered as the last day of the period.

15.7.Provided that documents related to court decision enforcement operations are delivered to postal and communication service provider within 24 hours after the end of set period, it shall be considered as delivered on time.

Article 16.Consequences of exceeding the set period for court decision execution

16.1.Bailiff exceeding the period set forth by law for enforcement of court decision shall not serve as termination of execution.

16.2.Unless otherwise stated in this law, in case that participants to court decision enforcement operations exceed permitted period to challenge/lodge complaint on decision and activities of the bailiff, the late submitted compliant shall be returned and it shall be considered no compliant lodged.

16.3.In the event that complaint period, set forth in the law, exceeded due to reasonable and respectful causes, upper level agency or officer may receive the complaint and review the acts for redressing.

Article 17.Cooperation between the agency for court decision execution and police

17.1.Within the legally granted powers, police and police officers shall provide assistance to finding persons causing impediments to and avoiding from operations carried out by court decision enforcement agency and its officers and searching their property/assets, and give assistance in case that court decision execution officers encounter threats to their lives and health, and shall exchange information.

17.2.Regulations pertaining to provision of assistance and exchange of information, set forth in Article 17.1 of this law, and cooperation in compliance with Articles 100.7, 162.6, 180.3, 187.2, 189.6, 190.4, 239.5 and 250.1 if this law, respectively, shall be endorsed jointly be Chairs of police and agency for execution of court decision.

PART TWO

CIVIL COURT DECISION ENFORCEMENT

CHAPTER TWO

COMMENCING, MERGER, SUSPENSION AND TERMINATING CIVIL DECISION ENFORCEMENT OPERATION

Article 18.Period to commence civil decision enforcement process

18.1.Unless otherwise stated in the law, no civil civil decision execution process shall commence after expiry of following periods:

18.1.1. 4 years after the decision, stated in Articles 6.1.1 and 6.1.2 of this law, became legally valid;

18.1.2. 3 years after the decision, stated in Article 6.2.3 of this law, became legally valid unless otherwise stated in international treaties that Mongolia is Party to;

18.1.3. 3 years after the decision, stated in Article 6.2.4 and 6.25 of this law, became legally valid;

18.1.4. 2 years after the decision, stated in Article 6.2.6 of this law, became legally valid;

18.2.In case it was determined that creditor exceeded periods stated in Article 18.1 of this law due to reasonable and respectful grounds, creditor may lodge a request for restoration of the period to court, along with evidences, and court may restore the period within 3 years after the set period exceeded.

18.3.In case that exceeded period is restored as specified in Article 18.2 of this law, related person shall address to court within 6 months after the restoration decision is made, requesting issuance of execution order.

18.4.Legally binding court decision related to care taking duties or ruling the debtor to pay payment with certain intervals may be executed throughout the entire period that duty has been imposed.

18.5.In the event that 3 years have elapsed since the period that debtor must perform duties, stated in Article 18.4 of this law, decision enforcement process shall not be commenced.

18.6.Period that debtor escape or abscond from performing duties, insisted by execution order, shall not be counted for the period stipulated in Articles 18.1 and 18.5 of this law. In this case, period shall start anew from the time that debtor or his/her property is found/identified.

18.7.In case that execution document returned to creditor, or civil execution process is suspended, the period, set forth in Articles 18.1 and 18.5 of this law, shall start anew from the time that documents returned or execution suspended.

Article 19.Execution documents

19.1.Execution documents shall include execution order, issued on the grounds of Articles 6.2.1, 6.2.2, 6.2.3 and 6.2.4 of this law, decision, set forth in Articles 6.2.5 and 6.2.6 of this law, and decision on reimbursement of execution costs.

19.2.In the event that execution document are missing or not found, request for re-issuance shall be made to court in accordance with Article 185 of the Civil Procedure Code.

19.3.In cases except those stated in Article 6.2.6 of this law, it is prohibited to carry our civil decision execution without any documents.

Article 20.Content of execution documents and requirements on the content

20.1.Execution documents shall meet the following requirements:

20.1.1.Name of the court, other agencies and officials that issued the execution order, date and number;

20.1.2.Date of decision made by court, other agencies or officials that serve as the grounds for execution documents;

20.1.3.Rationale for issuing execution document;

20.1.4.Name, registration number and office address of creditor- legal entity and debtor-legal entity and full name, residential address, work address, phone number, copy of civil ID and registration number of creditor-individual and debtor-individual.

20.1.5.Amount of payment due to the creditor;

20.1.6.Property, income, property rights from which the payment is collected, and method and rules for execution of decision made by court, other agencies or officials;

20.1.7.Name of person whose legitimate interest is secured and the name of person assigned to enforce the decision made by court, other agencies or officials;

20.1.8.Sealed (frozen) or seized property according to decision made by court, other agencies or officials and their location as the grounds for execution documents;

20.1.9.Judgment section of judicial decision, made by court, other agencies or officials, which serves as the ground for execution document, including amount of payment due to debtor-individual or legal entity, or section assigning to take measures or refrain any measures that meets the interests of creditor- individual or legal entity.

20.2.Execution document must be signed by judge, or other officials issuing it, and stamped.

20.3.In the event that execution document does not satisfy requirements set forth in Article 20.1 of this law, senior bailiff shall make an order to return to issuing court within three days.

20.4.When necessary, bailiff may have access to evidences on the debtor’s property and assets, included in the civil, administrative and criminal case file.

20.5.In the event that bailiff is not possible to satisfy the requirements on the execution document, as set forth in Article 20.1.6 of this law, method and rules for collecting income and property and enforcing judicial decision may be changed with consent from the senior bailiff.

Article 21.Initiating civil decision enforcement operation

21.1.In the absence of grounds stated in Article 20.3 of this law, senior bailiff shall open a civil execution file within three days after receipt of execution document, issue an order to initiate civil decision execution and assign operations to the bailiff responsible for relevant district.

21.2.The order for initiating civil decision execution process shall have attachments, including execution document, documents on assets freeze or seize, documents limiting outgoing transactions from bank account and savings of individuals or legal entities at the amount equal to due debt, reference documents and other necessary papers.

21.3.No complaint shall be lodged to court regarding the legally binding order to initiate civil decision execution.

21.4.After receiving an order to initiate civil execution process, bailiff shall take measures set forth in Article 44 of this law.

Article 22.Jurisdiction of civil decision enforcement operation

22.1.Decision enforcement operation on the debtor-citizens shall be carried out by bailiff from district covering the residence area of debtor or district of the territory where majority of debtor’s property is located.

22.2.Decision enforcement operation on the debtor- legal entity shall be carried out by bailiff from district covering the area where entity operates or district of the territory where the headquarters or majority of debtor’s property is located.

22.3.In the event that residence address of debtor is unknown, bailiff from the district where debtor’s property is present, and in case the location of property is unknown, bailiff from the district where the debtor resided last time shall enforce the decision until the location of property is identified.

22.4.In case that location of the debtor or location of debtor’s property is identified during the process of enforcement as set forth in Article 22.3 of this law, bailiff that started the enforcement may proceed if such act does not impede civil decision execution process.

22.5.Decision assigned to undertake certain acts or omissions shall be enforced by bailiff of the district of residence area of the debtor or by a bailiff of a district with territorial jurisdictions for performing duties stated in the execution documents.

22.6.Decision to indemnify damage for person’s life and health may be enforced by bailiff from the district either of debtor or creditor’s residence area.

22.7.Decision pertaining to several debtors residing in different areas shall be enforced by a bailiff of the district of one of the debtors, as requested by the creditor.

22.8.Decision related to Mongolian citizens residing and legal entities subsidiaries/branches operating in foreign country shall be enforced by bailiff of the district of creditor’s residence or by a bailiff of district of location of debtor’s property.

22.9.Decision assigning care-taking duties shall be enforced by a bailiff of district of residence of the debtor.

22.10.In the event that debtor’s residence address is changed or it is found the debtor’s property is not found on the territory of enforcement district, bailiff shall take notes and record, notify to senior bailiff and creditor, and senior bailiff shall resolve the jurisdiction related issue within three working days.

22.11.Bailiff who receive execution documents stated in Article 22.10 of this law, shall enforce it complying non-judicial principle.

22.12.In case bailiff and senior bailiff commits acts and omissions, prohibited in Article 8.1 of this law, or found to have personal interest regarding outcomes of civil decision enforcement process, civil decision enforcement may be assigned to bailiff of different district.

22.13.In cases set forth in Articles 22.7, 24.1, 25.1 and 25.3 of this law, civil decision enforcement shall be carried out regardless of district jurisdictions.

Article 23.Submitting bailiff’s assignment

23.1.When it is deemed necessary for the bailiff to undertake operations, stated in Article 44.2 of this law, in districts other than his/her district, an assignment for operation may be sent to the bailiff for that districts and get the decision enforced.

23.2.Bailiff that received the assignment shall execute the operations within the stipulated period.

Article 24.Exclusive jurisdiction of civil decision enforcement operations

24.1.In case that execution document relates to the unit, set forth in Article 259.3 of this law, bailiff from that unit shall execute the civil decision enforcement operations.

Article 25.Merging civil decision enforcement operations and executing by working group

25.1.Taking into account of the civil decision enforcement scope and territorial coverage, two or more bailiffs may be assigned to carry our civil decision enforcement in order to fully satisfy demand stated in the execution document.

25.2.Decision stated in Article 25.1 of this law shall be made by Chief Enforcement Officer at the national level, and by senior bailiff at the local level, and by working group shall be chaired by district bailiff responsible for the civil decision enforcement.

25.3.In case that several enforcement operations are initiated to execute several property related obligations of one debtor, civil decision enforcement operations may be merged in compliance with rules for decision, set forth in Article 25.2 of this law, and assigned to one bailiff.

Article 26.Postponing enforcement of execution document

26.1.Period for enforcement of execution document may be postponed for up to 30 days provided that it does not affect civil decision enforcement process and necessary measures are taken prior to validate the enforcement of execution document.

26.2.During the period specified in Article 26.1 of this law, other measures except validating civil decision enforcement, which is stated in Article 44.2 of this law, shall be taken.

Article 27.Suspending civil decision enforcement

27.1.Judge may suspend the civil decision enforcement, entirely or partly on the following ground and for the following terms:

27.1.1.In case that bankruptcy case opened against debtor-legal entity, or third party exercising rights to lodge independent claim has lodged a claim on exempting property from lien, until court ruling is made and becomes legally valid;

27.1.2.If a third party exercising rights to lodge independent claim regarding the property in lien has lodged a claim, until the court ruling is made and becomes legally valid;

27.1.3.In case a request is submitted to review the grounds of execution document due to newly discovered circumstances, until a relevant court ruling is made and becomes legally valid;

27.1.4.If a claim is lodged to court regarding the appraisal of property, to be seized for payment, until court ruling is made and becomes legally valid;

27.1.5.In case that debtor has no property and income from the payment should be collected and it impossible to undertake coercive enforcement using legal means, until debtor obtains his/her own property;

/This sub-paragraph was annulled by the law of 15 November, 2018/

27.2.Senior bailiff shall suspend civil decision enforcement wholly or partly, on the following ground and for the following terms:

27.2.1.In case debtor-citizen or creditor-citizen is announced deceased, are considered as missing or having no legal capacity, debtor-legal entity or creditor-legal entity abolished or re-structured, until relevant rights and responsibilities are formally transferred to heirs or successors, or until a care-taker for property of missing persons or care-taker of legally incapable citizen are formally appointed;

27.2.2.In the event that creditor refuses to accept the property seized from debtor, until the time that property that meet requirements for payment is seized from debtor;

27.2.3.In the event that a criminal investigation is underway in relation to court decision enforcement operation, until the case is fully resolved;

27.2.4.Decision to coercively evict from accommodation during winter time, till the end of winter for certain period considering the living condition of person evicted;

27.2.5.In case that compliant is lodged to court or higher level officer on civil decision enforcement operation according to rules and grounds set forth in this law and court or upper level officer, considering the complaint as grounded, commenced review proves, until compliant is fully resolved;

27.2.6.Until debtor-citizen or founder, representatives and property of debtor-legal entity are searched/investigated and found;

27.2.7.until debtor will have property if he or she does not have income and property for payment and it is impossible to execute forced payment in accordance with law.

/This sub-paragraph was added by the law of 15 November, 2018/

27.3.It is prohibited to suspend civil decision enforcement on other grounds than those specified in Article 27.1 and 27.2 of this law.

27.4.In case that grounds stated in Article 27.1.1 and 27.1.5 of this law, are identified, bailiff shall address to court, in case of grounds stated in Article 27.2 of this law, to senior bailiff within three working days. In the event that the authorized officer resolves as there is no ground for suspension, civil decision enforcement shall continue.

/This paragraph was amended by the law of 15 November, 2018/

27.5.Bailiff shall immediately notify about suspension of enforcement to debtor and creditor.

27.6.When the grounds stated in Article 27.1.1 and 27.1.5 of this law are cleared, court shall issue a resolution based on request from debtor or bailiff, and senior bailiff, when there is no longer grounds stated in Article 27.2 of this law, shall issue an order to restore civil decision enforcements based on request from creditor or bailiff.

/This paragraph was amended by the law of 15 November, 2018/

27.7.During the period that civil decision enforcement is suspended, senior bailiff shall frequently monitor whether the grounds of suspension are cleared.

Article 28.Suspending merged civil decision enforcement

28.1.In case that several execution operations are initiated to execute property related obligations of one debtor, civil decision enforcement operations with grounds specified in Articles 27.1 and 27.2 of this law shall be suspended.

28.2.If suspension in compliance with Article 28.1 of this law inflict damages to rights and legitimate interests of creditor, other civil decision enforcement operations conducted with respect to one debtor may be suspended.

28.3.Decision on suspending civil decision enforcement operations taking place in merged way shall be made by Chief Enforcement Officer at the national level and senior bailiff at the local level.

Article 29.Concluding civil decision enforcement operations

29.1.On the following grounds, senior bailiff shall conclude the civil decision enforcement operations fully and partly, and close the file for civil decision enforcement operation:

29.1.1.Court, other agencies or officials made a decision invalidating execution document or a decision that the document is grounded;

29.1.2.Creditor refused to receive payment and made request to conclude civil decision enforcement operations;

29.1.3.Debtor paid the payment stated in execution document in full amount;

29.1.4.Debtor and creditor reached negotiation and jointly requested to conclude civil decision enforcement operation;

29.1.5.Court ruling assigning certain acts or omissions fully performed;

29.1.6.Care-taking duty, specified in execution document, expired;

29.1.7.A bankruptcy case on debtor-legal entity has been adjudicated, or court determines that remaining property of debtor after liquidation is not sufficient to satisfy the demand in execution document;

29.1.8.In case that debtor-citizen is announced deceased, or considered as missing, or debtor-legal entity is abolished or liquidated and the obligation set forth in the execution document, relevant rights are not able to be shifted to heirs or successors, or obligation not able to be performed by heir or successor;

29.1.9.It is determined that debtor is unable to perform certain acts or operations stated in execution document.

29.2.Bailiff shall notify the creditor and debtor on concluding the civil decision enforcement operation.

29.3.In cases aside from executing court decision imposing care-taking duties, no appeal shall be made against a decision to conclude civil decision enforcement operations as stated in Article 29.1.1, 29.1.2, 29.1.3 and 29.1.8 of this law.

29.4.In case of occurrence of grounds stated in Article 29.1 of this law, bailiff shall notify it to senior bailiff within 3 working days and in case that senior bailiff resolves there is no ground to conclude civil decision enforcement, enforcement shall continue.

29.5.With decision to conclude the civil decision enforcement operations, measures taken on debtor and his/her property shall be terminated.

Article 30.Restoring civil decision enforcement operations

30.1.In case that grounds for suspending civil decision enforcement, as set forth in Articles 27.1 and 27.2 of this law, are cleared, or at the request from bailiff, or grounds for concluding the enforcement, stated in Articles 29.1.8 and 29.1.9 of this law, are cleared, or debtor violates mediation agreement in relation to care-taking duty, senior bailiff may issue an order on request from creditor and resume the civil decision enforcement operations.

Article 31.Returning execution documents to creditor

31.1.On the following grounds, civil decision execution document shall be returned to creditor:

31.1.1.Creditor made request for return;

31.1.2.Creditor refused to accept the property, collected for payment, but was not able to be sold, for the receivable payment;

31.1.3.Creditor caused delays and impediments to civil decision enforcement operations with his/her act or omissions, or created circumstances not allowing to carry out civil decision enforcement operations.

31.2.In the event it is determined that collecting payment is impossible on the grounds specified in Article 31.1 of this law, bailiff shall take notes and deliver execution document and other related papers to the senior bailiff.

31.3.If deemed there is a reasonable grounds to return the execution document, senior bailiff shall review the process whether the debtor’s property was appropriately frozen, collaterized, seized and sold and proper operations made to uncover the hidden property, and shall make relevant order.

31.4.In case that execution document is returned to creditor on the grounds specified in Articles 31.1.1 and 31.1.2 of this law, the document shall not be re-submitted for enforcement operations.

/The word “31.1.2” of this part was annulled by the Resolution No. 2 of the Constitutional Tsets dated January 23, 2019/

31.5.Returning execution documents assigning care-taking duty and returning on the grounds specified in Article 31.3.3 of this law shall not impede to re-submission once the grounds for returns are cleared.

31.6.Debtor shall be notified about the return of execution documents to the creditor.

CHAPTER THREE

PARTICIPANTS TO CIVIL DECISION ENFORCEMENT OPERATIONS

Article 32.Parties to civil decision execution

32.1.Debtor and creditor shall be referred collectively to as the parties of decision enforcement process.

32.2.Creditor is a private citizen or a legal entity whose legal rights are deemed violated, and therefore included in execution documents for restoration and protection of those violated rights.

32.3.Debtor is a private citizen or a legal entity who is deemed to have violated the legal rights of the creditor and not fulfilled relevant duties and therefore included in execution document.

32.4.If enforcement process involves multiple creditors and debtors, all of them have the right to participate in civil enforcement process independently.

32.5.A third party with an independent demand may take part in the civil decision enforcement process.

Article 33.Rights and responsibilities of parties

33.1.Parties to civil decision execution process shall exercise following rights:

33.1.1.Be present during measures to validate civil decision execution;

33.1.2.Access to relevant records and other documents, take copies of such materials, contribute additional documents and give oral and written explanations;

33.1.3.Give opinions on all matters that may arise during the civil decision enforcement process and make requests;

33.1.4.Make request on recusal from the bailiff;

33.1.5.Reach conciliation before the civil enforcement process concludes.

33.2.Debtors shall be obliged to carry out certain acts or refrain from carrying out certain acts, immediately notify changes in domicile and other shall be responsible for other duties specified in execution document and legislations.

Article 34.Legal capacity of participants in the civil decision enforcement process

34.1.Parties with full legal capacity may represent his or her rights during enforcement process himself/herself, or may elect to get legal representatives.

34.2.Legal rights, freedoms and legally protected interests of citizens with limited legal capacity or those who are legally incompetent may be represented by their parents, legal guardians, or wards.

34.3.A party with limited legal capacity may take part in the civil decision enforcement process independently, if the conditions set forth in provision 16.3 of the Civil Code are met.

Article 35.Successor’s participation in the civil decision enforcement process

35.1.If either party is absent (legally missing, dead, legal entity went bankrupt, underwent re-organization, or transferred its duties and responsibilities to another party), by request from other side or by decision of bailiff, absent party may be substituted by a successor.

35.2.Successor defined in provision 35.1 of this law shall exercise full rights and responsibilities of the party he or she substitutes.

35.3.Based on following documents, bailiff shall make decision to substitute the parties with successors:

35.3.1.Court decision appointing as a successor;

35.3.2.Other documents setting forth the succession as specified in the legislations;

35.4.Civil decision enforcement process made prior to decision, stated in Article 35.1 of this law, and its consequences shall be valid for the successor.

Article 36.Participation of representatives of parties in the civil decision enforcement process

36.1.Citizens may attend in civil decision enforcement procedure either personally, or through a representative.

36.2.Duties assigned to debtor in the enforcement document cannot be assumed by a representative

36.3.Legal entities shall be represented by an official empowered by law, or the entity’s founding documents.

36.4.Party representing a legal entity must have complete documents showing their official position and the delegation of representational authority.

36.5.Documents certifying authority to represent shall meet the requirements set forth in the law.

Article 37.Representing a citizen according to law

37.1.Legal interests of a citizen with no or limited legal competence shall be represented by his or her parents, guardians or wards, and these representatives shall then submit appropriate documents validating their rights of representation to the bailiff.

37.2.In proceedings that require presence of a person who is proclaimed missing, a legally appointed steward in charge of his or her properties shall take their place.

37.3.In proceedings that require presence of a successor of a person who is dead or proclaimed dead, whereas the successor in question hasn’t inherited the properties of the deceased yet, the party who was legally appointed to oversee the property until such inheritance occurs, shall take their place.

37.4.Parents, guardians and wards of a citizen described in Article 37.1 of this law may elect a representative to participate in the civil decision enforcement process.

Article 38.Authority (power) of representative

38.1.Extent of authority of representatives shall be described in the letter of delegation and other authorizing documents.

38.2.Letter of delegation shall satisfy all requirements set forth in Provision 64.2 of the Civil Code

38.3.Letter of delegation may include a clause that limits some of the rights of representative that would normally be enjoyed by the parties. Representatives of legally incapable citizens and persons with limited capacity shall exercise all rights set forth by law.

38.4.The representative is legally empowered to represent parties in all aspects expect the limitations set in 38.3 of this law, and are encouraged to defend the parties’ legal rights and interests within the scope of the law.

38.5.The letter of delegation for civil decision enforcement process shall describe following rights of the representative:

38.5.1.Receiving returned enforcement documents;

38.5.2.Transferringrepresentational rights;

38.5.3.Lodging complaints about the performance of bailiff;

38.5.4.Receiving certain properties and money that are included in the decision to be transferred over from debtor to creditor;

38.5.5.Refusing to receiving certain properties and money that are included in the decision to be transferred over from the debtor to the creditor.

38.5.6.Make conciliation contract.

38.6.In case that complaint lodged by a representative is resolved by court, parties to the civil decision enforcement process shall not have right to re-lodge claim on the same subject matter.

Article 39.Individuals prohibited from acting as a representative

39.1.Following individuals are prohibited from acting as representative in the civil decision enforcement operations:

39.1.1.Minors under age of 18 (except in circumstances specifically allowing such instances in the law);

39.1.2.Persons with no legal capacity;

39.1.3.Legally appointed judges, prosecutors, investigators, and enforcement officers, except when they are part of the decision enforcement process as a party themselves, or on behalf of their charge as a parent, guardian, or a ward, or as a representative of a legal entity for which they currently work.

Article 40.Participation of an interpreter and/or translator in decision enforcement process

40.1.If a party to the decision enforcement process does not speak Mongolian, or has hearing, visual or speaking difficulties/disabilities he or she may retain the services of an interpreter or a translator.

40.2.A party to decision enforcement process may not serve as an interpreter or a translator to another party.

40.3.Interpreter or the translator shall be an individual, with full legal capacity and possessing language and other necessary skills to enable to them to interpret or translate for the parties.

40.4.The party described in provision 40.1 of this law may be given a specific period of time in which he or she may retain the services of an interpreter or a translator of his or her own choosing, and failing that, the enforcement officer may appoint an interpreter or a translator for the party.

40.5.Interpreter or the translator shall be responsible for interpreting and/or translating details of the enforcement process to the party, and to present themselves upon enforcement officer’s summons.

40.6.Fee accrued to the interpreter or the translator shall be assumed by the party for whom the services were retained.

40.7.Interpreter or the translator shall be notified beforehand that they will be legally held liable for intentionally wrong interpretation or translation and the notification sheet shall be signed by interpreter/translator.

Article 41.Participation of third party witness in the civil decision execution process

41.1.Procedures such as entering debtor’s home or a place where his or her properties are held, inspecting assets, conducting search, and seizing properties must have at least two third party witnesses present.

41.2.If deemed necessary, third party witness may present in the operations other than those stated in Article 41.1 of this law.

41.3.Third party witnesses must be individuals with full legal capacity, with no personal interest in the case at hand, and with no family or professional/hierarchical connection whatsoever to other parties of the enforcement process.

41.4.Before commencing an enforcement procedure, the enforcement officer shall explain their rights and responsibilities to the witness.

41.5.Third party witness has the right to be told about the procedure he or she is going to take part in, and on what official documents that procedure is based on. Also, he or she can make opinions about the enforcement operations.

41.6.Records of civil decision enforcement shall reflect the witness’ full name and civil registration number.

41.7.Opinions thus made by third party witnesses shall be included in the official record. If desired, witness may submit his or her opinion by writing.

41.8.Third party witness has the right to write in the enforcement officer’s record book about the development, process, content, and outcome of the procedure he or she took part in, and shall be responsible for signing in the book testifying his or her presence.

Article 42.Participation of an analyst (expert) to decision enforcement process

42.1.During the civil decision enforcement process, either upon request from enforcement officer or of the parties, an analyst, who has no personal interest in the outcomes of the civil decision enforcement process, may be invited to take part in the process to give professional assessment of an issue that requires specific expertise.

42.2.Analyst, in making analyses and conclusions, shall comply with rules set forth in Law on Court Forensics and Law on Property Appraisal.

42.3.Fees and costs incurred for the commission of an analyst shall be included in the cost of the civil decision enforcement operations.

Article 43.Refusing (recuse from) to take part in enforcement process

43.1.Bailiff and translator/interpreter shall have a duty to recuse from enforcement operations on the following grounds:

43.1.1.Previously took part in the investigation and/or judgment of the case in the capacity of investigator, advocate, prosecutor, judge, civil representative, secretary of court, civil plaintiff, civil defendant, representative, guardian, ward, legal representative, witness, analyst, interpreter, or translator;

43.1.2.Has family connections to either party or either of their chosen representatives;

43.1.3.Has personal connections to either party, or has vested personal interest in the outcome of the enforcement process, or has reasonable doubt that his or her ability to remain impartial throughout the process may be impaired.

43.2.Requirement set forth in provision 43.1 of this law applies to the interpreter, auctioneer, and record keeper who take part in the enforcement process as well.

43.3.Enforcement officer shall not refuse to take part in the enforcement process for reasons other than those listed in provision 43.1 of this law.

43.4.In addition to conditions described in provision 43.1 of this law, the analyst is prohibited to take part in the enforcement process in following situations:

43.4.1.Parties to enforcement process are able to influence the analyst through position held or other leverage;

43.4.2.Previously made assessment and decisions based on that assessment served as basis for this enforcement process.

43.5.If situations described in provision 43.1 of this law arise, which requires refusal to participate in enforcement process, affected enforcement officer, translator, interpreter, analyst, auctioneer, and record keeper must notify this before the civil enforcement process starts (in case such situations became evident during an enforcement process, notification must be given immediately) and exit the process.

43.6.Decision on refusal and recusal shall clearly state the grounds.

43.7.In case that enforcement officer, translator, interpreter, analyst, auctioneer, and record keeper don’t refuse themselves on the grounds stated in Articles 43.1 and 43.4 of this law, requests for recusal from these parties shall be made by parties or their representatives to the bailiff or senior bailiff, in writing.

43.8.Decision to remove the enforcement officer or the auctioneer shall be made by the senior bailiff, and the decision to remove the translator, interpreter, analyst and the record keeper shall be made by the bailiff, respectively, within 3 working days after receipt of the request.

43.9.If enforcement officer’s request on refusing from participation in the process is satisfied, the chief enforcement officer shall transfer the enforcement documents to another bailiff.

43.10.If senior bailiff pass an ordinance refusing the recusal of participation, a complaint about this ordinance may be lodged to the Chief Enforcement Officer within 7 working days.

CHAPTER FOUR

VALIDATING CIVIL DECISION ENFORCEMENT

Article 44.Measures to validate enforcement of civil decision

44.1.Measures to validate enforcement of civil decision refer to measures that the bailiff takes in compliance with rules and regulations set forth in the law in order to create conditions for enforcement of obligations in the execution document or debtor’s obligation stated in the execution document within the stipulated period, in full scale.

44.2.Measures, stated in Article 44.1 of this law, shall include following activities:

44.2.1.Summon parties of civil decision enforcement operations (representatives) and other persons and representatives of legal entities;

44.2.2.Obtain necessary document, reference and certificate necessary for enforcement of obligation stated in the execution document from parties of civil decision enforcement operations (representatives), other persons and legal entities;

44.2.3.Receive property declaration from the debtor and other persons and add it to the debtor’s register;

44.2.4.Inspect the financial and other documents of the debtor related to the operations of the debtor;

44.2.5.Assign certain duties to parties of civil decision enforcement operations (representatives), other persons and legal entities in order to ensure compliance with obligations stated in execution document and send notification on it;

44.2.6.Enter and conduct search in areas, premises, warehouse and land aside from the accommodation of the debtor and person possessing and using debtor’s property;;

44.2.7.In cases aside from evicting debtor, enter and search in the accommodation of the debtor or person possessing and using debtor’s property, with consent from the senior bailiff.

44.2.8.Inspect body, case and other properties of the debtor to enforce the demand in the execution document, seal/freeze, collaterize, seize, and sell these items, and assign safeguarding and storage of the seized property;

44.2.9.Appraise property and items that are sealed off, collaterized and seized according to grounds and rules specified in law, involve experts in these measures;

44.2.10.Search debtor and his/her property;

44.2.11.Address to state registration authority for property of the debtor and its title registration, get reference and certificate;

44.2.12.Review and resolve complaints lodged by parties to civil decision enforcement process;

44.2.13.Take deductions from debtor’s bank account and savings account, freeze outgoing payment from bank account, impose restrictions on rights to open and possess accounts in bank and other legitimate legal entities or monitor incoming and outgoing transactions of the accounts;

44.2.14.Suspend rights/title of debtor, which is registered in the state registration;

44.2.15.Transfer immovable property to the management of the creditor;

44.2.16.Transfer unsold property to the creditor for the due payment and evict for this purpose;

44.2.17.Other rights specified in law.

44.3.In the event that parties to civil decision execution parties disagree with measures taken and decisions made by the bailiff, complaint may be lodged to senior bailiff within 7 days after the execution of the measure, if not aware of the measure, within 7 days after realizing about the measure.

44.4.Senior bailiff shall resolve the complaint within 14 days and issue an order. In case the plaintiff disagrees with the order, he/she shall lodge a complaint addressed to Chief Enforcement Officer within 7 days after receipt of the order.

44.5.Lodging complaint on coercive measures that bailiff has taken shall not serve as grounds to cease, suspend or invalidate the measures taken prior.

44.6.In case that senior bailiff decides the complaints from parties, he/she shall invalidate the measures taken.

44.7.Measures set forth in Article 44.2 of this law shall be appropriate to the scope and amount of demand specified in the execution document.

Article 45.Period for taking measures to validate civil decision enforcement

45.1.Measures to validate civil secision enforcement process shall take place between 06:00 and 22:00 local time, and the specific time shall be determined by the bailiff.

45.2.If it is necessary to take measures to validate civil decision enforcement during non-working days or between 22:00 and 06:00, a due permission must be obtained from the senior bailiff, and it should be mentioned in the records.

45.6.If the enforcement process, stated in Article 45.2 of this law, took place due to emergency, the senior bailiff must be notified within 24 hours.

45.3.In case that enforcement officer executes the enforcement due to immediate reasons, s/he shall notify it to the senior enforcement officer within 24 hours.

45.4.Creditor or debtor may make proposal on the appropriate time for measures validating civil decision enforcement.

Article 46.Declaration of property/assets

46.1.Bailiff, after initiating the civil decision enforcement operations, may take written declaration of property from the debtor and prior to declaration, bailiff shall explain penalties for false declaration and get the minutes signed by debtor.

46.2.Debtor shall reflect following information in the declaration:

46.2.1.Money, valuables and other items of debtor and assets in bank or authorized legal entity;

46.2.2.Debtor’s property currently held by debtor and property that he or she may have in the future;

46.2.3.Revenues that debtor will generate in the future and right to demand.

46.3.Debtor shall be responsible for declare the property within seven days after the notification on declaration of property.

46.4.Debtor shall notify any changes in property during the enforcement process to the enforcement officer immediately and reflect the changes in the declaration.

46.5.In case that debtor avoids for giving declaration to the bailiff, or gives false declaration and conceal property, bailiff shall search for the property within his/her power set forth in this law.

46.6.Bailiff may get written declaration from third party, not a party to civil decision enforcement process, about the property/asset of the debtor.

46.7.Regulation set forth in Articles 46.2 and 46.3 of this law shall apply to providing declaration as stated in Article 46.6 of this law.

Article 47.Registry of debtors

47.1.Court decision enforcement agency shall keep nationwide registry of persons that failed to implement the court decision, enter information in electronic registry and shall keep the record.

47.2.Regulation on registry of debtor and providing information from the registry shall be approved by a Cabinet Member responsible for justice.

Article 48.Entering accommodation, inspection and search

48.1.In order to determine size and value of debtor’s property, and any characteristics that may influence on appraisal, bailiff shall exercise a right to inspect debtor’s each property and and debtor’s property possessed by others, to enter vehicles, work places, warehouse and land to get documents important to civil decision enforcement process, and enter the accommodation of other persons with consent from the senior bailiff.

48.2.Bailiff may search the debtor’s body and area/place where the property is concealed, in the process of inspecting, sealing, collaterizing and seizing property of the debtor.

48.3.In case the body search in the debtor unveil cash, it shall be seized in amount no more than the amount assigned by the execution document.

48.4.In conducting search and inspection on debtor’s property, third party witness, set forth in Article 41.1 of this law, shall be present.

48.5.In operations, specified in Articles 48.1 and 48.2 of this law, presence of the debtor, or his/her family member above age 18, advocate, if impossible, local administration or police officer is required.

48.6.For debtor-legal entity, representative of the legal entity shall be present.

48.7.In the course of undertaking operations of search and inspection of property, record shall be kept according to this law and shall use tools and means not posing danger to human life, health and property and pay respect to human dignity.

48.8.In cases aside from evicting the debtor, bailiff shall get consent from residents, or owner, or senior bailiff in entering the accommodation of others.

48.9.In the event that residents and possessors cause delays in entering premises, bailiff shall demand them to cease their protest and warn to use force if the demand is not fulfilled.

48.10.Bailiff may clear/remove any impediments to entry such as breaking part of items, locks and part of the premise, switch off theft alarm, control system and electricity supply, pacify dogs and other pets, and use tools and equipment.

48.11.In case that measures stated in Article 48.10 of this law are taken, measures to restore the broken properties and safeguarding for temporary period shall be undertaken.

Article 49.Sealing (freezing) debtor’s property and and taking as collateral

49.1.Dealing debtor’s property and taking as collateral/lien refers to operation that limits the right to own, possess and dispose of the property.

49.2.Scope and period of limit, stated in Article 49.1 of this law, shall be determined by the bailiff, independently, taking into account of the property characteristics, roles, form of its ownership and possession and percentage to satisfy the demand, specified in the execution document.

49.3.Sequence for property for seizure, sale and deduct for payment shall not apply to operations to seal and take as collateral.

49.4.Bailiff shall seal the property of debtor for the following purposes:

49.4.1.To transfer properties to the creditor, or to sell or protect the properties;

49.4.2.To execute a decision to seal or take as collateral the properties owned by the debtor, both currently held by him or her, and those held by a third party;

49.4.3.To execute a decision to seize the properties owned by the debtor, and those held by a third party.

49.5.In case that court or other officials previously sealed the property in order to secure debtor’s fulfillment of obligation and transferred to the decision enforcement agency, notes shall be prepared on handover- receipt of the property followed by checking the property and accepting.

49.6.In the operations of freezing the property other than the assets/property held in account of banks, authorized legal entities and stock market participants, notes shall be prepared listing the properties and stamped by the bailiff.

49.7.Bailiff shall submit his decision on freezing the immovable property and other property with use and possession titles to the state registration authority within 3 working days after sealing.

49.8.If the debtor violated enforcement officer’s decision to limit possession and use rights or prohibiting disposing of the property, debtor shall be held responsible according to law.

49.9.If the debtor is fulfills the demand in the execution document within the set period of time, the order to seal and collaterize properties shall be cancelled.

49.10.If necessary, during the civil decision enforcement process, in sealing and taking the property as collateral, the bailiff may seize some parts or component of the property.

Article 50.Freezing assets held in the account of banks and authorized legal entities

50.1.Bailiff shall make a decision to freeze assets of debtor held in the bank and authorized legal entities and shall deliver the decision to the banks and authorized legal entities immediately.

50.2.When the number, type, name and other necessary information of debtor’s account in the banks and authorized legal entities are unclear, bailiff shall get information from banks and authorized legal entities, and if the debtor has an account, shall deliver the decision to freeze the assets in the account.

50.3.After receiving decision made by bailiff, banks and authorized legal entities shall fulfill the relevant obligations immediately and inform court decision enforcement agency on the information on accounts registered on the name of debtor and frozen assets in the bank.

50.4.Bailiff, grounded in information, specified in Article 50.3 of this law submitted by banks and authorized legal entities, shall made decision to permit for spending for the amount exceeding the obligatory amount for enforcement of decision followed by delivering the permit to the banks and authorized legal entities.

50.5.In the event that balance in the debtor’s account in banks and authorized legal entities is not adequate to fulfill the obligations, stated in the bailiff’s decision, banks and authorized legal entities shall freeze the balance in the account of debtor and shall continue until the incoming transactions reach the amount sufficient to amount set forth in execution document.

50.6.In the event that banks and authorized legal entities partly fulfill or finds it unable to fulfill the obligations in the execution document due to insufficient balance in the debtor’s account, they shall notify it immediately to the bailiff.

50.7.In case that debtor owns two or more accounts and the account and balance are clear, bailiff shall specify the account number and amount to be freezed. In his/her decision.

50.8.Rules set forth in this Article shall apply to other accounts held at the legal entities engaged in securities trading, registry and payment settlement and other accounts, registered on the name of other persons, but the debtor exercises the right to manage.

50.9.In case debtor is found impossible to pay the due amount from other sources, taxes and social insurance premium, verified by taxation and social insurance authority, may be transferred from the frozen assets of the debtor.

Article 51.Sealing securities

51.1.In order to exercise any rights related to bill of exchange or any type of securities, bailiff shall confiscate and seal once the financial instruments that must be taken physically, are found. Decision to sealing intangible securities shall be delivered to legal entities engaged in securities trading, registry and settlement.

51.2.Bailiff’s decision and notes of freezing operations must specify the limitations and restraint imposed on the relevant rights of the securities, type of securities, securities registry and identification number, name of issuer, date of issue, which are important to distinguish the securities from other financial instruments.

51.3.With the decision, bailiff shall restrain the rights to manage the securities, right to collaterize the securities to secure payment if third party, and if necessary other rights of debtor related to securities.

51.4.In case bailiff freezes securities necessary to satisfy the demand in the execution document, its tight to access to dividends may be restrained. In this case, a notification shall be sent to the authorized institution responsible for allocating dividends to transfer the dividends to the bank account of court decision enforcement agency.

51.5.Unless otherwise stated in laws, contracts and execution documents, legal entity engaged in the securities trading, registry and settlement may carry our necessary trading, with permission from the bailiff, without degrading the value of securities and characteristics of payment instrument.

51.6.Securities and other assets created as a result of the trading shall be considered as frozen and the institution that made the deal shall notify it to the bailiff.

51.7.In order to exercise rights associated with securities and bill of exchange that bailiff seized, sealed or taken for lien, bailiff may transfer to the legal entity l engaged in securities trading, registry and payment settlement required for other financial instruments, for storage. Legal entity storing the frozen assets shall not transfer them to other legal entities.

51.8.If the license of the legal entities, stated in Article 51.7 of this law, is suspended or terminated, bailiff may transfer the sealed or collaterized securities to legal entity engaged in similar activities.

51.9.If any events occur impeding the legal entity enforcing the decision for sealing and collaterizing the securities, the legal entity shall notify it to the bailiff immediately and bailiff shall take measures set forth in the law in order to safeguard the securities in lien and seal.

51.10.In case that the issuer of securities buys back the securities according to rules and grounds specified in the law, payment for the securities shall be sealed.

51.11.Legal entity engaged in securities trading, registration and payment settlement shall be prohibited to fulfill any demand from the debtor regarding rights that are prohibited by decision to seal the securities. As soon as the entity receives that decision, any transactions associated with the restrained rights shall cease.

Article 52.Suspending payment obligations

52.1.Bailiff may issue a decision to modify and terminate the contract between the debtor and third party on payment obligations arisen out of the contract and to prohibit to transfer the right to demand for payment, arisen out of the contract, to any other parties.

52.2.In decision, stated in Article 52.1 of this law, bailiff shall specify the contract or agreement, the evidences to right to demand arising out of the contract, get a copy, if deemed necessary the original of the contract, and store together with the execution document.

52.3.According to decision made by the bailiff and after receiving the decision, stated in Article 52.1 of this law, the obligation bearer-third party shall transfer the amount that satisfies the demand of the execution document from its obligated payment to debtor to the court decision enforcement agency.

52.4.Obligation bearer-third party shall be prohibited to modify the contract or terminate the contract until the debtor demands the fulfilment of payment obligation or bailiff issues a decision to transfer the right to demand the payment arising out of the contract to the creditor.

Article 53.Sealing funds in the clearing account

53.1.Legal entity providing services of non-cash transactions and other settlement/transactions in response to instruction from the debtor to the person specified by the debtor shall freeze the funds in the account of debtor as soon as it receives bailiff’s decision to freeze funds in the debtor’s account by blocking outgoing transactions and provide information on the account and the frozen assets to the court decision enforcement agency.

53.2.Setting blocks/restrictions and freezing account according to Article 53.1 of this law shall not impede payment transaction to satisfy the invoice from other persons that the debtor instructed before it receives the bailiff’s decision.

53.3.If it is necessary to perform the transactions, stated in Article 53.1 of this law, the legal entity, which received the freezing order, shall be liable to immediately notify it to the court decision enforcement agency.

Article 54.Seizing property of debtor

54.1.Bailiff shall seize property of debtor for the purposes of selling or for transferring to the creditor if it is specified in the execution document.

54.2.Bailiff shall make list of items and properties indicting their types, characteristics, state and quantity.

54.3.List shall be verified by the signature or fingerprint of the debtor, whose property and documents are seized, and copy of the list shall be given to the owner of the property or his/her advocate.

54.4.When conducting inspection on documents, items, cargo, animal and vehicles during the seizure, owner shall be present. If it is impossible to have the owner present, third party witness or audio-video recording shall be used.

54.5.Debtor may sell perishable and quickly degrading goods before the period that execution document sets for for voluntary enforcement for the debtor, expires.

54.6.In case that debtor fails to sell the goods voluntarily as specified in Article 54.5 of this law, bailiff shall sell these goods and items according to rules set forth in this law.

54.7.National currency, foreign currency, precious metals, gems and artifacts created with them, other items of historic and cultural significance and other valuables shall be seized.

54.8.Seized national and foreign currency shall be transferred in the bank account of court decision enforcement agency within 24 hours after the seizure, precious metals, gems and artifacts, other items of historic and cultural significance and other valuables shall be transferred immediately to the designated valuables storage premises of court decision enforcement agency.

Article 55.Appraisal of property

55.1.In the event that bailiff deducts the frozen, collaterized and seized property to fulfillment of obligations set forth in execution document, bailiff shall value of the property within one month after freezing, collaterizing or seizure taking into account of the quality, demand, depreciation and opinion of the debtor, at the local market price followed by notifying it to the parties and taking notes.

55.2.Following types of properties shall be appraised by the appraiser expert:

55.2.1.Intangible assets;

55.2.2.Property that parties and owner disagreed on the value according to Article 177.1 of the Civil Code;

55.2.3.Precious metal and gems;

55.2.4.All types of collections;

55.2.5.Items belonging to historic and cultural heritage and remains as stated in Articles 3.1.1, 3.1.2, 3.1.3, 3.1.4 and 3.1.5 of the Law on Preservation of Cultural Heritage;

55.2.6.Items that bailiff was unable to appraise the property due to difficulties in appraisal taking into account of the opinions of parties.

55.3.In case that bailiff determined the value of the property through the appraiser expert, it shall be notified to parties within 3 days after receipt of the expert’s conclusion, present the conclusion and put their feedback in the notes/records.

55.4.Value of the securities shall be set based on reference and official document/certification from the professional agencies of the securities market at the prevailing market price.

55.5.If there is a ground that the value of property changes to extent no less than one third of the initially set value due to changes of prices, bailiff, in response to request from the parties, may get new appraisal made within no less than 6 months after the period that initial value is determined.

55.6.Costs associated with appraisal, stated in Article 5.5 of this law, shall be paid by the party that made the request for appraisal.

55.7.Parties may lodge complaint on the valuation of the property to the court within 7 (seven) days after the notification is made according to Article 55.3 of this law. appraisal is made.

Article 56.Storage and safeguarding of property

56.1.Bailiff may elect to store the frozen, collaterized and seized immovable property with the debtor, his/her family members or a third party that made contract with court decision enforcement agency for storage of property.

56.2.Bailiff may store the frozen, collaterized and seized immovable property with the debtor, his/her family members or a third party that made contract with court decision enforcement agency for storage of property or is specially designated premise of court decision enforcement agency.

56.3.Documents certifying the title of the property that were frozen, collaterized and seized during the process of civil decision enforcement shall be stored together with the execution document.

56.4.Persons stated in Articles 56.1 and 56.2 of this law shall be obliged to store the property and safeguard its comprehensiveness and it is prohibited to use and transfer to others without written permission given by the bailiff.

56.5.In case that use of property may affect the appraisal/value and may lead to damage or loss depending on the characteristics of property frozen, collaterized and seized, it is prohibited to give to any person for use.

56.6.Appropriate use of property necessary for ensuring safety and comprehensiveness of the property shall not require permission from the bailiff.

56.7.In case the person storing the property is not the debtor or his/her family member, the fees for storage shall be transferred as agreed unless otherwise stated in the contract.

56.8.For properties such as livestock, pets, and others of similar nature, the storage payment will include the cost of keeping them, minus the benefits the keeper has received during the period of storage.

56.9.If the keeper transferred the properties without prior authorization to a third party, exchanged, misplaced, hid, or changed the normal condition of the properties in any way, he or she shall be fully responsible for any damage such action might have caused.

Article 57.Searching debtor and his/her property/assets

57.1.In cases that the location of debtor and his/her property is unknown, bailiff shall carry out the operations stated in this law in order to search and locate debtor and properties.

57.2.Provided that bailiff took all actions to search and locate the debtor and properties, but had no outcome, the duty to search and locate them shall be assigned to the unit, specified in Article 257.7 of this law.

57.3.Decision to investigate the debtor and his/her assets shall serve as ground for tracking down the assets in the national territory and other jurisdictions according to international treaties that Mongolia is Party to.

57.4.Decision, stated in Article 57.1 of this law, shall be made by a bailiff, with consent from the senior bailiff, and deliver to the unit specified in Article 257.7 of this law together with necessary documents.

57.5.Order to investigate the debtor and his/her assets shall clearly specify the coercive measures to take in the investigation locates the debtor and his/her assets.

57.6.Bailiff performing investigative function shall exercise the following rights regarding the validating the execution document enforcement in addition the rights exercised by bailiff, stated in this law:

57.6.1.Announce investigation/search of the debtor and his/her assets through the mass media;

57.6.2.Receive paid information about the debtor and his/her assets under search, which has importance to civil decision enforcement process;

57.6.3.In case there is suspicion that individuals and legal entities concealed debtor and his/her assets under search or assisted for avoiding from enforcement of court decision, check documents and ID of individuals and legal entities, get comments/explanations, get references and conduct search and inspection in premises, buildings, warehouse and land of individuals and legal entities aside from their body, personal items and accommodation.

57.7.When debtor and his/her assets under investigation are located, measures specified in the investigation order shall be performed, if deemed necessary, deliver the debtor and his/her assets to court decision enforcement agency and may undertake measures stated in Article 44.2 of this law.

57.8.Cabinet member responsible for justice shall endorse the instruction and guidelines for investigation and regulation for receiving paid information on debtor and his/her assets.

57.9.Costs associated with collecting information for payment shall be calculated as part of the civil decision enforcement process.

Article 58.Get reference and certification from the state registration agency

58.1.In order to locate debtor’s assets adequate to cover obligations sets forth in the execution document, bailiff shall address to state registration agency for information on assets and their titles, required for state registration.

Article 59.Restraining right to travel abroad and emigrate

59.1.Unless otherwise stated in the law, it is prohibited to suspend the rights of debtor to travel abroad and emigrate.

Article 60.Transferring the immovable property to the management of creditor

60.1.Grounded on request from creditor, bailiff may transfer the debtor’s immovable property, its use and possession right to management of creditor for the period the payment is fully redeemed.

60.2.In case that the revenues generated from use and possession of immovable exceeds the costs for use and maintenance, the immovable property shall be transferred to the management of creditor.

60.3.Prior to making decision, stated in Article 60.1 of this law, bailiff shall notify his/her intention to all parties, who are registered at the state registration agency and whose rights and legitimate interests might be affected, and get comments.

60.4.If debtor resides in the building/premise or in part of building/premise transferred to creditor’s management, or the immovable property is used in other types/forms, debtor shall liable for paying the fee to the creditor.

60.5.Creditor shall get the benefits and yields from using the immovable property for the due payment from debtor and shall pay all costs associated with the immovable property.

Article 61.Returning immovable property shifted to creditor back to debtor

61.1.In the event that the bailiff fully satisfied the demand stated in the execution document or it becomes clear that it is impossible to satisfy the demand in the execution document by transferring the immovable property to the creditor, decision, stated in Article 60.1 of this law, shall be terminated.

61.2.In case it is found that the creditor intentionally reduced or concealed benefits or intentionally created conditions that no benefits would be generated, stated in Article 60.5 of this law, decision to transfer the immovable property to the management of creditor shall be terminated and immovable property shall be returned to debtor and execution documents to creditor.

CHAPTER FIVE

COERCIVE SALE OF PROPERTY

Article 62.Debtor to sell his/her own property

62.1.If there is no complaint from parties regarding the property appraisal, creditor may offer to sell his/her own property, him/herself, at the price no lower than the price stipulated in the decision, within 3 days after receiving a decision, stated in Article 55.3 of this law.

62.2.Bailiff shall resolve the proposal from debtor within three working days. In case the bailiff accepts the proposal, one-month period shall be given to the debtor for selling his/her property and cease the coercive sell.

62.3.Until the debtor sells his/her property and transfer the payment to the bank account of the court decision enforcement agency, bailiff’s decision on freezing, collaterizing and seizing a property shall remain valid.

62.4.Bailiff shall explain the potential liabilities that might be imposed to the debtor in case he/she avoids from paying the payment, remind to transfer the proceeds of sale to the bank account of the court decision enforcement agency and get then notes signed by debtor.

62.5.If debtor fails to sell the property within the period specified in Article 62.2 of this law, the property shall be sold through coercive measures in compliance with rules set forth in this law.

Article 63.Coercive sale of property

63.1.Unless otherwise stated in the law, properties except those stated in Article 64.5 of this law shall be sold through coercive means within 2 months after the formal appraisal and within 3 months if the debtor’s proposal of selling the property himself/herself.

63.2.According to court decision to seize the property of debtor and transfer the proceeds as state income, proceeds of sale of seized property shall be transferred to the government budget. If deemed necessary, seized property may be transferred to the state as-is without selling and shall be transferred to state administrative agency in charge of state property.

63.3.Items that require license for acquisition, such as forearms, explosive and chemicals, shall either be sold or transferred to the respective organization in compliance with court rulings.

63.4.In case that parties to civil decision enforcement lodged claim to the court on coercive sale decision and appraised value, according to Article 55.7 of this law, and the claim is adjudicated by court, parties shall have no rights to re-lodge claim to the court on the same subject matter during the process of selling the property.

63.5.Operations to sell securities shall be carried out in compliance with rules set forth in the law.

63.6.Operation to sell convertible bill of exchange and other payment instruments shall be executed by the bailiff by seizing these instruments.

63.7.Auction of securities shall be made by the institution responsible for securities payment settlement, trading and registration.

Article 64.Types of coercive sale measures

64.1.Immovable property shall be sold through auction and property, stated in Article 65.1 of this law, shall be sold through coercive auction.

64.2.Opening price for immovable property auction shall not be less than the price set forth in the decision of bailiff to set the immovable property price.

64.3.Auction shall be organized in compliance with rules set forth in this law and Article 197 of the Civil Code.

64.4.Properties what were not purchased on auction, stated in Article 64.3 of this law, shall be sold reducing its set price by 30%. In this case, senior bailiff shall made an order to reduce the price.

64.5.In terms of property, stated in Article 65.1 of this law, they may be sold through the court decision enforcement agency or institutions engaged in trading of such items taking into account of the property type, purpose and characteristics. In this case, fee for sale shall be negotiated with the seller- legal entity and fee shall be calculated in the cost for civil decision enforcement process.

Article 65.Selling through coercive auction

65.1.Immovable property, securities, intangible property, precious items of historic and cultural significance and licenses shall be sold through the coercive auction (hereinafter referred to as auction).

65.2.Payment obligations that arose from the contract between rights holder- debtor and obligation bearer-third party (right to demand) may be sold through an auction.

65.3.Bonds, issued by government or other authorized entities may be sold at no less than its nominal value according to rules set forth in the law with or without offering the issuer to buy it back.

Article 66.Organizing coercive auction of properties

66.1.Auction shall be organized by court decision enforcement agency, its division or decision enforcement department shall organize the auction grounded on proposal from the bailiff.

66.2.Auction shall be organized according to requirements set forth in this law and in the Civil Code.

66.3.Bailiff shall deliver the senior bailiff’s ordinance authorizing the auction to the state registration agency and the debtor.

66.4.Parts and details that are inseparable from an immovable asset, or movable assets whose ownership is not transferred to a third party, but is linked to an immovable asset shall be auctioned together with the immovable asset.

66.5.Auctioneer to conduct the auction shall be appointed by the organizer of the auction, specified in Article 66.1 of this law.

Article 67.Postponing auction at request from creditor and creditor withdrawing the request

67.1.Creditor may submit a permission to the senior bailiff allowing the public auction to be postponed for up to 6 months.

67.2.After the period specified in Article 67.1 of this law has expired, if the creditor hasn’t requested the auction to be resumed, or if he or she submitted a request to end the enforcement process, auction shall not be organized.

67.3.If the conditions set forth in Article 67.2 of this law are met, the creditor shall submit a request to redact the record about the public auction to the state registration agency.

67.4.If the public auction was cancelled by the creditor’s permission, as described in Article 67.2 of this law, the execution documents and the request/petition shall be returned to the creditor.

Article 68.Period of organizing auction

68.1.Auction shall be held after the frozen and collaterized properties to be auctioned off are legally seized.

68.2.Auction shall take place within 30 days after the senior bailiff has issued the ordinance to organize the auction.

Article 69.Content of the ordinance authorizing public auction

69.1.In the decision issued by the senior bailiff appointing the auction date, following items shall be included:

69.1.1.Name, size, function, location, nominal price of the property to be auctioned off, as well as the current owner’s information;

69.1.2.Date, time and location of the auction;

69.1.3.Official note classifying the auction as a coercive auction by the government;

69.1.4.State registration numbers of immovable assets;

69.2.Bailiff shall deliver the following documents to the auctioneer:

69.2.1.Order and notes of freezing, collaterizing and seizing the property;

69.2.2.Documents certifying the property rights and title;

69.2.3.Copy of state registration documents;

69.2.4.Copy of contract on use and possession of the immovable property;

69.2.5.State registration documents for the land use and possession where the property is located.

69.3.in case if auction of unfinished building and infrastructure premises, copy of the license for construction of such premises and structure shall be delivered in addition to documents, specified in Article 69.2 of this law.

Article 70.Announcing auction to public, participants of auction, deposit for bidding in the auction

70.1.Auctioneer shall announce about the auctions 14 days before the auction date via mass media.

70.2.Aside from the debtor and the creditor, following parties may participate in public auctions:

70.2.1.Parties registered at the time of public auction commencement;

70.2.2.Owner who has rights to make independent claims about the property being auctioned off, and whose rights and legally protected interests are violated; or a third party who can prove his or her right to rent the property in question;

70.2.3.Other parties.

70.3.If the property being auctioned off is a land privatized to a Mongolian citizen, only Mongolian citizens can participate in the auction.

70.4.All auction participants shall pay deposit according to predetermined timetable, amount and rules. Only parties who paid their deposit may be allowed to participate in auctions.

Article 71.Organizing auction

71.1.Uuctioneer shall start by giving the name of the creditor, as well as the amount of payment sought, description of the property, date of sealing, taking as collateral, and seizure of said property, and its nominal price.

71.2.Auctions shall be considered officially commenced when the first bid is made.

71.3.Auctioneer shall announce the final bid. In case that the auctioneer does not accept the bid, the bid shall be void.

71.4.Once the auctioneer announce a final bid three times and if no new bid is received, the auction shall be considered complete.

71.5.If an immovable property is sold, payment amount and the expense of the auction shall be deducted from the sales amount and transferred to the enforcement agency’s account.

71.6.In ceasing, postponing, suspending and re-organizing the auction, Articles 176 and 177 of the Civil Code shall be pursued.

71.7.Immovable properties that are not bought from the auction, aside from the land privatized to citizen of Mongolia, may be offered to the creditor to acquire these property for the due receivable after deducting the costs for civil decision enforcement operations.

71.8.In case the creditor is a Mongolian citizen, land that was not sold on the auction, may be offered as specified in Article 71.7 of this law.

71.9.In case that debtor or other persons fail to release the property, offered to the creditor, within the period set by the bailiff, bailiff shall coercively evict.

71.10.Auctioneer’s decision on whether the ownership of the property in question is transferred will be presented within the stipulated period. This date should be no later than 2 weeks after the auction.

71.11.Decision of the auctioneer shall specify full name of the winner of the bid, price of the property bought from auction, whether the payment is made in full amount, creation of ownership right and the period that the property should be released to the winner.

71.12.In case that bid winner does not pay within the period set by Article 71.10 of this law, deposit shall be confiscated for the government income.

71.13.In the event that due amount is paid in full before the stipulated date of the auction, winner of the auction shall not have right to ownership.

71.14.Unless a complaint is lodged in the decision transferring the ownership right of the immovable property, the buyer shall become an owner of the immovable property.

71.15.Items that are sold through the auction together with the immovable property shall be transferred to the ownership the buyer.

71.16.After satisfying demand for payment and transferring ownership right, the buyer shall have a right to register the ownership title at the state registration agency.

71.17.Notes/records shall be taken throughout the auction, auctioneer, bailiff and note-taker shall sign. Participants to the auction can have access to the notes and give comments.

71.18.Decision made by the auctioneer on transferring the rights by the auction shall be enforced as same as the decision execution document.

Article 72.Determining the price for auction

72.1.Starting price for first auction and price for the second auction shall be determined according to percentage and amount set forth in the Civil Code.

72.2.During the process of auction of his/her property, debtor shall exercise a right to sell his/her property him/herself independently.

72.3.In case that a contract is made before auctioning the property of debtor, for sale of the property at prices higher than the amount set forth in Article 72.1 of this law, the property shall be transferred to the buyer after the payment is made to the bank account of court decision enforcement agency.

Article 73.Offering unsold property to the creditor

73.1.Property that are not sold in the auction, organized according to Articles 72.1 and 72.2 of this law, shall be offered to the creditor to take in replacement of receivables after deducting the costs for civil decision enforcement. If the creditor refuses the offer or does not respond within the legally set period, property shall be returned to the debtor and execution documents to the creditor.

73.2.In case civil decision enforcement is carried out following several execution documents, unsold property shall be offered first to the person holding mortgage rights, and them according to sequence that civil decision enforcement process initiated, to the debtors. Debtor shall notify whether to accept offer within 10 days.

73.3.In cases except the one stated in Article 73.5 of this law, value of property that was not bought at the auction, shall be reduced 50% when the property is transferred to the creditor. If the immoveable property was not sold in the auction it shall be offered to the payment receiver at the price established in accordance with the Article 55 of this law. In case that the value of unsold property is higher than the obligated amount in the execution document, creditor shall pay the difference and the right to get the property shall open.

/This paragraph was amended by the law of 15 November, 2018/

73.4.Movable properties that are not sold in the auction shall be offered to the creditor to take in replacement of receivables after deducting the costs for civil decision enforcement. If the creditor refuses the offer or does not respond within the legally set period, property shall be returned to the debtor and execution documents to the creditor.

73.5.Proceed for property that belongs to lien to lean holder- creditor or property jointly owned shall be transferred to the creditor by calculating the amount according to rules set forth in Article 5.3 of this law.

73.6.Based on proposal from the bailiff, senior bailiff shall make a decision to transfer the unsold property to the creditor and shall take not on hand over.

73.7.Complaint regarding the physical defects of property sold through auction shall not be received.

73.8.In case the securities were not bought in the auction, it shall be offered to the creditor at the price of the last hour of the day of auction.

Article 74.Allocating proceeds of auction

74.1.After the ownership right for the property is transferred, the auctioneer shall specify the date of proceeds allocation and notify parties and persons holding mortgage right.

74.2.Auctioneer may demand the persons, stated in Article 74.1 of this law, to provide the calculation of receivables, prior to stipulated date.

74.3.Proceeds of the auction shall be allocated in the following sequence:

74.3.1.Cost for auction;

74.3.2.Cost for safeguarding, storage and maintenance of immovable property until the ownership right is transferred;

74.3.3.Payments that are subject to periodic settlement related to the property;

74.3.4.Payment due to person holding mortgage right.

74.4.After paying the costs, stated in Article 74.3 of this law, the remaining amount shall be used to satisfy the demand in the execution document.

74.5.After satisfying the demand of the execution document, remaining proceeds shall be given to the debtor.

Article 75.Organizing second auction

75.1.In the following cases, auctioneer shall invalidate the auction and shall organize the second auction:

75.1.1.Only one bidder was present at the auction;

75.1.2.No bid was offered to opening amount;

75.1.3.Winner of auction failed to make payment on time.

75.2.If the first auction becomes void on the grounds specified in Article 75.1.3 of this law, a proposal shall be made to the second bidder that offered higher prices than the opening price.

75.3.In case that a person, specified in Article 75.2 of this law, refuses from the property, the opening price shall not be reduced in the second auction.

75.4.In case that second auction attempting to sell the payment obligations according to contract made between debtor and duty-bearer-third person, creditor shall be proposed to get the right to demand for fulfillment of obligations at 25% lower amount that the initial price of auction for the due receivable.

75.5.In the event it is specified in Article 75.4 of this law, duty bearer-third person’s obligation to comprehensively perform the contractual duties shall be preserved.

CHAPTER SIX

DEDUCTING FROM ASSETS OF DEBTOR AND TRANSFERRING PAYMENT TO CREDITOR

Article 76.Deducting from debtor’s cash, securities and other assets

76.1.Deduction from debtor’s cash, securities and other assets refers to operation designated to deduct the property of debtor that is frozen, collaterized and seized or the proceeds of sale of these properties, fully or partly, for satisfying the demand specified in the execution document and getting the civil decision enforcement costs compensated from proceeds.

76.2.Operations set forth in Article 76.1 of this law, shall commence from debtor’s cash and non-cash funds. In case the monetary asset of the debtor is not sufficient to satisfy the demand of the execution document, deduction shall be made according to sequence/order stated in this law.

76.3.Debtor may lodge a request on the order to properties for deduction. Sequence of properties from which deduction is made shall be set by the bailiff in conformity with this law.

76.4.Civil decision enforcement cost shall be first deducted from the total deducted amount, and the remaining amount shall be transferred to the creditor, as specified in Article 107.4 of this law.

Article 77.Deducting from assets of debtor

77.1.Bailiff may take following measures to deduct from the asset of the debtor:

77.1.1.Deduct from monetary asset, securities and other assets held by debtor;

77.1.2.Deduct from debtor’s salary and incomes;

77.1.3.Deduct from property of debtor that is owned/possessed by others;

77.1.4.In case that the debtor is not necessary to physically present in fulfilling the demand in the execution document, satisfy the demand in the execution document on behalf of the debtor, at his/her costs;

77.1.5.Collect certain amount of funds, specified in the judicial decision, from debtor and transfer to the creditor or enforce the debtor to undertake certain act or operations specified in the judicial decision.

77.2.In order to validate enforcement of the execution document, if collaterized, frozen and seized property is transferred to others, payment shall be collected from the property regardless to whose ownership the property is shifted, and shall be deducted for the due payment.

Article 78.Making request for taking property that debtor does not sell him/herself for the due payment

78.1.Within 10 days after receipt of the bailiff’s decision setting the value of the property, creditor may make a request to take a property, which meets the requirements of execution document, for deduction for the due receivables.

78.2.In the event that creditor made request stated in Article 78.1 of this law and debtor not sold the property him/herself within the stipulated period and not lodged any complaint on the value appraisal, the property shall be transferred to the creditor at the price specified in decision setting the value, to the creditor.

78.3.Decision, stated in Article 78.2 of this law, shall be made by the senior bailiff based on the proposal from the bailiff.

78.4.If the value determined for property to be transferred for the payment is clearly not consistent with demand in the execution document, or several creditors offered to acquire the property for their due receivables, or there are several creditors stated in one execution document, the property shall be sold according to Chapter Five of this law and shall satisfy the demand by proceeds of sale.

Article 79.Transfer of property to creditor according to execution document

79.1.In case it is specified in the execution document, property shall be seized from the debtor and transferred to creditor.

79.2.In case creditor refuses from accepting the property for his/her due receivables, property shall be returned to the debtor and execution documents to creditor.

Article 80.Fulfilling the mutual demand from parties

80.1.In case that parties to civil decision enforcement proves claimed similar obligation imposing mutual obligation as shown in the execution document, the lower obligation shall be subtracted from the higher level obligation and it shall be considered that the demand in the execution document is fulfilled at that size.

80.2.Decision, stated in Article 80.1 of this law, shall be made by the senior bailiff, grounded on proposal from the bailiff.

Article 81.Deducting from debtor’s intangible property

81.1.In civil decision enforcement, deduction may be made from the following intangible property of the debtor:

81.1.1.Right to demand the payment for supplying goods and services to obligation bearer-third party;

81.1.2.Right to demand of the debtor as specified in the execution document;

81.1.3.Right to lease immovable property;

81.1.4.Intellectual property possession, use and ownership rights, aside from those prohibited by law, and related right to demand;

81.1.5.Other intangible property of debtor.

81.2.In making deductions from debtor’s intangible property, this law and rules set forth in other laws.

81.3.Cabinet may endorse regulation for deducting from some types of intangible assets consistent with legislations.

Article 82.Deducting from debtor’s right to demand

82.1.If creditor agrees, debtor’s (rights holder) right to demand may be transferred to the creditor within the scope of obligations set forth in the execution document. In this case, obligation bearer- third party shall transfer the performance of duties to either court decision enforcement agency or creditor, and shall be considered as deducted from the obligation of debtor- rights holder.

82.2.It is prohibited to deduct from right to demand in the following cases:

82.2.1.Period to demand the fulfillment of obligations from the duty bearer has expired;

82.2.2.Obligation bearer-third party is located in foreign jurisdiction that has no mutual legal assistance agreement with Mongolia;

82.2.3.Bankruptcy case started or liquidation started on the obligation-bearer-third party;

82.2.4.Obligation bearer- third party abolished or operations ceased;

82.3.Bailiff shall make an order to deduct the obligatory amount from the rights to demand, held by debtor, and deliver the order to the obligation bearer- third party.

82.4.Decision, stated in Article 82.3 of this law, shall reflect an obligation to transfer the fulfillment of obligation to court decision enforcement agency, or to transfer to the creditor with permission from the bailiff and not to modify the terms and conditions of the agreement that is made before the decision is made.

82.5.As stated in Article 82.4 of this law, the transfer of fulfillment of obligation shall be considered as the obligation bearer fulfilled its duty to the rights holder-debtor.

Article 83.Deducting from property of debtor, possessed by third party

83.1.Deduction from property of holder, possessed by third party, shall be made on the ground stated in this law, complying with rules set forth in this law.

Article 84.Deducting from debtor’s property on lien of others

84.1.In the event that property of debtor is not sufficient to fulfill the demand in the execution document, payment shall be deducted from his/her property given as line to other persons.

84.2.Bailiff shall make deduction from property on lien of others according to the following rules in order to satisfy the demand in the execution document:

84.2.1.Unless otherwise stated in the law, make a decision and deliver to state registration agency requesting seize the property from lienholder, safeguard the property and make remarks in the registry;

84.2.2.Transfer the property in lien and its documents to lienholder in order to get the selling operations made in accordance with the law;

84.3.Grounded on request from creditor or lienholder, bailiff shall shall make a decision to sell the property on lien according to rules set forth in this law, or shift to creditor by deducting the property for the due obligatory payment.

84.4.In case that lienholder and creditor are the same person, as specified in the execution document, payment shall be deducted from the property on lien regardless the debtor has other property or not.

84.5.Property on lien shall be sold according to rules set forth in the law.

84.6.After selling the property, costs associated with civil decision enforcement process shall be deducted first, and then satisfy demand from lienholder and fulfill the demand from creditor from the proceeds.

84.7.Securities on lien of others shall be frozen according to rules set forth in Article 51 of this law.

Article 85.Registration of property title of creditor

85.1.In order to register the property title, which is transferred to creditor according to requirements of the execution document, bailiff shall deliver necessary documents and address to state registration agency in the following cases:

85.1.1.Execution document specifies that the property should be transferred to the creditor;

85.1.2.With proposal from bailiff, creditor accepted the debtor’s property for the due receivable.

85.2.Costs associated with property registration, stated in Article 85.1 of this law, shall paid by the creditor and it shall not be considered as part of the civil decision enforcement operations.

CHAPTER SEVEN

ENFORCING DEBT PAYMENT FROM DEBTOR-INDIVIDUAL

Article 86.Enforcing debt payment from debtor-individual’s monetary and other assets

86.1.Payment shall be collected from pecuniary assets of debtor-individual’s savings and current account in the banks and other authorized legal entities, or securities, movable and immovable property and other types of property.

86.2.Grounded on the execution document, payment shall be enforced from cash, pecuniary assets of debtor-individual’s savings and current account in the banks and other authorized legal entities and other precious items.

86.3.In case that debtor’s salary and other incomes directly transferred to savings and current account in the banks and other authorized legal entities, part of the income that are prohibited to deduct for payment shall be left and remaining amount shall be transferred to the court decision enforcement agency bank account.

86.4.In case that debtor-individual has no pecuniary assets or the pecuniary assets is insufficient to satisfy the demand set forth in the execution document, payment shall be enforced from the other property of debtor, stated in Article 86.1 of this law.

86.5.In case that assets and properties, stated in Articles 86.2 and 86.4 of this law, are insufficient to satisfy the demand, payment shall be enforced from the property jointly owned or partly owned (joint tenancy and tenancy in common) that belongs to the debtor.

86.6.In case that payment is enforced from property of debtor that had joint tenancy and tenancy in common, as specified in Article 86.5 of this law, bailiff shall freeze the property according to rules set forth in this law.

86.7.Creditor shall address to the court requesting to determine share and percentage of debtor’s ownership in the property.

86.8.In case that creditor shall have a rights to demand to sell the property and demand satisfy the payment from proceeds in case that creditor refuse to sell the portion of debtor’s property in common and joint tenancy to other owners or the joint and common tenancy owners refuse to buy share of the debtor.

86.9.Any agreement that debtor makes in order to avoid from enforcement of court decision and to conceal the property that might be deducted from due payment shall be void as specified in Article 56.1 of the Civil Code and creditor shall have a right to claim compensation for the loss and damage and removal of consequences of such acts.

86.10.Debtor, after receiving property inherited to him/her, may request deduction of payment set forth in the execution document from the inherited property.

86.11.Payment may be enforced from precious metal and gems in debtor-individual’s savings and current account in the banks and other authorized legal entities, cash and transactions that debtor made to other and vice versa.

Article 87.Assets that are prohibited from enforcing payment

87.1.Following assets of debtor that are necessary for living of the debtor, shall not be seized to satisfy due payment:

87.1.1.Necessary food and foodstuff, kitchen utensils;

87.1.2.One set of clothes for each season;

87.1.3.Wood and fuel for consumption during cold season;

87.1.4.Animal and seeds that ensure minimum livelihoods standard, if debtor is engaged in animal husbandry and crop planting;

87.1.5.Items that are necessary for the debtor-citizen for maintaining professional work and production.

87.2.In case that value of the items, stated in Article 87.1.5 of this law, is higher than the amount specified in execution document, these items may be substituted with other replaceable items.

Article 88.Types of incomes that are prohibited from enforcing payment

88.1.It is prohibited to collect payment from following incomes of debtor-citizen:

88.1.1.Aid, allowance and donation provided during disasters, dangerous events, accidents and force majeure;

88.1.2.Additional salary for extra time work, one time incentive, unemployment allowance;

88.1.3.Allowances for temporary disability (loss of working capability), pregnancy and child care disbursed according to Law on Pension and Allowances from the Social Insurance Fund;

88.1.4.Reimbursement paid to the blood donors;

88.1.5.Allowances provided for additional food, sanatorium and treatment, and prosthesis;

88.1.6.Pension and allowance for disability and death of caretaker and guardian;

88.1.7.Child money allowance and scholarship from training institutions;

88.1.8.Compensation paid for damages to health;

88.1.9.Pension and allowances provided according to labor codes.

Article 89.Enforcing payment from debtor’s salary and other incomes and deduction

89.1.Percentage of payment to be enforced from the salary and incomes shall be set by the bailiff taking into account of financial capacity of debtor and creditor, and other circumstances.

89.2.Bailiff shall deliver a notification to the employer of debtor or person or legal entity giving allowance and pensions to deduct the due payment from salary and incomes of debtor.

89.3.Individuals, legal entities and official, when they receive formal notification of the bailiff, shall develop schedule for monthly deduction from debtor’s salary and incomes and shall transfer the deducted amount within three working days to the bailiff.

89.4.Costs associated with transactions stated in Article 89.3 of this law shall be paid by the debtor.

89.5.In case that the debtor is dismissed, the person that received the notification, stated in Article 89.2 of this law, shall produce final calculation of deductions within 7 days after dismissal, and shall return the notification to the bailiff stating which employer the debtor was transferred to.

89.6.Debtor shall be responsible to immediately notify the bailiff of address of his/her new employment and the address of other organizations that he/she receives income and wages.

89.7.Payment shall be enforced from the debtor’s salary and other incomes in the following cases:

89.7.1.Enforcing payment that are scheduled to be paid regularly;

89.7.2.Debtor was found to have no property or the existing property found insufficient to satisfy demand set forth in the execution document.

89.8.In deducting payment from debtor’s salary and other incomes, deduction shall be made from the remaining amount after social insurance premium and taxes.

89.9.Income, stated in Article 89.7 of this law, also refers to salary and other income generating in the future.

89.10.If the debtor receives salaries and other income, or receives wages by property/items, all these shall be calculated cumulatively.

89.11.Court shall not accept claim on enforcing payment from salary and incomes and deducting from salary and incomes.

89.12.Amount of one time enforcement of payment from a debtor according to several execution documents shall not exceed 50% of salaries and wages. Payment shall be deducted until the demand, set forth in the execution document, is satisfied.

Article 90.Enforcing child alimony payment

90.1.Child alimony shall be enforced from debtor’s salary, other incomes, as well as from pecuniary and other assets specified in the court decision.

90.2.In the enforcement of child alimony payment from debtor’s salary, other incomes, as well as from pecuniary and other assets, rules set forth in this law shall be complied with.

90.3.If debtor agrees, bailiff may enforce payment of child alimony on monthly, quarterly, semi-annual, or annually, or as one time lump sum in pecuniary or property forms.

90.4.In addition to Article 33.2 of this law, debtor must notify to the court decision enforcement agency and creditor in case the debtor leaves for foreign country for permanent residence, within three working days.

90.5.In case the debtor leaves for permanent residence in foreign country, bailiff shall get guarantees for enforcement of court decision according to rules set forth in this law.

90.6.Bailiff shall retrospectively enforce the unpaid part of the child alimony from the debtor regardless of time and period.

90.7.In case that debtor becomes unable for employment/labor, debtor may request curt for exemption from part of the alimony for that period or or for full exemption.

Article 91.Enforcing the unpaid difference of alimony and penalties imposed for avoidance from enforcement of court decision

91.1.In case that the alimony is paid once in large sum for the period specified in Article 90.3 of this law and minimum wage and livelihoods standard line are changed during the past period, creditor shall have a right to claim the difference.

91.2.Persons, legal entities and debtors that failed to enforce the court decision for no reasonable grounds, avoided from paying alimonies on the grounds of unemployment despite it is found that the person has working capacity, and made intentional impediments to enforcement of court decision shall be punishable by penalties set forth in the law.

Article 92.Enforcing payment from wages of debtor in incarceration

92.1.Due payment from the debtor in prison shall be enforced from his/her property and if there is any remaining unpaid balance, a notification shall be sent to the administration of the incarceration unit requesting to deduct from labor wages in order to enforce the remaining unpaid due amount.

92.2.Administration of incarceration unit that received the notification shall deduct from said prisoner’s wages on monthly basis and transfer to the civil decision enforcement department.

92.3.In making deductions from the wages and other incomes of prisoners, limitations in this law shall not apply.

CHAPTER EIGHT

ENFORCING DEBT PAYMENT FROM DEBTOR-LEGAL ENTITY

Article 93.Enforcing payment from pecuniary assets of debtor-legal entity

93.1.In case that the pecuniary assets of the debtor-legal entity is insufficient to pay, payment shall be enforced from transactions that belongs to the ownership of debtor or other assets except those restricted for inclusion in transactions. In this case, the location and purpose of the asset shall not apply.

93.2.In case that the designated pecuniary funds in the bank account of the debtor-legal entity, which is financed from the state budget, is insufficient to cover the payment, the amount shall be included in the following year budget and payment shall be paid accordingly.

93.3.In case that the debtor is a bank, payment shall be deducted from its account at the Central Bank, freeze the outgoing transactions for the amount equal to demand in the execution document.

93.4.In case that total asset of the debtor is found insufficient to satisfy demand set forth in the execution document, issues related to getting the payment from legal entity’s founders and shareholders property shall be resolved according to legislations regulating the property related liabilities of founders and shareholders.

93.5.In deducting from the assets of debtor-legal entity, deduction shall not be made from the assets of other persons that gave their property for storage at the debtor or on behalf of the persons that own account for payment settlement and transaction purposes.

93.6.Rules set forth in this Article shall also be applied on enforcement of civil decision on debtor-individual that runs private businesses.

93.7.Debtor-legal entity shall be obliged to inform about civil decision enforcement process, stated in this law, to its lenders, investors, shareholders, and founders and shall be obliged to inform the state registration agency and tax administration about the changes in property/asset due to civil decision enforcement.

93.8.In case that decision enforcement operations seriously affects solvency of debtor-legal entity, bailiff shall be liable to notify about it to the party that is authorized to lodge claim for bankruptcy case regarding the civil decision enforcement operations.

Article 94.Sequence for seizure, sale and deduction of property of debtor- legal entity

94.1.In case that the debtor-legal entity does not own pecuniary assets to satisfy the demand set forth in the execution document, an operation to seize, sell and deduct the following properties regardless who owns the said property:

94.1.1.Pecuniary asset, movable property that does not have direct relevance to production of goods and execution of services, securities, ready-made products, other materials that are not directly used for production and service and other valuables;

94.1.2.Title of property that does not have direct relevance to production of goods and execution of services;

94.1.3.Immovable property that does not have direct relevance to production of goods and execution of services;

94.1.4.Movable and immovable property that have direct relevance to production of goods and execution of services, inventory, materials, other raw materials, equipment, machinery and securities.

Article 95.Enforcing payment from pecuniary and other assets of debtor-legal entity, possessed by other parties

95.1.Payment may be enforced from bank account of the debtor-legal entity, precious metals, hems and securities in bank storage, pecuniary assets and from non-cash transactions that debtor-legal entity paid to others and vice versa.

Article 96.Freezing immovable property of debtor-legal entity

96.1.Bailiff shall freeze immovable property of debtor- legal entity according to Article 49 of this law and shall deliver a notification to the state registration agency.

96.2.Notification shall reflect information on the value, quantity, size, location and amount that the debtor is obligated to pay.

96.3.Copy of the notification shall be sent to the tax administration.

96.4.When the state registration agency receive notification, stated in Article 96.1 of this law, shall deliver information (reference) on the status of registration of the said property, within 3 working days to the court decision enforcement agency.

Article 97.Enforcing payment at the period of re-structuring the debtor-legal entity

97.1.In case that the debtor-legal entity is re-structured through merger, acquisition, spin off and re-structuring, payment shall be enforced from pecuniary assets of the entity according to articles of Civil Code.

Article 98.Enforcing payment at the period that debtor-legal entity conclude/ cease its operations

98.1.In case that the operation of debtor-legal entity cease due to liquidation or bankruptcy, decision enforcement operation shall be suspended, and execution document shall be transferred to the liquidation committee or administrator.

98.2.In the event that bankruptcy case is initiated on the debtor-legal entity, bailiff shall terminate part of his/her decision freezing, collaterizing and seizing assets exceeding the demand set forth in the execution document, and shall notify it to the administrator handling the bankruptcy case.

98.3.In case that the total value of frozen, collaterized and seized property does not exceed the amount obligated by execution document, bailiff shall make a decision to coercively sell or to transfer for the payment.

98.4.Execution document, which is satisfied, shall be delivered to the administrator for bankruptcy case or liquidation committee.

98.5.No measures stated in Article 44.2 of this law shall be taken after the bankruptcy case is initiated on the debtor-legal entity. In case the execution document is released after the liquidations of debtor-legal entity commenced or bankruptcy case started, or court decision enforcement process not undertaken according to the submitted execution document, execution document shall be transferred to the liquidation committee or administrator.

98.6.Having received the execution document, liquidation committee or administrator shall transfer the payment either to creditor or court decision enforcement agency according to rules set forth in Civil Code and Law on Bankruptcy.

98.7.In case that the debtor-legal entity implemented re-capitalization plan and become solvent, but failed to pay the obligation payment when the plan period expires, administrator shall transfer the execution documents to the court decision enforcement agency.

98.8.With request from creditor, bailiff may check the measures taken by administrator or liquidation committee for satisfying the demand of the execution document whether they were compliant with law.

CHAPTER NINE

CIVIL DECISION ENFORCEMENT OPERATION SATISFYING NON-PROPERTY RELATED DEMAND

Article 99.Enforcement of decision obligating the defendant to commit certain acts or refrain from committing certain acts

99.1.Debtor shall have an duty to immediately fulfill the non-property obligation set forth in the court decision.

99.2.In case certain period is required to fulfill the obligation or curt decision specifies certain period for fulfillment of the obligation, debtor shall fulfill the obligation within the period set forth in the execution document or within normal possible time frame to fulfill the obligation.

99.3.In the event that debtor failed to voluntarily fulfill the obligation and court has issued execution document, bailiff shall inform the debtor on commencement of civil decision enforcement process, set time period for voluntarily fulfilling the obligation set forth by the execution document within the scope of the law and remind that the decision shall be enforced forcibly without prior warning to debtor if debtor fails to voluntarily fulfill.

99.4.When it becomes evident that debtor failed to voluntarily fulfill the obligation set forth in the execution document and in case that setting time period for fulfillment as specified in Article 99.3 of this law poses risk to civil decision enforcement, bailiff shall immediately commence enforcement operation.

Article 100.Enforcement of decision on eviction from building and accommodation, eviction of building, warehouse and land, and demolition of premises

100.1.When debtor, or evictee, and his/her family member free building, warehouse and premises from their property, animals and pets and debtor, or evictee, is prohibited to use and possess the evicted building again and formally transferred to the creditor, obligation for eviction, set forth in the execution document, shall be considered as enforced.

100.2.When debtor, or evictee, are evicted the land freeing it from movable and immovable property, and debtor, or evictee, is prohibited to use and possess evicted land again and formally transferred to the creditor, obligation for land eviction, set forth in the execution document, shall be considered as enforced. Demolition of building and premises of the debtor, or evictee, on the land shall be enforced in case it is specifically reflected in the execution document.

100.3.By demolition or disassembly of buildings and premises, specified in the execution document, and removing the construction debris from the evicted land, obligation for coercive demolition of building and premises, stated in the execution document, shall be considered as enforced.

100.4.In case that debtor does not fulfill the termed notification on eviction, bailiff shall deliver notification clearly stating the date and time of eviction to the evictee.

100.5.In performing operations, stated in Article 100.1 and 100.2 of this law, bailiff shall ensure presence of debtor-evictee, no less than two third party witnesses. If deemed necessary, representative of housing association, bagh and khoroo governors. If necessary, bailiff shall ensure storage of property that not transferred to the responsible owners and debtor shall be liable for the associated costs.

100.6.IN case that the debtor does not take back the property, specified in Article 100.5 of this law, within 2 months, bailiff shall provide prior notification to debtor and sell the property according to rules set forth in the law. Proceeds from sale of property shall be spent for satisfying the demand set forth in the execution document and paying the cost of civil decision enforcement, and remaining balance shall be returned to the debtor.

100.7.In performing the operations specified in this Article, bailiff may get assistance from police and other professional agencies. Costs associated with getting assistance shall be considered as inclusive to the civil decision enforcement cost.

100.8.Evictee is not present in the building or premise at the time specified in the eviction notice, for no reasonable grounds, or building or premise is being used by others shall not impede the enforcement of court decision.

100.9.In cases specified in Article 100.8 of this law, the items and property of the evictee shall be sealed and transferred to appropriate person for storage and building and premises shall be evicted.

100.10. oercive eviction may be carried out at any season of the year, and this operation may be suspended on the grounds, stated in Article 27.2.4 of this law.

100.11.With permission from creditor, bailiff may get the costs for measures specified in Article 100.7 of this law for the creditor, and may compensate the creditor from the payment of costs for decision enforcement process.

Article 101.Enforcement of decision to admit the creditor to the building and premises

101.1.With admitting and locating the creditor in the building and premises, which are specified in the execution document, and creating conditions and opportunities for further normal use, the obligation to admit to buildings and premises, as specified in the execution document, shall be considered as enforced.

Article 102.Enforcement of decision to transfer child to parents, guardian and care-takers and allowing to meet them

102.1.In the event that court decision obligating certain acts or omissions such as decision to transfer child to parents, guardian and care-takers and allowing to meet them is not fulfilled by debtor on time, bailiff shall forcibly enforce the decision.

102.2.When transferring child to parents, guardian and care-takers, child shall be given for the person authorized by the execution document, and when necessary, with presence of representatives of police, child rights organization and other government and non-government organizations.

102.3.Bailiff shall facilitate agreement and consensus between parties on enabling the person authorized by the execution document to meet the child, consistent with the court rulings, and completion of this action shall be considered as the court decision enforced.

102.4.Bailiff shall oversee the implementation of agreement, made in compliance with Article 102.3 of this law. In case debtor violates the contract, which is made with the purpose of satisfying the demand set forth in the execution document, and decided whether to restore civil decision enforcement process according to rules set forth in the law, and start over the operation.

Article 103.Enforcement of decision to reinstate the wrongfully dismissed, fired and transferred employees

103.1.For the court ruling obligating to reinstate the employees that are wrongfully dismissed, fired and transferred to other jobs to their previous positions, employer shall be responsible for within the subsequent working day after the day that court decision became legally binding.

103.2.In case that employer fails to fulfill the obligation within the period specified in Article 103.1 of this law, bailiff shall deliver notification on coercive enforcement to the employer, and if the employer fails to fulfill, bailiff shall forcibly enforce the decision according to rules set forth in this law.

103.3.Employer that received the notification shall terminate the predicate decision and reinstate the employee to his/her previous job; with this the demand set forth in the execution document shall be considered as satisfied.

103.4.In the event that the court decision is unable to be enforced due to liquidation or re-structuring of the legal entity, bailiff shall make an order to return the relevant documents to court and shall transfer to the senior bailiff.

103.5.If the previous position and workplace for the employees, except those stated in Article 103.4 of this law, are cut or downsized, employer shall be liable for employing the employee on the position similar to previous job and position, grounded on agreement with the employee.

CHAPTER TEN

ALLOCATING THE PECUNIARY FUNDS SEIZED FOR PAYMENT AND SATISFYING CREDITOR’S DEMAND

Article 104.Transferring the asset, set forth in the execution document, to creditor

104.1.Bailiff shall seize the property, specified in the execution document, from the debtor, transfer to creditor and take notes on the processes.

104.2.Certain property that is specified in the court rulings being possessed or used by others shall not impede the enforcement of the decision.

Article 105.Allocating pecuniary funds collected for payment

105.1.Pecuniary funds, collected as a result of the civil decision enforcement process, subject to transfer to the creditor shall be transferred within 3 working days.

105.2.Bailiff shall get the costs for civil decision enforcement paid first from the pecuniary finds, collected from debtor (including the proceed from selling the properties of debtor), and transfer the remaining amount to the creditor.

105.3.After satisfying the demand, set forth in the execution document, remaining balance shall be returned to the debtor.

105.4.In case that collected pecuniary fund is insufficient to satisfy the demand from several creditors simultaneously, sequence, set forth in Article 112 of this law, shall be complied with to satisfy the demand, set forth in the execution document.

Article 106.Rights associated with properties sold by third person holding the right to independent demand

106.1.Third person holding the right to claim an independent demand shall have a right to lodge a claim to the court of a place where the property is located claiming to satisfy his/her demand from the proceeds of the sold property.

Article 107.Bailiff accepting cash

107.1.When bailiff receives a cash or pays creditors in cash, receipt slip shall be made in two copies, clearly state the date, signed by parties and each party having one copy.

107.2.Cash receipt slip shall be numbered and printed form.

107.3.Cash receipt slip shall not have any corrections.

107.4.Bailiff shall release received cash to creditor within 24 hours in urban areas and within 72 hours in rural areas, or shall transfer to the bank account of court decision enforcement agency.

107.5.Foreign currency exchange rate shall be calculated by the bank of Mongolia official rate of the day that court ruling is made.

Article 108.Paying the enforced payment

108.1.Bailiff shall either transfer the payment to the creditor’s bank account or pay in cash, and in cases that the bank account number is unclear, it shall be transferred to the bank account of the court decision enforcement agency.

108.2.For the creditor residing in foreign jurisdiction, court decision enforcement agency shall make the payment through the international bank transfer and regulation on transaction shall be endorsed jointly by Cabinet Member in charge of justice and President of the Central Bank.

Article 109.Payment from bank account of the court decision enforcement agency

109.1.Provided that money comes into the bank account of curt decision enforcement agency, bailiff shall immediately start notifying the creditor and releasing funds, and shall take measures to clarify of the name of recipient and domicile are unclear or transferred to incorrect account.

109.2.Debtor transferring money to the bank account shall be responsible to clearly indicate the pater’s and recipient’s name and address and any costs incurred due to incorrect address shall be paid by the person guilty.

Article 110.Paying child alimony

110.1.Child alimony shall be paid complying with the following rules:

110.1.1.Person or legal entity that deducted the amount from debtor’s salary and incomes shall either pay in cash to the creditor or transfer to savings or current account of the creditor;

110.1.2.Funds paid to the bank account of the court decision enforcement agency shall be paid to the creditor either through the bank as cash or transfer to savings account or other bank account that the creditor assigned;

110.2.Property that seized from debtor for the amount of alimony shall be sold according to rules set forth in this law or shall be transferred to creditor.

Article 111.Making partial payment

111.1.In case that the amount collected from debtor is insufficient to satisfy the demand from creditors, payment may be made with partial installments.

Article 112.Sequence for satisfying demand from several creditors

112.1.In the event the funds and property collected by the bailiff from debtors (according to one execution document) is insufficient to satisfy the demand from several creditors, the payment shall be made to creditors on pro rata basis.

112.2.Payment for child alimony, payment restituting damages/losses to person’s life and health shall be paid first regardless of the sequence.

112.3.Payment to several creditors with several execution documents related to property shall be made according to sequence that the execution documents are registered at the court decision enforcement agency and the principle “fully satisfy demand of the first document, then second” shall be pursued.

112.4.In case that satisfying demand of the second execution document does not have any relevance to satisfying demand of the first document, sequence in Article 112.3 of this law shall not apply.

Article 113.Finalization of payment

113.1.Once the pecuniary funds and properties, stated in the court decision, are collected from debtor through enforcement, it shall be considered that the payment obligation is met.

113.2.Property transfer document shall be handed over to the creditor and execution document shall be closed.

Article 114.Storing funds in the bank account of curt decision enforcement agency

114.1.Money that is not paid to creditor for the creditor’s address is unclear, shall be stored in the bank account of the court decision enforcement agency for the following period after it is announced to the public:

114.1.1. 3 years for money designated to pay to individuals;

114.1.2. 1 year for money designated to pay to legal entities.

114.2.it is prohibited to spend money in the bank account of court decision enforcement agency for purposes other than satisfying the demand set forth in the execution document.

114.3.After the periods, specified in Article 114.1 of this law, expire, money shall be transferred to the state budget.

114.4.In case creditor’s address becomes clear or creditor makes request, money transferred to the state budget as specified in Article 114.3 of this law shall be paid regardless of period.

CHAPTER ELEVEN

CIVIL DECISION ENFORCEMENT RELATED TO FOREIGN CITIZENS, STATELESS PERSONS AND INTERNATIONAL ORGANIZATIONS

Article 115.Civil decision enforcement related to foreign citizens, stateless persons and international organizations

115.1.For enforcing court decision related to assets and properties of foreign citizens, stateless persons and foreign country in the territory of Mongolia and decisions related to international organizations and their properties, international treaties that Mongolia is Party to, and common regulations set forth in this law shall be applied.

115.2.Bailiff, before undertaking civil decision enforcement process on the assets and property of foreign citizens and foreign country in the territory of Mongolia and property of international organization and diplomatic missions, shall determine if the said property has immunity and privileges according to international agreement that Mongolia is Party to.

115.3.In order to determine the state, specified in Article 115.2 of this law, information may be sought from central state administrative agency in charge of foreign affairs through the central state administrative agency in charge of justice.

115.4.In case that the issue/status, specified in Article 115.2 of this law, is determined in the process of dispute adjudication, bailiff shall not undertake the operation stated in Article 115.3 of this law.

115.5.For enforcement of decisions involving foreign citizens, stateless persons, foreign and international organizations and Mongolian citizens permanently residing in foreign jurisdiction, duty of collecting on information on the assets and property of debtor and execution documents shall be transferred to agencies in foreign jurisdictions, where the debtor permanently resides or the property is located, with functions of enforcing court decisions, according to international treaties that Mongolia is Party to.

Article 116.Enforcement of decision of foreign court, international court and arbitration award

116.1.Regulations for enforcing decision of foreign court, international court and arbitration awards in the territory of Mongolia shall be determined by this law and international treaties that Mongolia is Party to.

Article 117.Freezing assets/property of foreign country and international organizations

117.1.Unless a ground for prohibiting undertaking of civil decision enforcement is found in international treaties that Mongolia is Party to, operations to freeze, seize and deduct for payment obligations of the foreign country property shall be undertaken according to rules set forth in international treaties that Mongolia is Party to.

117.2.In order to identify if the debtor-foreign country owns assets and properties in the territory of Mongolia, references and certifications shall be retrieved from respective government agencies and officials.

117.3.In case that grounds making it impossible to enforce civil decision related to foreign citizens, stateless persons, foreign organization, international organization and their property/assets are found according to the in international treaties that Mongolia is Party to, civil decision enforcement process shall conclude.

CHAPTER TWELVE

COSTS FOR CIVIL DECISION ENFORCEMENT AND TERMINATION OF ENFORCED DECISION

Article 118.Costs for civil decision enforcement

118.1.Civil decision enforcement cost refers to costs, stated in this law, necessarily incurred by the court decision enforcement agency for enforcing civil decision.

118.2.Following expenses shall be classified as civil decision enforcement cost:

118.2.1.Expenses incurred on freezing, taking as collateral, seizing, storing, transporting, transferring and selling the property of debtor;

118.2.2.Expenses incurred on investigating and locating the debtor and property that debtor concealed;

118.2.3.Fee for other participants to civil decision enforcement process, except the parties to civil decision enforcement, participated in the enforcement process according to regulations;

118.2.4.Expenses incurred in parcel, postal and communication services, and transfer of property to creditor;

118.2.5.Expenses incurred on other activities made during the civil decision enforcement process.

118.3.bailiff shall charge the expenses for civil decision enforcement process from the creditor and transfer to the bank account of court decision enforcement agency.

118.4.When the civil decision enforcement process concludes, expenses for the civil decision enforcement process shall be collected from debtor as reimbursement and pay to creditor and other parties.

118.5.In case that the demand is satisfied partly, parties shall pat the expenses for civil decision enforcement pro rata.

118.6.In case there are several debtors and creditors, expenses for the civil decision enforcement shall be paid by these parties.

118.7.Expenses of civil decision enforcement process for cases related to care-taking duties, compensating the damages to life and health of a person and enforcement for insolvent creditors shall be paid from the state budget.

118.8.If the civil decision enforcement process concluded on the grounds stated in Article 29.1.1 of this law, related costs shall be financed from the state budget.

118.9.Regulation for calculating, spending and refunding the civil decision enforcement expenses shall be approved jointly by Cabinet Ministers responsible for justice and finance, respectively.

118.10.Decision on refund payment of civil decision enforcement expenses shall be made by senior bailiff grounded on proposal from the bailiff.

118.11.Information on expenses of civil decision enforcement process shall be disclosed to all parties of the enforcement process throughout the entire enforcement period.

Article 119.Terminating the enforced decision

119.1.In case that the enforced decision becomes void, property paid to creditor according to that decision shall be returned and paid to the debtor, if it is impossible, value of the property shall be set as of the period of return and creditor shall transfer the said amount to the debtor.

119.2.In case that civil decision enforcement process concluded due to execution document becomes void, expenses for decision enforcement process shall be paid from the state budget.

CHAPTER THIRTEEN

PROTECTING THE RIGHTS OF PARTICIPANTS TO CIVIL DECISION ENFORCEMENT AND OTHER PARTIES

Article 120.Protecting the rights of creditor in case legal entities fail to deduct payment on time

120.1.In case that the set deduction of payment is not made due to faulty act of the legal entity, penalties, set forth by law, shall be imposed to the legal entity.

Article 121.Protecting the rights of creditor in case deduction not made in the stipulated time according to the execution document

121.1.In case obligatory deduction is not made due to faulty acts of responsible legal entity on time, as set forth in the execution document and decision by bailiff, creditor shall exercise a right to lodge a claim for restitution of damages from the guilty persons.

Article 122.Court claims during civil decision enforcement process, scope and jurisdiction of adjudicating the claim

122.1.In case a dispute arises regarding the ownership title of the property, seized for payment, respective persons and legal entities may lodge their claim to the court asking to remove the property from list of frozen assets and to exempt from the enforcement process.

122.2.Persons and legal entities my lodge their claim to the court demanding restitution of their damage due to civil decision enforcement process, implemented illegally.

122.3.Articles 44.3 and 63.4 of this law shall not apply to third party authorized to independently lodge a demand submitting claim to the court on issue of violating his interests.

122.4.Scope of adjudication of claim, lodged according to Articles 55.7 and 122.1 of this law, shall be limited by the subject matter of the claim and shall not content of the decision, stated in Article 6.2 of this law, which serve as the grounds for civil decision enforcement.

122.5.Third party exercising right to independent claim and participants to the civil decision enforcement may lodge their claim on the civil decision enforcement process, grounded on Articles 6.2.1 and 6.2.2 of this law, to the court that adjudicated the relevant civil case, claim on the civil decision enforcement process, grounded on Articles 6.2.3 and 6.2.4 of this law, to the court that issued execution document, and claim on civil decision enforcement process, grounded on Articles 6.2.5 and 6.2.6 of this law, in compliance with common regulations set forth in Civil Procedure Code.

PART THREE

ENFORCEMENT OF COURT DECISION ON ADMINISTRATIVE AND MISDEMEANOR CASES

CHAPTER FOURTEEN

ENFORCEMENT OF COURT DECISION ON ADMINISTRATIVE CASES

Article 123.Enforcement of court decision on administrative cases

123.1.Case participants and their inheritors/successors shall be obliged to implement the legally binding decision made by the administrative court.

123.2.Decision made by administrative agency shall be enforced according to this law and regulation stated in Chapter Eight of the General Administrative Law.

123.3.In case that defendant fails to implement the court decision on administrative cases, plaintiff shall address to court for coercive enforcement and get an execution document issued.

Article 124.Period to initiate administrative decision enforcement process

124.1.Unless otherwise stated in the law, administrative decision enforcement process shall not be initiated in case the following periods expire:

124.1.1. 3 years after the decision stated in Articles 6.3.1, 6.3.3 and 6.3.4 of this law, becomes legally valid;

124.1.2.Period for legal validity for decisions, stated in Articles 6.3.2 of this law, expired.

124.2.In the event that plaintiff was found to exceed the period, stipulated in Article 124.1.1 of this law, for the respectable reason, the period may be restored according to regulation set forth in Article 14.6 of the Administrative Procedure Law, and plaintiff shall address to the court for issuance of execution document within 3 months after the date of the decision on this matter.

124.3.Period that plaintiff used for avoiding from satisfying the demand set forth in the execution document shall not be included in the period, stated in Article 124.1.1 of this law.

124.4.In case that execution document returned to plaintiff or administrative decision enforcement process suspended, the period shall be counted according to provisions in Article 18.7 of this law.

Article 125.Execution document, requirements on the execution documents

125.1.Execution document refers to execution sheet, issued by court based on decision stated in Article 6.3.1, 6.3.2 and 6.3.3 of this law, and court decision/rulings, stated in Article 6.3.4 of this law.

125.2.Execution documents shall meet the requirements specified in Article 20.1 and 20.2 of this law.

Article 126.Direct issuance of execution sheet

126.1.In the following cases, execution sheet for enforcement of court decision shall be issued directly:

126.1.1.Court decision on reinstating the plaintiff on the job and position previous held;

126.1.2.Court decision on paying compensation for unlawful dismissal, firing and transfer;

126.1.3.Court decision on suspending the enactment of administrative act;

126.1.4.In case that serious damages ciuld be inflicted to individuals and legal entities due to period for enforcement of court decision, at request from the relevant party;

126.1.5.Other cases stated in law.

Article 127.Issuing an execution sheet

127.1.Case participants shall lodge their request for coercive enforcement of the legally binding decision to the court that adjudicated the administrative case at the first instance.

127.2.After producing an execution sheet, judge shall set the period for voluntary implementation of the court decision as up to 30 days, and deliver a notification to the defendant.

127.3.Notification from the court, specified in Article 127.2 of this law, shall state the date to commence the coercive enforcement of court decision, measures in case of failure to implement the decision within the stipulated period and potential penalties.

127.4.Court shall deliver the execution document and copy of the notification to the court decision enforcement agency within 3 working days after formulating the execution sheet.

127.5.In case that the content of the execution document, methods for enforcement and regulations are unclear, bailiff shall have a right to address to the issuing court, agency and officials for interpretation and clarifications.

Article 128.Overseeing the implementation of court decision on the administrative case

128.1.All level governors, central state administrative agencies and the Cabinet shall oversee the implementation and enactment of court decision by their lower level agencies and officers, within their power set forth by law.

128.2.Central agency for enforcement of court decision shall present the Governors of aimags and capital city, Cabinet members, heads of government agencies and other officers appointed and dismissed by Cabinet and officers appointed and dismissed by Parliament to Law Standing Committee of Parliament that failed to implement the court decisions, through the Cabinet members responsible for justice.

Article 129.Initiating decision enforcement process

129.1.If there is not ground to return the execution document according to Article 20.3 of this law, senior bailiff shall open a file for administrative decision enforcement process within 3 working days after receipt of the execution documents, make an order to commence a administrative decision enforcement process and assign the enforcement duty to the bailiff of the respective district.

129.2.No claim shall be made to the court against the order to commence an enforcement process on the legally valid court decision.

129.3.Jurisdiction for enforcement of administrative court decisions shall be determined according to Article 22 and 24 of this law.

Article 130.Suspending and resuming/restoring the administrative decision enforcement process

130.1.In case that a request is submitted to review the decision, which is the main rationale for the execution document, due to newly occurred circumstances, judge may suspend, fully or partly, the administrative decision enforcement process until the legally binding court rulings is released reviewing the previous decision.

130.2.Senior bailiff shall suspend, fully or partly, the administrative decision enforcement process on the following ground for the following period:

130.2.1.In case plaintiff-citizen is announced deceased, is considered as missing or having no legal capacity, defendant- legal entity and plaintiff- legal entity abolished or re-structured, until relevant rights and responsibilities formally transfer to successors, or until civil rights are transferred to successor for missing persons or care-taker/guardian of legally incapable citizen are formally appointed;

130.2.3.In the event that a criminal investigation is underway in relation to the administrative court decision enforcement operation, until the case is fully resolved;

130.2.4.In case that the compliant is lodged to court or higher level officer on the administrative decision enforcement operation according to rules and grounds set forth in this law and court or upper level officer, considering the complaint as grounded, commenced the review proves, until the compliant is fully resolved;

130.3.It is prohibited to suspend the administrative decision enforcement process on the grounds other than those stated in Article 130.2 of this law.

130.4.In case that the grounds stated in Articles 130.2 of this law, are removed, senior bailiff shall made a order to resume the enforcement process in response to request from plaintiff or bailiff.

Article 131.Concluding administrative decision enforcement process

131.1.On the following grounds, senior bailiff shall conclude the administrative decision enforcement operations, fully and partly, and close the file for administrative decision execution operation:

131.1.1.Court, other agencies or officials made a decision invalidating the execution document or a decision that the document is grounded;

131.1.2.Plaintiff refused from the demand in the claim and made request to conclude the administrative decision enforcement operations;

131.1.3.Defendant fully fulfilled the demand, set forth in the execution document;

131.1.4.Defendant-legal entity liquidated and bankrupt, but the rights and responsibilities not yet formally transferred to the successor;

131.1.5.Court ruled that defendant-legal entity and defendant-public officer are unable to perform the demand, set forth in the execution document;

131.1.6.Plaintiff-citizen deceased or announced missing;

131.1.7.Plaintiff-legal entity liquidated and bankrupt, but the rights and responsibilities not yet formally transferred to the successor.

Article 132.Coercive enforcement of court decision on the administrative case

132.1.In case that the defendant fails to implement the court decision within the period, specified in the judge’s notification, senior bailiff shall publicize about it, if necessary, may extend the period for up to 14 days.

132.2.When the period stated in the court notification or the additional period, if set according to Article 132.1 of this law, expire, bailiff shall deliver notification to the upper level administrative agency and public official of the agency and officials that failed to fulfill the court decision assigning to impose disciplinary penalties, set forth in the Law on Public Service, and to take measures to ensure the court ruling is fulfilled.

132.3.In case that find in the bank account of the administrative agency is insufficient to cover the due payment, the amount shall be reflected in and paid from following year budget.

132.4.In case that administrative agency fails to allocate funds in its following year budget according to Article 132.3 of this law and pay the payment, plaintiff shall exercise right to claim damages from the government and public official that failed to fulfill the court decision.

132.5.In case that decision enforced has been terminated, the enforced operation shall be terminated according to Article 119 of this law.

Article 133.Reckoning court decision as enforced

133.1.In case the administrative agency and official issue administrative act and administrative document setting norms, specified in the court decision, in issues belonging to their key functions or fulfill the obligations set forth in the court decision and notice within the set period, appropriately, it shall be reckoned that court decision is enforced.

133.2.Despite administrative agency and official undertakes acts or omissions to fulfill the court decision, but made it for the purpose of re-issuing the decision that court rules as illegal, by modifying the common requirements and criteria on the legal documents and positions, which belong to his functions, and undertakes act or omissions violating the rights of plaintiff, it shall not be considered as court ruling fulfilled.

Article 134.Enforcing decision on terminating the administrative act, administrative document setting norms and administrative contract and ruling these documents as evidently illegal

134.1.When the court decision on terminating administrative act, administrative document setting norms and administrative contract and ruling these documents as evidently illegal become legally valid, administrative act, administrative document setting norms and administrative contract shall become void and these document shall not be enacted again.

134.2.With reckoning the administrative act, administrative document setting norms and administrative contract as void according to Article 134.1 of this law, administrative agency and officials shall re-issue/re-make the administrative act, administrative document setting norms and administrative contract again in conformity with law, if they have impact on the interests and rights of other persons, within the period stipulated in Article 127.2 of this law.

134.3.Administrative agency and officials shall be responsible for notifying about the decision, stated in Article 134.1 of this law, to the persons whose rights and interests are affected, if these persons are unclear, it shall be announced through mass media and integrated state registry entry shall be modified.

134.4.If the persons authorized by terminated administrative act, administrative document setting norms and administrative contract inflict damages to others by exercising the terminated rights/authorizations after the period that it is publicized according to Article 134.3 of this law, that person shall be liable for damages inflicted to others and.

134.5.In case that citizens and legal entities implemented the rights and authorizations granted by the terminated administrative act, administrative document setting norms and administrative contract, provided that they knew, was able to know or must know that they are terminated, they shall not be exempt from the liabilities stated in Article 134.4 of this law.

134.6.Bailiff shall deliver a notice to defendant, third parties and agencies authorized to give certain licenses and rights not to implement and issue-make administrative act, administrative document setting norms and administrative contract that became void and ensure the compliance with the notice.

Article 135.Enforcement of court decision ruling the act and omission assigning to issues administrative act as illegal

135.1.Unless otherwise specified in the court decision, administrative agencies and officials shall be responsible to issue the administrative act, specified in the court decision, within the period stipulated in Article 127 of this law.

135.2.When the administrative agencies and officials issue the administrative act, specified in the court decision, it shall be considered the court decision as enforced.

Article 136.Enforcement of court decision ruling to reduce the fee and charge amount in the administrative act setting fees and charges

136.1.Unless otherwise stated in the court decision, administrative agencies and officials shall be responsible to modify the fee and charge amount in the previously issued administration act conformity with the court decision, within the period stipulated by Article 127.2 of this law.

136.2.In case that the plaintiff paid the fee a or charge imposed by the previous administrative act, administrative agency shall reimburse the plaintiff with difference of fee/charge, set by the court.

Article 137.Enforcement of court decision ruling the administrative act as affected or potentially could affect the public interests, terminate the act and ruling it as evidently illegal

137.1.Unless otherwise stated in the court decision, administrative agency and official shall be liable to cease the administrative action that is found to illegal, within the period specified in Article 127.2 of this law.

CHAPTER FIFTEEN

ENFORCEMENT OF COURT DECISION ON MISDEMEANOR (MINOR OFFENSE) CASES

Article 138.Enforcement of court decision on minor offense cases

138.1.Unless otherwise stated in the legally binding court decision, penalty judgement or ruling imposing compulsory measures as penalty, convicted person shall be obligated to fulfill it immediately.

138.2.Decision on the minor offense shall be enforced by the authority, official that made the decision, or court decision enforcement agency, if ruled by court, shall enforce the decisions on minor offense.

138.3.In case that court decision on minor offense case becomes valid, agency and official that made the decision shall enforce it.

138.4.Agencies and officials, stated in Article 138.3 of this law, shall enforce the decision on minor offense within the scope of the law and they shall not exercise the power of bailiff.

138.5.Several decisions involving a convicted person shall be enforced separately.

Article 139.Grounds for minor offense decision enforcement process

139.1.Grounds for the enforcement of minor offense decision shall be decisions, set forth in Articles 6.4.2, 6.4.3, 6.4.4 and 6.4.6 of this law, which issues execution sheet from the court, and decision, set forth in Articles 6.4.1 and 6.4.5 of this law.

139.2.In case that convict fails to fulfill the court decision or escape from enforcement, the official that imposed the penalty shall address to the court for coercive enforcement.

139.3.If court issues execution sheet according to grounds and rules set forth in the law, it shall be delivered to the court decision enforcement agency within 7 days.

139.4.Statements in paragraph 139.1 of this law shall be considered as the execution document and it must meet the requirements set forth in Articles 20.1 and 20.2 of this law.

Article 140.Period for initiation of minor offense decision enforcement process

140.1.In case three years expire after the day that the decision stated in Article 6.4 of this law becomes valid, no minor offense decision enforcement shall be initiated.

140.2.If a person convicted and taken coercive measures avoids from fulfilling the court decision or escape from enforcement, this period shall not be included in the period stated in Article 140.1 of this law.

140.3.Period stated in Article 140.1 of this law shall be counted anew from the date that execution documents returned, enforcement operation suspended and concluded.

Article 141.Opening file for minor offense decision enforcement operation

141.1.If there is no ground to return, stated in Article 20.3 of this law, senior bailiff shall open minor offense decision enforcement file, issue an order to start enforcement and assign to the bailiff responsible for the appropriate district.

141.2.No claim shall be lodged to the court on the order to initiate enforcement operations on the legally valid court decision.

141.3.Jurisdiction for enforcement operations for the minor offense decision shall be identified according to Articles 22 and 24 of this law.

Article 142.Concluding and suspending minor offense decision enforcement process

142.1.Minor offense decision enforcement shall be suspended on the grounds stated in Articles 27.1.1, 27.1.2, 27.1.4, 27.2.1, 27.2.3, 27.2.5 and 27.2.6 of this law, and shall be concluded on the grounds stated in Articles 29.1.1, 29.1.3, 29.1.5, 29.1.7 and 29.1.8 of this law.

142.2.In case that enforced decision has been terminated, enforcement operations shall be terminated according to Article 119 of this law.

Article 143.Enforcement of decision imposing fine

143.1.Unless otherwise stated in the law or the decision imposing fine, convict shall be liable to pay off the imposed fine within 90 days after the relevant decision become legally valid, or within the stipulated period if the law instructs to pay the fines in partly installments.

143.2.If convict who is imposed with fine alone, as stated in the law on Misdemeanor, fails to pay off the fine within the period specified in Article 143.1 of this law, execution sheet shall be issued according to Article 139.3 and 139.4 of this law and transferred to the court decision enforcement agency for coercive enforcement.

143.3.Fine imposed to juveniles shall be paid by parent or guardian according to Articles 503.5 and 503.6 of the Civil Code.

Article 144.Common grounds for enforcement of penalty of detention

144.1.According to Law on Misdemeanor, court decision enforcement agency shall enforce the penalty of detention, imposed by the court.

144.2.Detention center shall be authorized as having the same status of legal entity.

144.3.Detention facility and detention center (hereinafter referred to as detention center) shall have premises with designated rooms for detention and security and the room of detainee shall meet the requirements stated in Article 209.1 of this law. 

144.4.Detainees shall be placed separately according to Articles 208.1 and 208.2 of this law and it is prohibited to detain alone on the room except the cases due to condition of the premise and potential threat to the health of other persons.

144.5.Detention center shall have isolation room and rules for isolating the detainee shall be set by the internal regulation of the center, in conformity with Articles 230.1 and 230.2 of this law.

Article 145.Internal regulation of detention center

145.1.Internal regulation of the detention center shall be approved by the Cabinet member in charge of justice, in consultation with the Prosecutor-General.

145.2.Internal regulation of the detention center shall include the following:

145.2.1.Receiving, placing and releasing the detainee;

145.2.2.Record keeping in the detention center, registry and its content;

145.2.3.Items permitted to store in the detention center room;

145.2.4.Resolving complaint lodged by the detainee;

145.2.5.Detainee’s meeting, phone call, receipt of parcel and letter, assigning to rooms, year time;

145.2.6.Organization of security and supervision, hygiene requirements;

145.2.7.Search and inspection of detainee’s body, confiscation, storage and return of items;

145.2.8.Calculating direct costs during the period of stay in the detention center;

145.2.9.Organizing compulsory unpaid work;

145.2.10.Temporary leave for the detainee;

145.2.11.Compulsory work of detainee;

145.2.12.Oversight on the operation of detention center.

Article 146.Legal status of detainee

146.1.During the detention period, detainee shall be under surveillance of the administration of the center and its officers, and shall exercise rights specified in Articles 210.1.1, 210.1.2, 210.1.3, 210.1.5, 210.1.9, 210.1.10, 210.1.11, 210.1.12, 210.1.13 and 210.1.15 this law and be obligated for duties specified in Article 211 of this law.

146.2.For undertaking the surveillance specified in Article 146.1 of this law, audio, video, audio-video and and other equipment permitted by law may be used.

146.3.Detainee may meet visitors once a week for up to one hour, , receive a parcel and send letter a week.

146.4.Detainee may yard walk or do exercise for no longer than one hour a day and may make phone call once a week, no longer than 5 minutes.

146.5.Detainee shall be responsible for the costs associated with Article 146.3 and 146.4 of this law.

Article 147.Conditions and supplies of detention penalty

147.1.Detainees shall be supplied with necessary supplies, stated in Articles 24.1 and 24.4 of the Law on Arrest and Detention of Suspect and Convict and Enforcing Decision on Detention, and nutritious meal and food, as well as drinking water, food, stated in Article 231.6 of this law.

147.2.Detention Center shall have a section for medical care and services, set forth in Article 203.8 of this law, and shall provide medical care and assistance to the detainees and deliver the medical institutions.

147.3.In case that the detainee has immediate reason to stay on hospital as inpatient, he/she shall be transferred to the medical institutions and notified to the prosecutors. Period that detainees was hospitalized and and on leave shall not be included in counting of days of detention, and the detainees shall be responsible to arrive at the detention center at his/her own cost.

147.4.In case that detainee fails to arrive in the detention center, he/she shall be brought forcibly in cooperation with police and and associated costs shall be reimbursed by detainee or guarantor.

147.5.Detention Center shall organize trainings on behavior change of detainees and prevention from the minor offense.

147.6.As soon as the period specified in the judge’s order on detention expires or receiving judge’s order on pre-term release, detainee shall be released immediately.

147.7.In case that detainee and his/her family had hardships,. Detainee may be given up to 7 days leave with order of the detention center head, grounded on the respective documents.

147.8.Detainee that is given a leave must have a guarantor. Guarantor shall be responsible for bringing the detainee to the detention center when the leave period expires or detainee leaves hospital.

147.9.Detention center head shall inform the prosecutor about the leave.

Article 148.Calculation of direct costs during stay in detention center

148.1.Amount of direct costs for the period that detainee’s period in the detention center shall be approved jointly by Cabinet members in charge of justice and finance, respectively. 

148.2.Detainees may be allowed to do work during the detention period by making contract with legal entities and citizens.

Article 149.Seizing items and objects used for minor offense and assets and incomes generated from committing minor offense

149.1.Bailiff shall enforce the decision to seize items and objects used for minor offense and assets and incomes generated from committing minor offense, which is authorized by the execution sheet, stated in Article 139.2 of this law, according to rules set forth in Chapter Two of this law.

149.2.Cabinet shall approve regulation for selling and transferring items and objects used for minor offense and assets and incomes generated from committing minor offense.

Article 150.Enforcement of penalty to impose fine and to seize property and income generated from minor offense

150.1.In the event that the convicted person fails to implement the decision stated in Article 6.4 of this law, within the period specified in law, decision shall be coercively enforced from the income and assets, stated in Chapter Seven and Eight of this law, in compliance with regulation, set forth in Chapter Four, Five and Six of this law.

Article 151.Enforcement of penalty of deprivation of rights

151.1.Penalty to deprive from rights shall be enforced according to rules set forth in Chapter 19 of this law.

151.2.When the period for deprivation of rights expire, documents restoring the rights and relevant permissions shall be returned to the convicted person except the cases specifically set forth in the law.

151.3.Period for penalty of deprivation of rights shall be counted from the date that the verdict judgment becomes legally valid.

151.4.Period that convicted person did not implement the penalty of deprivation from rights, and period that convicted person committed prohibited acts and omissions shall not be counted in the period of penalty enforcement.

Article 152.Enforcement of coerced medical treatment

152.1.Affairs pertaining to enforcement of coerced medical treatment, imposed by the court decision, shall be regulated by law.

PART FOUR

ENFORCEMENT OF COURT DECISION ON CRIMINAL CASES

CHAPTER SIXTEEN

COMMON RULES FOR ENFORCEMENT OF COURT DECISION IMPOSING NON-INCARCERATION PENALTIES

Article 153.Receiving court decision and initiating criminal decision enforcement operation

153.1.Senior bailiff shall receive persons sentenced for non-incarceration penalties grounded on the legally valid court decision.

153.2.Senior bailiff shall register court decision and judgment, make order to initiate criminal decision enforcement process, allocate the case to the relevant district bailiff and inform abut it to the prosecutor.

153.3.Bailiff, immediately after receiving an order, stated in Article 153.2 of this law, shall commence the service of sentence serving, open criminal decision enforcement file for each convict, explain the rules, rights and duties related to the sentence, take notes and get signed.

Article 154.Suspending criminal decision enforcement process

154.1.Criminal decision enforcement shall be suspended in the following cases, and shall resume once the grounds for suspension are removed:

154.1.1.Bailiff submitted a proposal to replace the non-incarceration penalties except deprivation from travel rights to incarceration or prosecutor has submitted conclusions on this proposal to the court;

154.1.2.Convict escaped from serving sentence, announced as deceased or missing;

154.1.3.Convict-legal entity is underway of liquidation or re-structuring;

154.1.4.Bankruptcy case of the convict- legal entity ongoing;

154.1.5.Commission of medical doctors drew a conclusion that convict penalized for compulsory community work temporarily lost work capacity;

154.1.6.If a convict sentenced for compulsory community work or deprivation of travel right become pregnant, 60 days before and one year after delivery;

154.1.7.Unable to enforce serving the penalty due to disaster, dangerous events or accidents;

154.1.8.For up to three-month period if only person in the family of convict sentenced for compulsory community work becomes seriously ill or it is unable to serve the sentence for other reasonable grounds;

154.1.9.Convict whose travel rights are deprived needs to get medical care and service for more than three-month period in areas other than his/her residence area.

154.2.In case that grounds specified in Article 154.1 of this law are found, bailiff shall submit a proposal for suspending enforcement process to the senior bailiff for review and deliver to the prosecutor within 5 days, along with the case file.

154.3.After receiving a proposal from the bailiff, specified in Article 154.2 of this law, prosecutor shall review the grounds for suspending and shall make a decision followed by issuing an order.

154.4.In case the grounds for suspending criminal decision enforcement process, stated in Article 154.1.8 of this law, still exist, prosecutor, based on proposal from the bailiff, shall decide whether to extend the period one time for up to three-month period.

154.5.Article 154.1.1 of this law shall not apply to convict sentenced for deprivation from travel right.

Article 155.Concluding criminal decision enforcement process

155.1.On the following grounds, bailiff shall conclude criminal decision enforcement process and close the case:

155.1.1.Convict fully served the sentence imposed by court decision;

155.1.2.Convict is exempted from penalty pre-term due to health condition;

155.1.3.Court ruled a decision to substitute the sentence to other types of penalties and compulsory measures;

155.1.4.Court decision imposing sentence became void;

155.1.5.Convict pardoned or amnestied;

155.1.6.Convict deceased or two years passed since the convict announced as missing;

155.1.7.Convict legal entity liquidated or bankruptcy case opened, or rights and responsibilities not transferred to successors after re-structuring;

155.1.8.Convict becomes not competent for liabilities.

155.2.Bailiff shall deliver copy of decision concluding the criminal decision enforcement process to prosecutor and police within three working days.

155.3.If the operation to enforce the court decision imposing fine concluded on the grounds, set forth in Article 155.4 of this law, the deducted payment shall be returned to the convict.

155.4.In case the enforced decision becomes void, the operations carried out according to Article 119 of this law shall be cancelled.

Article 156.Substituting non-incarceration sentence to to incarceration sentence

156.1.In case the convict failed to pay the due fine in full amount within the specified period, or commits violations stated in this law, subject to upgrade to incarceration, bailiff shall submit a proposal on substituting the sentence to incarceration to the prosecutor within 5 days after either the date of violation or the deadline for the fine, with a copy of the criminal enforcement case file.

156.2.After receiving a proposal from the bailiff, prosecutor shall make a conclusion on changing to non-incarceration sentence to incarceration sentence within 5 days, and deliver the conclusion and the criminal enforcement case file to the court for final judgment.

156.3.In case that the proposal from bailiff, stated in Article 156.1 of this law, is found having no grounds and avoidance from fulfilling court decision not adequately proven, prosecutor shall void the proposal and return back to the court decision enforcement unit within 3 working days.

Article 157.Exempting from non-incarceration sentence

157.1.If a convict sentenced for deprivation from travel rights or compulsory community work is found to be ill with diseases that impedes him/her for serving the penalty, bailiff shall submit a proposal for exemption from sentence, reduce the sentence size, release and change to compulsory measures to the supervisory prosecutor within three working days, and if deemed as reasonable, prosecutor shall make a conclusion and send to the court within 3 working days, with enforcement case file attached.

157.2.List of diseases stated in Article 157.1 of this law shall be approved jointly by Cabinet member in charge of justice and Cabinet member in charge of health.

Article 158.Reckoning the full service of non-incarceration penalties

158.1.In case that the convict served the sentence according to court decision and rules set forth in this law, paid off the imposed fine within the specified period, in full amount, bailiff shall issue an order reckoning the convict as completed the sentence and deliver the order to the prosecutor together with the enforcement case file to the within 3 working days.

158.2.Prosecutor shall review the grounds of order, specified in Article 158.1 of this law, and if it is found having no grounds, prosecutor shall cancel the order and return enforcement case file and the decision to the court decision enforcement unit within 3 working days.

Article 159.Use of equipment and devises for enforcement of non-incarceration sentence, monitoring on enforcement and lodging complaints

159.1.Regulation for using equipment and devises for enforcement of non-incarceration sentence, monitoring and creating database shall be approved jointly by the Cabinet member in charge of justice and Prosecutor- General.

159.2.List of equipment used for tracking the enforcement of penalty of deprivation from travel right and procedure for use of equipment shall be approved by Cabinet member in charge of justice.

159.3.Convict may lodge his/her complaint on the non-incarceration penalty enforcement process to senior officers of court decision enforcement agency or to prosecutor.

159.4.Official that received the compliant, stated in Article 159.3 of this law, shall review and resolve within the period specified by law and reply to the complaint.

CHAPTER SEVENTEEN

ENFORCEMENT OF COURT DECISION IMPOSING FINE AND COMMUNITY WORK AS PENALTY

Article 160.Enforcement of court decision imposing fine

160.1.Unless otherwise stated in the court decision imposing fine, it shall be paid within 90 days after the court decision becomes legally valid, or within the set period of time, of court decision specifies payment in installments.

160.2.As soon as the period specified in Article 160.1 of this law expire and convict not paid the fine, bailiff shall explore the cause and reason, and may extent the period for up to 30 days with permission from the senior bailiff and may set schedule for installments taking into account of the opinion of the convict.

160.3.In case that the convict does not comply with the schedule set according to Article 160.2 of this law, bailiff shall warn on changing the fine sentence to incarceration, take notes and get signed by convict.

Article 161.Enforcement of court decision imposing fine on legal entity

161.1.In case that the legal entity that is penalized by fine fails to pay the fine within the period, specified in Article 160.1 of this law, fine shall get coercively paid from the properties, stated in Article 94.1 of this law.

161.2.Bailiff shall carry out the coercive action to get the fine collected from the properties of legal entity in compliance with Chapter Four, Five, Six, Seven and Eight of this law.

Article 162.Commencing the enforcement for compulsory community work sentence

162.1.Bailiff shall undertake frequent control to physically inspect the service of sentence, get comments and information from officials responsible for overseeing the performance of the convict and check efficiency of work hour use and working conditions.

162.2.Entity that made contract to recruit the convict for community work shall provide all necessary support to the bailiff.

162.3.Grounded on time sheet of the convict, bailiff shall make calculation correctly, inspect any circumstances of avoiding from service, and keep personal file of the convict.

162.4.Bailiff of relevant district shall register the convict according to his/her permanent residence address and oversee the enforcement of court decision.

162.5.In case that relevant enforcement district does not have community jobs to place the convict or there are some other reasonable grounds, district bailiff may propose transfer of convict to other districts to the senior bailiff, then to the prosecutor for final decision.

162.6.For the convict living in the territory without assigned court decision enforcement district, local police department shall monitor the service of sentence and shall inform about the status to the court decision enforcement agency, in writing, every 30 days.

Article 163.Organizing compulsory community work

163.1.Unless otherwise stated in the court decision, compulsory community work penalty shall be served at the entities, included in the list approved by court decision enforcement agency, based on proposal from local administration.

163.2.In selecting entities for the compulsory community work for the convict, senior bailiff shall select taking into account of convict’s health condition, profession/qualification, skills and competency.

163.3.In case that court assigned a specific community work taking into account of the convict’s profession and skills, enforcement shall be carried out according to rules set forth in the court decision.

163.4.Bailiff shall negotiate with the entity on daily work hours, functions (size of the work), occupational safety, supplies such as work clothes and working conditions, in advance, and shall make a contract.

163.5.The contract shall specify the obligation of entity to produce a certification of the convict, which includes convict’s full name, residence address, total work hours, personal characteristics, discipline and sentence status according to approved template format and submit on time specified in the contract.

163.6.Bailiff shall personally deliver the convict, court decision and the notice of compulsory community work to the entity recruiting the convict.

163.7.Entity that made contract on provision of community work to the convict shall record the time sheet, and bailiff shall make final accounts based on the time sheet and performance of the convict.

163.8.Bailiff shall personally inspect the convict’s work every week, and the notes of inspection shall be verified by signature of authorized official of the entity and the convict.

163.9.Entity providing community work shall inform about the convict’s work, hours worked and status of serving the sentence every week to the bailiff.

Article 164.Period for counting the days of community work, concluding the service of sentence

164.1.Hours for compulsory community work shall not exceed 4 hours on weekends and days of not working or studying, 2 hours on weekdays or days with eave from work or study, or 4 hours a day after work or study, of convict permits, and no more than 20 hours a week.

164.2.Period for the compulsory community work shall be counted from the time that the convict started work and continue until the period, specified in the court decision.

164.3.In case that the convict is mobilized for relief work after disasters, state of emergency and dangerous events, hours shall be included in the sentence service period.

164.4.In case that convict’s family member becomes seriously ill, deceased, or exposed to disaster or dangerous events, up to 7 day temporary leave may be permitted.

164.5. emporary leave shall be resolved by the head of the court decision enforcement unit based on certification from the soum and district governor proving the prevailing circumstance and the certification from the medical institution.

164.6.Periods belonging to the leave, specified in Article 164.4 of this law, and period of participating in public events, training and other measures, organized by the entity during the sentence period, hours missed work due to consumption of alcohol and narcotics, period missed due to causing intentional injuries to his/her body and organs and period that violated the rules for the enforcement shall not be counted in the total period of service of the sentence.

Article 165.Grounds for converting compulsory community work penalty to incarceration

165.1.In the event that the convict violates internal regulation of the entity employing for compulsory community work, leaves work for more than three hours during the sentence period, misses work for no reason, arrived at work under influence of alcohols, and numerously fails to obey with occupational safety rules and demand imposed by the employer, the entity shall immediately inform to bailiff.

165.2.In case convict is found that formulated fake medical document, pretended to be sick, damaged own health and body intentionally, formulated fake documents for leave, committed violation or found to have committed violations stated in Article 165.1 of this law, community work sentence shall be substituted to imprisonment.

Article 166.Obligation and responsibilities of agency recruiting for compulsory community work

166.1.Agency/entity recruiting for compulsory community work shall be obligated for the the following duties:

166.1.1.Make a contract with court decision enforcement agency on matters specified in Article 163.4 of this law;

166.1.2.Provide occupation safety instruction to the convict, and supply with work clothes, tools and devises;

166.1.3.Keep time sheet for convict and inform the bailiff about convict’s performance and violations;

166.1.4.Record time sheet and appraisal accurately and correct;

166.1.5.Have convict work on the job, specified in the contract and identified by the court decision enforcement agency.

166.2.Employee of the entity violates obligation to inform about the violations made by the convict, conceals violations and falsely recorded time sheet shall be punishable by penalty set forth in the law.

CHAPTER EIGHTEEN

ENFORCEMENT OF COURT DECISION DEPRIVING FROM RIGHT TO TRAVEL

Article 167.Enforcement of court decision depriving from right to travel

167.1.Bailiff shall undertake technical and physical monitoring on the convict sentenced for deprivation from travel rights on compliance with bans and limitation at the domicile, work or education institution addresses.

167.2.Period for serving the sentence of deprivation from travel rights shall be counted effective from date that the court judgment becomes legally valid.

167.3.Bailiff shall introduce the condition and regime for the sentence of deprivation from travel rights, instruction for use and maintenance of tracking equipment, penalties imposed in case of breech of conditions and regime, take notes and get the notes signed by convict.

Article 168.Duties of convict deprived from right to travel

168.1.Convict deprived from right to travel shall be obligated for the following duties:

168.1.1.Fulfill the obligations imposed by the court;

168.1.2.Fulfill the legal demand imposed by the bailiff and the technical officer;

168.1.3.Not to come to areas that court restricted to travel to;

168.1.4.Not to change domicile and job place without notifying the bailiff in advance;

168.1.5.Arrive at the court decision enforcement agency on time set by the bailiff and provide oral and written comments on the serving of penalty;

168.1.6.Regularly take the mobile tracking devise in the body according to rules, take all necessary measures to ensure completeness of the devise and ensure smooth operation of the equipment;

168.1.7.Have personal identification document all the time;

168.1.8.Return the tracking devise back to bailiff, full and complete, after the end of the penalty term.

Article 169.Paying the operational expenses of the tracking devise

169.1.Convict shall attach the devise in his/her arm, or leg, or other parts of the body and shall be liable for paying costs associated with the tracking devise.

Article 170.Violation of rules of sentence of depriving from travel rights and substituting deprivation from rights to incarceration

170.1.Following cases shall be considered as violation of penalty of deprivation from rights:

170.1.1.Failure to fulfill the obligation set forth in Article 168.1 of this law;

170.1.2.Convict destroys, damages or makes malfunction the devises used for technical tracking;

170.1.3.Committed minor offense against the public order and safety, stated in Law on Misdemeanor and convicted for minor offense;

170.1.4.Convict intentionally avoids/escapes from technical and physical monitoring for up to 24-hour period;

170.2.Following cases shall be considered as the serious violation of penalty of deprivation from rights:

170.2.1.Failure to fulfill the obligation set forth in Article 168.1 of this law, twice or more time s within three-month period;

170.2.2.Committing crime and convicted;

170.2.3.Repeating violations stated in Articles 170.1.2 and 170.1.4 of this law;

170.2.4.Refused to fulfill legitimate demand imposed by bailiff, resisted coercively, inflicted damage to health and life of the bailiff and intimidated to inflict damage to bailiff;

170.2.5.Intentionally avoided/escaped from technical and physical monitoring for longer than 24 hour period.

170.3.Bailiff shall warn the convict that violated the rules for sentence of deprivation of rights, about the penalties for repeated violation, conduct interview to prevent from subsequent violation and take notes.

170.4.In case that convict seriously violates the rules for sentence of deprivation of travel rights, sentence of deprivation from rights shall be substituted by incarceration sentence.

Article 171.Selection of equipment used for enforcement of penalty to deprive from travel right

171.1.Grounded on proposal from bailiff, senior bailiff shall identify the condition for enforcing the sentence of deprivation of rights and appropriate equipment/devise.

171.2.Grounded on the decision made by the senior bailiff, technical monitoring officer shall install the fixed and mobile tracking devise in the convict’s body, accommodation, office, vehicle, and other places, if deemed necessary, and shall conduct frequent monitoring on the function of devise and the convict.

Article 172.Check/monitor the convict sentenced for deprivation of travel right

172.1.As soon as alarm is received in the database, technical monitoring officer shall immediately notify the responsible bailiff and deliver the violation data from the monitoring center.

172.2.Bailiff shall physically check the violation notified according to Article 172.1 of this law, and identify the reason and condition.

172.3.Bailiff’s operation on physical monitoring on the convict shall be regulated by rules set forth in Article 159.1 of this law. Physical check may be made at any time, either day or night.

172.4.Bailiff may get information from persons and legal entities in violation or intention of violation of convict of the ban and limitation set by court, either physically or through others.

Article 173.Temporary change to conditions and rules of penalty of depriving from right to travel

173.1.On the following grounds and as sanctioned by the prosecutor, senior bailiff may change the ban and limitations on the convict for travel for up to 30 days:

173.1.1.Family member of the convict becomes seriously ill, deceased or exposed to disaster or dangerous events/accidents;

173.1.2.Convict find it unable to get the health care in the zone set by court when needed to get medical care and assistance;

173.1.3.Convict needs to take care of the family member, which necessity for permanent care is proven by certification from the medical institution and relevant references verify that there is no person serve as care-taker except the convict;

173.1.4.Convict becomes unable to stay in the place set by the court, disaster and dangerous events;

173.1.5.If not prohibited by law, convict needs to physically present for tests for recruitment for job or admission to school in locations and zones other than set by court;

173.1.6.Access to services provided by the government agencies according to the law (get pension and allowance);

173.1.7.Other respectable reasons.

173.2.As soon as the period specified in Article 173.1 of this law ends, the ban and limitation imposed on the convict by the court shall be restored and penalty serving shall continue in normal regime.

173.3.In case that convict needs to reside in the newly arrived place for more than 7 days, penalty to deprive from travel right shall continue in the new place.

Article 174.Modifying the condition and rules for penalty of depriving from right to travel

174.1.In the following circumstances, prosecutor may change the permitted zones for the convict, based on the proposal from the bailiff:

174.1.1.It becomes impossible to serve the sentence in the place initially set by the court due to changes in family status of the convict;

174.1.2.Convict has to change the domicile/permanent residence due to financial capacity, disaster and dangerous events;

174.1.3.Convict purchases apartment or residence land and house to change the place of resident for the reasonable grounds;

174.1.4.Employment contract of convict, which was valid at the time of conviction, expires or needs to transfer to other institution or legal entity for work or study;

174.1.5.Convict is admitted to higher education or vocational education institution;

174.1.6.Convict find it unable to get the health care in the zone set by court when needed to get medical care and assistance.

174.2.Convict shall make a request for change of sentence service zone, in writing, and senior bailiff shall review the proposal and other materials and deliver to the prosecutor within 10 days.

Article 175.Rewarding the convict with penalty of deprivation of travel rights

175.1.Provided that the convict does not violate the rules for sentence and does not impede the enforcement operation with his/her behavior and personal conduct, up to 5 bonus days per month may be cut.

175.2.Bonus days shall be rewarded according to rules set forth in Article 224 of this law.

Article 176.Penalties imposed for destroying or damaging the devise used for enforcement of penalty to deprive from right to travel

176.1.In case the convict destroys, damages or makes malfunction the devises used for enforcement of decision to deprive from right to travel, convict shall be punishable by penalties stated in the law and guilty person shall hold the other party harmless.

CHAPTER NINETEEN

ENFORCEMENT OF COURT DECISION OF DEPRIVING FROM RIGHTS

Article 177.Notice on the court decision imposing deprivation of rights penalty

177.1.Bailiff shall deliver notice on enforcement of court decision to the agency and official that appointed or selected the convict on public service position or authorized for execution of certain professional services or authorized any rights or permissions that are prohibited by the court, within 5 days after the initiation of the court decision enforcement process.

177.2.Government and non-government organizations and officials of all entities, regardless of the ownership type, shall be obliged to fulfill the court decision imposing penalty of deprivation of rights (hereinafter referred to as court decision).

177.3.Penitentiary unit shall deliver the notice on release of a convict, sentenced with additional penalty of deprivation of right 7 days prior to the end of the sentence period and if the convict is released on other grounds, within 7 days after the release to the court decision enforcement unit of the convict’s place of residence together with a copy of the court decision.

177.4.In the process of oversight on adherence to court decision, court decision enforcement unit shall collaborate with local police and other agencies.

Article 178.Responsibilities of convict sentenced with deprivation from rights and agencies and officials authorized for appointing, recruiting and dismissing

178.1.Convict sentenced for deprivation of rights shall be responsible for the following duties:

178.1.1.Obey legal demand made by the bailiff, arrive at the court decision enforcement unit at summon from bailiff, provide written and oral comments on issues related to serving of sentence;

178.1.2.Immediately notify any changes on residential address, occupation, job and activities to the court decision enforcement unit doing surveillance.

178.2.Agencies and officials authorized authorized for appointing, recruiting and dismissing the convict shall be responsible for the following duties regarding the enforcement of the court decision:

178.2.1.Check if a nominee for a position and suppliers of goods and services are taken compulsory measures of deprivation from rights related to execution of goods and services;

178.2.2.In case that an officer or a work/service provider is penalized by a sentence of deprivation of rights, refrain from appointing for job and selecting for performance of jobs and works/service that are banned or restrained by court;

178.2.3.Dismiss the convict from work within 3 working days after receipt of notice from court decision enforcement agency to deprive from rights;

178.2.4.Produce reference and certification on fulfillment of court decision as demanded by the bailiff;

178.2.5.Immediately notify the bailiff when the works/service contract or labor contract made with the convict is modified.

Article 179.Responsibilities of agencies and official giving rights and permits

179.1.Agencies and officials authorized for giving rights and permits for performance of certain work and service shall cancel related rights and permits, notify the cancellation to the convict and oversee the conduct of convict’s professional activities within 3 days after receiving court decision and notice.

Article 180.Monitoring the conduct of convict sentenced from deprivation from rights

180.1.Bailiff shall conduct an interview with the convict for the purpose of prevention, get comments on the court decision fulfillment, and if necessary, physically check the work place and activities of the convict and take notes.

180.2.Period of serving the sentence of deprivation from right and compulsory measures shall be vaunted from the day that the penalty judgment become legally valid.

180.3.Serving of sentence by the convict residing in area without designated court decision enforcement unit shall be monitored by local police and police shall inform the status to the court decision enforcement agency every 30 days, in writing.

Article 181.Tools and methods for enforcing court decision in depriving from rights

181.1.In the necessary instances, bailiff shall enforce the court decision restraining tights using the following methods and tools:

181.1.1.Close buildings, premises, facility and warehouse necessary for exercising the rights, which are deprived by court;

181.1.2.Confiscate original documents verifying the rights and permit;

181.1.3.Deliver notice on suspension or termination of the rights and permits granted to the agencies and officials to give rights and permits and assign to oversee the professional work that the convict is engaged in.

181.2.Methods and tools for enforcement of court decision depriving from rights shall not be limited by the tools and methods specified in Article 181.1 of this law.

181.3.In case that penalty of deprivation of right is imposed as addition to the non-incarceration penalty, inspection and surveillance over main and additional sentences service shall be made simultaneously.

Article 182.Permanent control over the convict penalized by deprivation of rights

182.1.In the event that the convict has to travel to rural areas for up to two-month period on a reasonable ground, bailiff shall register the address in the destination, contact phone number and person travelling together, assign the bailiff in the destination territory to control over the convict and inform the travel to the prosecutor.

182.2.In case that the convict has to permanently reside in other areas for period longer than the period specified in Article 182.1 of this law, bailiff shall transfer the case file for the criminal decision enforcement to the court decision enforcement unit in the destination areas, followed by informing about the move to prosecutor, and the sentence service shall continue in the area that convict moved to.

Article 183.Counting the period of deprivation from rights

183.1.In case that the court changes its previously imposed sentence of deprivation from rights as additional penalty of fine to previous, during the period of serving the sentence, to incarceration, counting of period for deprivation of rights shall cease and counting shall continue from the day ending the incarceration, and oversight on convict shall continue.

183.2.Convict’s violation of bans or limitations set by court shall bit counted in the period of sentence service.

Article 184.Liabilities imposed on convict, individuals and legal entities that avoided from court decision on depriving from rights

184.1.In the event that the convict avoided from obligations from the sentence of deprivation from rights or bans or limitations set by the court, convict shall be punishable according to Misdemeanor Law.

184.2.Act of agency or officials authorized to give rights and permits to convict that gave rights and permits to the convict or intentional failure by agency and officials authorized to appoint, recruit and dismiss the convict or causing impediment to the enforcement of court decision shall be punishable by law.

CHAPTER TWENTY

ENFORCEMENT OF COURT DECISION IMPOSING COMPULSORY MEASURES

Article 185.Receiving court judgment imposing compulsory measures

185.1.Senior bailiff shall receive court judgment imposing compulsory measures and the convict sentenced for compulsory measures.

185.2.Senior bailiff shall enter the judgment, stated in Article 185.1 of this law in the registry, open a personal file for the convict that is penalized by for compulsory measures, assign the case to the district bailiff within 3 working days and notify about the process to the prosecutor.

Article 186.Enforcement of court decisions of probation without incarceration, postponing the enforcement incarceration and pre-term release and the surveillance

186.1.Registry of convicts sentenced for probation without incarceration, postponing the enforcement incarceration and pre-term release and the surveillance (hereinafter referred to as under surveillance) shall be maintained by the court decision enforcement unit of the place of residence of convict, and integrated registry shall be maintained by a unit responsible for enforcement of non-incarceration decision.

186.2.When the bailiff receives a court decision postponing the enforcement, bailiff shall execute the following:

186.2.1.Explain conditions for control over the convict, control rules, rights and responsibilities of the convict and get the documents sign;

186.2.2.Record convict’s personal documents, specifications, personal characteristics and personal status and other information in the personal file and attach other necessary documents related to postponed sentence;

186.2.3.Summon the convict whose incarceration sentence is postponed, his/her parents, guardians, caretakers and other citizens permitted to oversee the convict for rehabilitation and introduce their rights, responsibilities and introduce the convict the limitations set by the court decision and any other assignments to convict;

186.2.4.Demand parents, guardians, care-takers and other citizens permitted to oversee the convict for rehabilitation to perform their duties and ensure that they satisfy the demand;

186.2.5.Enter notes in the personal file of the convict every 30 days on the status of correction, discipline and rehabilitation of the convict imposed with postponed enforcement;

186.2.6.When the period, for which the enforcement of court decision is postpones, expire, inform police, prosecutor and convict in writing.

Article 187.Undertaking oversight on the correction and rehabilitation of the convict with postponed sentence

187.1.Bailiff shall oversee the progress of correction and rehabilitation of the convict whose incarceration is postponed according to the following rules:

187.1.1.Prohibit convict’s overseas travel and emigration, demand the convict to get permission in case of leaving the place of residence for more than 7 days, and assign to be present at the bailiff personally once in 30 days;

187.1.2.Get guarantee that the convict shall inform changes in occupation, workplace and position immediately;

187.1.3.Support persons that is obliged to oversee the convict and to rehabilitate and soum and district governors for fulfillment of their Legally Imposed duty, exchange information and cooperate;

187.1.4.Ensure that the convict’s parent, guardian, care-taker and persons permitted to oversee the convict for rehabilitation perform their duties;

187.1.5.In case that the convict, which serving of sentence of postponed, fails to obey the limitations and obligations set by court, or avoids from control, organize actions to summon the convict, investigate and bring coercively;

187.1.6.Receive and resolve complaints, petitions and feedback from the convict in relation to enforcement of judgment or send to respective agencies and officials;

187.1.7.Provide advice and warning to the convict on not committing any crime and violations, and organize interviews;

187.1.8.Get references and inquiries on the convict’s personal behavior and acts from agencies and officials;

187.1.9.In case that convict changes the place of residence for a reasonable grounds, calculate the control period and transfer the personal file to the bailiff and court decision enforcement unit in the new destination.

187.2.Convict whose sentence is postponed shall have the following obligations:

187.2.1.Give a notice to court decision enforcement unit in the place of residence within 3 days after arrival in the new place;

187.2.2.Get registered at the court decision enforcement unit, if there is no unit, at the local police department every year and provide comments on the fulfillment of court imposed obligations;

187.2.3.In case that convict changes the permanent residence, he/she shall register at the court decision enforcement unit undertaking control, of the residence area has no unit, at the local police department and notify to the court decision enforcement unit or police department of the new place of residence;

187.2.4.In case that convict travels from his/her place of residence for more than 7 days or travel abroad, he/she shall notify to the court decision enforcement unit undertaking control, if the area of residence does not have enforcement unit, to the local police department;

187.2.5.Fulfill demand made by the court decision enforcement unit, officials and bailiff.

Article 188.Proposing termination of probation sentence and decision postponing the sentence service and exemption from penalty

188.1.In case that the no less than 50% imposed sentences of a convict whose sentence postponed, who demonstrated his/her correction and rehabilitation by his/her behavior, learning, labor and fair attitudes, who fulfilled the obligation imposed by the court, who paid the damages inflicted by the crime or held the victims harmless, elapses, bailiff may submit a proposal to the prosecutor for exemption from the remaining penalty.

188.2.Prosecutor shall review the case file and based on the review and the proposal from the bailiff, shall submit opinions on annulling the decision to postpone the enforcement and exempt from sentence to the court.

188.3.In case that bailiff does not propose as specified in Article 188.1 of this law, or prosecutor does not submit any proposals on the submitted opinion of the bailiff or prosecutors reject the proposal followed by the surveillance period stated in court decision expire but the subsequent decision is not made, bailiff shall submit his/her proposal on the future actions and measures to the prosecutor together with the enforcement case file.

188.4.In the event that the convict fails to adhere to obligations set forth by the court during the probation period or period that the enforcement is postponed, or violates limitation and bans imposed by court two or more times during 6-month period, or inflicted damages to legitimate interests and rights of individuals and legal entities due to violation of court imposed limitations and bans, or fails to obey duties stated in Article 187.2 of this law, bailiff shall deliver a proposal to annul the court decision on probation and postponement of decision enforcement and impose penalties to the prosecutors.

188.5.Prosecutor shall review the grounds stated in proposal submitted by the bailiff as stated in Article 188.4 of this law and transfer the case to the court for resolving to annul the probation and postponement of enforcement and impose penalties.

Article 189.Enforcement of court decision imposing compulsory measures to assign duties and restrain rights

189.1.Bailiff shall identify detailed schedule and time frame for the convict sentenced for compulsory measures to assign duties and restrain rights for obeying the duties and adhering to limits and oversee the compliance according to rules set forth in Chapter Nineteen of this law.

189.2.For the convict sentenced fort compulsory measures of behavior change training and labor/employment habit acquisition, bailiff shall introduce the content and program of behavior change training in addition to duties stated in Article 189.1 of this law.

189.3.Bailiff shall provide written certification to the court and prosecutor on on compliance of the convict, who is sentenced for compulsory measures to assign duties and restrain rights, with the limitation and duties.

189.4.Convict sentenced with compulsory measures to assign duties and restrain rights shall arrive at summon of bailiff, comply with the legitimate demand from bailiff, and notify any changes in place of residence or work, as well as other necessary information to the bailiff.

189.5.Soum and district governors shall provide necessary support to convict sentenced with compulsory measures to assign duties and restrain rights to comply with court imposed penalties.

189.6.Police shall provide assistance to the process of compliance of convict sentenced with compulsory measures to assign duties and restrain rights, with court imposed duties, correction status and control over the convict, exchange information and cooperate with court decision enforcement agency.

189.7.In case that the convict sentenced with compulsory measures to assign duties and restrain rights, pays off the damages inflicted by crime, comply with duties assigned by the court and obeyed the limitations, bailiff may deliver a proposal to the prosecutor a pre-terms annulment of the sentence after less than 50% of the sentence period elapses.

189.8.Bailiff may get information on convict sentenced with compulsory measures to assign duties and restrain rights, on violation of duties and limitations by all means, specified in the law.

189.9.In case that convict sentenced with compulsory measures to assign duties and restrain rights, violates the schedule and timeframe, stated in Article 189.1 of this law, and court imposed duties, bailiff shall propose annulment of court decision on compulsory measures and imposing new penalties to the prosecutor.

189.10.In the enforcement of court decision on compulsory measures to assign duties and restrain rights, technical and physical inspection, stated in Article 167 of this law, may be applied.

189.11.Court decision enforcement agency shall have its professional unit and training program for provision of behavior change training for convicts.

189.12.Regulation for organizing training shall be approved by the Chair of central body for court decision enforcement.

189.13.Accredited and licensed NGO may be outsourced on contract basis for provision of behavior change training for the convict sentenced for compulsory measures.

Article 190.Enforcement of court decision imposing compulsory measures of medical nature

190.1.If court rules to impose compulsory measures of medical nature, court shall specify the type of medical institution to enforce the measures.

190.2.As soon as court issues a decision imposing compulsory measures of medical nature, court decision enforcement agency shall be responsible for delivering the convict to the medical institution and court decision, psychopathological check conclusion and other necessary document shall be delivered at the same time.

190.3.Costs associated with treatment of persons, stated in Article 190.1 of this law, shall be paid from the state budget.

190.4.Court decision enforcement agency, hospital and police shall carry out measures to prevent the person under coercive treatment from committing crime.

190.5.Institution responsible for enforcing compulsory measures of medical nature shall be obligated for the following duties:

190.5.1.Ensure that necessary diagnosis and treatment is made on the person under compulsory treatment on time;

190.5.2.Report the process and result of the treatment accurately/correctly and clearly;

190.5.3.Provide expert’s conclusion on extension, modification or cessation of the medical treatment depending on results of treatment and condition of ailments;

190.5.4.In case there is no need to continue the compulsory measure of medical nature or need to extend the period, immediately notify to prosecutors and court decision enforcement agency.

190.6.In case that person who had legal capacity for the criminal case, but lost the capacity during the prosecution and adjudication process, is taken a compulsory measure of medical nature restored his/her legal capacity, a conclusion on discontinuation of the compulsory measures shall be made to the bailiff, from then on to the prosecutor within 10 days.

190.7.Prosecutor, grounded on conclusion and other respective documents, shall propose either to terminate compulsory measure of medical nature and continue previously imposed sentence or propose bill of particulars to terminate or annual compulsory measure of medical nature and imposing a sentence, and transfer to the court.

190.8.In case that prosecutor reviews the proposal stated in Article 190.6 of this law and decides to stay with the penalty of compulsory measure of medical nature, the decision shall be delivered to the institution responsible for enforcement of compulsory measure.

190.9.With request from legal representatives or advocate of the convict under coercive treatment and proposal from prosecutor, the conclusion, set forth in Article 190.5.3 of this law, may be issued.

190.10.Regulation on enforcement of court decision on compulsory measures of medical nature and supervision on the enforcement shall be approved jointly by the Cabinet member in charge of justice and Cabinet member in charge of health.

Article 191.Enforcing court decision imposing compulsory measure of assets and income seizure

191.1.Bailiff shall enforce the court decision imposing compulsory measure of seizure of assets and income according to rules set forth in Part Two of this law.

191.2.Process of enforcing a decision to coercively seize assets and income shall consist of measures to coercively and irrevocably seize the assets and income, stated in the court decision, transfer to respective government agencies for state income and generate the proceeds of sale in the state budget.

191.3.Bailiff shall carry out the process of holding the relevant parties harmless from the seized assets and income, according to rules set forth in the law.

191.4.Regulation for seizure and disposal of forearms and other items if weapons nature shall be approved jointly by the Cabinet minister in charge of justice and Prosecutor-General.

Article 192.Enforcement of court decision on taking compulsory measures of disciplinary nature

192.1.According to Criminal Code, public administration agency in charge of children’s issues shall enforce the compulsory measures of disciplinary nature imposed to juveniles.

192.2.Prosecutor shall supervise process undertaken according to Article 192.1 of this law and court decision enforcement agency shall provide with technical and professional management and guidance.

192.3.Regulation for enforcement of compulsory measures of disciplinary measure shall be approved jointly by the Chair of the court decision enforcement agency and pubic administrative body in charge of children’s issues.

Article 193.Concluding compulsory measures

193.1.On the following grounds, bailiff shall conclude the compulsory measures and close the enforcement case file:

193.1.1.Court decision that imposed the compulsory measures is terminated;

193.1.2.Period of the compulsory measures expire;

193.1.3.Convict is pardoned or amnestied;

193.1.4. 2 years elapsed since the convict imposed with compulsory measures is deceased or considered as missing;

193.1.5.Person, who is imposed with compulsory measures, committed a crime and penalized;

193.1.6.Decision imposed compulsory measures is terminated, and convict is sentence.

193.2.Bailiff shall deliver his/her decision in concluding the compulsory measure to the prosecutor and police within 3 working days.

Article 194.Enforcing court decision on compulsory measures to liquidate a legal entity and deprive from rights

194.1.Court decision imposing compulsory measure of liquidation of legal entity shall be considered as imposed when the entity is liquidated and removed from the state registration.

194.2.Liquidation shall be carried out by a Liquidation Commission, according to Article 32.2 of the Civil Code, and the Commission shall include no less than 4 members, including representatives of the legal entity being coercively liquidated, senior bailiff, bailiff and a representatives of government agency in charge of company registration.

194.3.Commission shall organize the liquidation of the legal entity, this is penalized for coercive liquidation, according to rules set forth in Article 32 of the Civil Code, and deliver notice of terminating the legal entity registration to agency responsible for state registration and notice on terminating the licenses to the authorities that issued the licenses and permits.

194.4.State registration agency shall make a decision to remove the legal entity from the state registry according to law on registration of legal entities and publicize.

194.5.Period for accepting applications and claims from person exercising right to demand obligations from the legal entity under liquidation shall be no less than 2 months and no more than 6 months after the liquidation is announced publicly.

194.6.Commission shall satisfy the creditor’s demand from the liquidated legal entity in the following sequence:

194.6.1.Payment of any damages inflicted to others due to crime;

194.6.2.Payment imposed by court decision;

194.6.3.Salary that must be paid to the employees due to labor contract;

194.6.4.Other accounts that must be settled with other parties according to law.

194.7.In case the the pecuniary funds available at the legal entity is insufficient to satisfy the demand, stated in Article 194.5 of this law, Commission shall sell other properties according to rules set forth in this law and pay due amount.

194.8.After satisfying the demand from creditors, issues on remaining properties shall be resolved according to the court decision.

194.9.Compulsory measures of deprivation of rights penalty imposed on the legal entities shall be enforced according to rules set forth in Chapter Nineteen of this law.

ARTICLE TWENTY ONE

ENFORCEMENT OF COURT JUDGMENT IMPOSING IMPRISONMENT SENTENCE

Article 195.Penitentiary institution

195.1.Penitentiary institutions shall consist of open and closed prison, special institution for training the discipline, detention center and facility, general and specialized hospitals (hereinafter referred to as penitentiary facility) and vocational training center.

195.2.Penitentiary institutions shall have centralized structure.

195.3.A penitentiary facility may be divided into several separate sections of different classifications, where the prisoners sentenced for different grades of regimes are not mixed.

195.4.It is prohibited to abolish or re-structure penitentiary facility, making prisoners work according to the education and qualification and transfer the prisoner to other penitentiary facility than the initially assigned facility for purposes except ensuring prisoner’s security or other reasonable grounds.

195.5.Convict serving the imprisonment sentence shall be called “prisoner’.

195.6.Internal regulation for the penitentiary facility shall be approved by Cabinet member in charge of justice, in cooperation with Prosecutor- General.

Article 196.Entry to penitentiary facility

196.1.In the course of performing the official duties, prosecutor shall be entitled to enter the penitentiary facility free of any hindrance.

196.2.Officials authorized by law shall enter the penitentiary facility by notifying to the Chair of the facility and other citizens and officials shall enter subject to permission by either the Chair of the facility or Chair of the sentence enforcement department.

196.3.Ordinary staff may work at the penitentiary facility sections for production and service section for the purpose of providing professional training to prisoners, skills development practice, providing the production and service with professional management and giving instructions and advice. Ordinary staff working in production and service section shall not exceed one fourth of the the total prisoners working in this section.

196.4.Representative of mass media shall enter the penitentiary facility with permission from the Chair of sentence enforcement department, grounded on opinions of the penitentiary facility, and shall interview, made audio-video, audio and video recording with written consent from the prisoner.

Article 197.Establishing, restructuring and abolishing penitentiary facility and determining the direction of production and location of penitentiary facility

197.1.Issues pertaining to establishing, restructuring and abolishing penitentiary facility and determining and modifying the location of penitentiary facility shall be resolved by Cabinet, based on proposal from Cabinet member in charge of justice.

197.2.Key directions/area of the production of the penitentiary facility shall be set by the Cabinet member in charge of justice, based on proposal from aimag and capital city Governor and Chair of central agency for enforcement of court decision.

Article 198.Open penitentiary facility

198.1.Open penitentiary facility shall have either normal or special classification/regime.

198.2.Normal regime penitentiary facility shall house prisoners that committed crime for the first time and sentenced for up to 2 years of imprisonment or prisoners that committed undeliberate crime and special regime open penitentiary facility shall have prisoners sentenced for two or more years of imprisonment or prisoners transferred from closed penitentiary facility to the open penitentiary facility for continuation of sentence and previously committed crime and penalized by court.

198.3.Prisoner serving sentence in the normal regime of open penitentiary facility shall be entitled one long time conjugal meeting once in 30 days, and the number short term meeting, phone calls, letter correspondence and parcels shall not be limited.

198.4.Prisoner serving sentence in the special regime of open penitentiary facility shall be entitled one short time conjugal meeting once in week, one long terms meeting once in 45 days, one parcel and one phone call a week, respectively, and letter correspondence shall not be limited.

Article 199.Closed penitentiary facility

199.1.Closed penitentiary facility shall have either normal or special classification/regime. Special regime section shall have a designated unit for prisoners sentenced with life imprisonment.

199.2.Normal regime closed penitentiary facility shall house prisoners that committed crime for the first time and sentenced for up to 4-6 years of imprisonment or prisoners that committed minor crime in the past and sentenced for up 4 years of imprisonment and special regime closed penitentiary facility shall have prisoners sentenced for six or more years of imprisonment or prisoners previously committed deliberately committed felony and penalized by court.

199.3.Prisoner sentenced for life imprisonment shall serve the sentence in the special regime of the closed penitentiary facility.

199.4.Prisoner serving sentence in the normal regime of closed penitentiary facility shall be entitled for one short -time conjugal meeting once in 60 days, and one long term meeting in 90 days, get one parcel and make one phone call in 30 days, respectively.

199.5.Prisoner serving sentence in the special regime of closed penitentiary facility shall be entitled one short time conjugal meeting once in 90 days, one long terms meeting once in 120 days, one parcel and one phone call in 60 days, respectively.

199.6.Prisoners in the closed prison may work only in the production section of the penitentiary facility.

Article 200.Imprisonment in special regime section of closed penitentiary facility

200.1.Convict in the special section of the closed penitentiary facility shall be prisoned in solitary cell and, if deemed necessary, two prisoners may be in one cell based on permission from Chair of penitentiary facility, in consultation with the prosecutor.

200.2.Prisoners shall be given a yard walk for no longer than one hour a day in the specially designated area and under strict security measures.

200.3.Prisoners may get to work only in the penitentiary facility.

200.4.Prisoner may have temporary conjugal visit twice in 180 days, send a letter once in 30 days and receive parcel once in 90 days.

Article 201.Imprisonment of juveniles

201.1.Juveniles sentenced for imprisonment shall serve their sentence in the special facility for training and discipline/correction.

201.2.Special facility for training and discipline shall have a special unit for the female juveniles.

201.3.In case that juvenile prisoner reaches the age of 18, she shall be transferred to penitentiary facility and transfer shall be resolved three months prior to reaching the age of 18 by the chair of facility submitting a proposal to the prosecutor and court shall finalize based on the prosecutor’s opinion.

201.4.The remaining imprisonment period for the prisoner transferred to the penitentiary facility and the regime of penitentiary facility shall be resolved by court based on conclusions made by the prosecutor.

201.5.In case that remaining period fort the juvenile prisoner exceeds 2 years, juvenile prisoner may stay in the special facility until the sentence ends based on proposal of the penitentiary facility chair’s opinion and conclusion of the prosecutor and taking into account of the personal condition and behavior of the prisoner.

201.6.Number of conjugal meetings, short term meeting and phone calls for the juvenile prisoner shall be limited and long-term conjugal meeting shall be available once in 15 days.

Article 202.Imprisonment of female convict sentenced with incarceration

202.1.Female convict above age 18, sentenced for incarceration, shall serve the sentence in the open and closed penitentiary facility for women.

202.2.Closed penitentiary facility for women shall have normal and special regimes.

202.3.Normal regime penitentiary facility shall house female prisoners that committed crime for the first time and sentenced for up to 5 years of imprisonment or prisoners that committed undeliberate crime and subject to 5 or more years of imprisonment. Number of receipt of parcel shall not be limited and female prisoner in open penitentiary facility may have one short term conjugal meeting once a week and long-term conjugal meeting once in 30 days, send a parcel and make a phone call once a week, respectively.

202.4.Normal regime closed penitentiary facility shall house prisoners sentenced for 5 or more years, or committed crime in the past and penalized by the court. Prisoner may have one short term conjugal meeting once in 30 days, long-term conjugal meeting once in 60 days, make phone call once in 30 days and receive parcel once in 15 days.

202.5.Special regime closed penitentiary facility shall house prisoners that are sentenced for 10 years or longer or prisoners sentenced for life, or prisoners that committed two or more felony crimes in the past and penalized by court. Prisoner in this regime may have short terms conjugal meeting once in 45 days, and long term meeting since in 90 days, receive a parcel once in 30 days and make phone call once in 60 days.

202.6.In case the prisoner gives birth of a child during the sentence period, child may sat with mother until the age of 2. In this case, limitations on parcels, set forth in Articles 202.3and 202.5 of this law shall not apply.

202.7.In case that the child reaches age of two and the remaining period for the female prisoner does not exceed on year, child may be permitted to stay until the end of the sentence.

202.8.Child staying with mother in the penitentiary facility shall be supplied with special premise and condition allowing healthy and safe growth.

Article 203.Central and specialized penitentiary hospital and their functions

203.1.Department for incarcerations shall have central and specialized hospital, penitentiary facility shall have a medical care unit and the detention center shall have its hospital.

203.2.Central penitentiary hospital shall have the following duties:

203.2.1.Prevent prisoners from potential diseases and take measures to provide health care and service;

203.2.2.Provide the penitentiary hospitals with the professional guidance and management;

203.2.3.Submit proposal to administration of penitentiary facility and court decision enforcement department on exemption from sentence due to diseases and pre-term release release on probation of prisoners and persons sentenced with deprivation of rights penalty;

203.2.4.Provide necessary certification and inquiry for assessing the loss of work capacity to the Social Insurance Medical and Labor Assessment Committee in the respective aimag, capital city, soum and district.

203.3.Specialized hospital shall perform the following obligations:

203.3.1.Prevent from, detect and diagnose any potential infectious disease spread among the prisoners, conduct surveillance, treat and take other measures of medical health and services;

203.3.2.Classify the prisoners according to disease and infection regardless of regimes and classification of penitentiary facility and continue the service of sentence in the hospital.

203.4.In case that expenses for the medical care and service provided to insolvent prisoner exceeds the limits for the year, the expense shall be paid from the state budget.

203.5.Central state administrative agency in charge of health shall provide the penitentiary hospital with professional and technical management and necessary human resources.

203.6.Medical care and service shall be provided to the prisoner in settings that meet the requirements in the health sector legislations.

203.7.Regimes for the central and specialized hospitals shall be determined by the Cabinet members in charge of justice in cooperation with Prosecutor General.

203.8.Section in the penitentiary facility designated to provide primary health care to the prisoner shall have a licensed medical personnel and shall be equipped with equipment and rooms for first aid and paramedic health.

Article 204.Providing medical health and service our of the penitentiary facility

204.1.For the prisoner suffering from serious illness, medical institutions of the respective area/territory shall provide the following types of medical service:

204.1.1.Emergency medical service at the call from the penitentiary facility;

204.1.2.Specialized medical care and services by the central and local health institutions according to agreement made with the penitentiary facility;

204.1.3.Resolve issues to assess the degree of loss of work capacity of the prisoner in compliance with regulations of the medical and labor assessment commission..

204.2.Regulation for medical treatment of the prisoner with serious illness out of the penitentiary facility shall be resolved jointly by Cabinet member in charge of justice and Cabinet member in charge of health.

Article 205.Council at the central agency for enforcement of court decision

205.1.A council responsible for identifying the penitentiary facility for prisoners sentenced for the first time and setting the grade/classification of penitentiary facility, shall operate at the central agency for enforcement of court decision (hereinafter referred to as the Council).

205.2.Operational regulation and members of the council shall be endorsed by Cabinet member in charge of justice, in collaboration woth Prosecutor General.

205.3.In performing its functions, stated in Article 205.1 of this law, council shall issue a resolution and shall deliver its resolution to Prosecutor within 10 days for review.

205.4.Remuneration of council members and operational expenses shall be paid by the central agency in charge of enforcement of court decision.

Article 206.Changing the grade and the regime of the penitentiary facility

206.1.The regime and grade of the penitentiary facility for the prisoner may be changed depending on the nature of the crime committed, personal behavior and status of correction of the prisoner, according to rules and grounds set forth in this law.

206.2.Council stated in Article 224.2 of this law shall propose on issues related to degrading or upgrading the penitentiary facility for the prisoner to the prosecutor, and if the prosecutor reckons the grounds as valid, the conclusion shall be delivered to court for final resolution, and issues related to changing the grades and regime of the penitentiary facility shall be resolved by the prosecutor, based on proposal from the council, stated in Article 224.2 of this law.

206.3.Regulation for changing the regime and grade of the penitentiary facility of the prisoner and change of penitentiary facility shall be approved by the Cabinet member in charge of justice, in cooperation with the Prosecutor General.

206.4.Prisoner, who is transferred to other grade or regime according to Article 206.3 of this law shall meet requirements, including serving no less than one third of the total period, no disciplinary violations record in the past one-year period in the open penitentiary facility and serving no less than the half of the sentence period and no disciplinary violation record in the past one year in closed penitentiary facility.

206.5.In case that a prisoner sentenced for life serve no less than 10 years in the special regime of closed penitentiary facility , the prisoner may be transferred to normal regime of closed penitentiary facility.

206.6.Prisoner to be degraded according to Article 206.5 of this law should not have any disciplinary violations in the past one year period, if there is disciplinary violations during this period, the transfer shall be resolved one year after the violation.

206.7.Prisoner in the special regime of the open penitentiary facility that had no disciplinary violations and having assessed as positive in terms of correction and discipline, shall be transferred to normal regime of open penitentiary facility one year before the sentence period ends.

206.8.In the event that prisoner had two or more disciplinary violations, or or had a serious violation, the council shall propose transfer from normal regime of open penitentiary facility to special regime and from normal regime of closed penitentiary facility to special regime of closed penitentiary facility, from special regime to special unit by aggravating the grade and regime, to the prosecutor and prosecutor shall make decision within 10 days.

206.9.If the prisoner, transferred according to Article 206.8 of this law, does not commit any violation in the downgraded regime for one-year period, the transfer may be made reversely from special to normal till the grade that was initially assigned.

206.10.Transfer of grade and regime for the prisoner shall not be made more than once a year.

206.11.In case that the prisoner, transferred to special regime of open penitentiary facility according to Article 206.8 of this law, repeats the violations stated in the same Article, a proposal shall be made to prosecutor offering transfer to closed penitentiary facility, according to Article 206.2 of this law, and the prosecutor shall review the proposal and deliver the proposal to the court for final decision.

Article 207.Secure transportation of prisoner to penitentiary facility and receiving prisoners

207.1.Central agency for enforcement of court decision shall have a unit responsible for secure transportation of prisoners to the assigned penitentiary facility.

207.2.In transporting prisoners, inmates shall be transported separately as specified in Article 208 of this law.

207.3.Panel of officers appointed by the Chair of penitentiary facility shall receive prisoners transported in.

207.4.New prisoners shall be located in separately for two weeks, introduce the internal rules of the penitentiary facility through training, social worker and psychologist of the penitentiary facility shall conduct interview and personal meetings to determine the behavior and characteristics of the prisoner.

207.5.During the period that prisoner is kept in the separate cell, following measures shall be undertaken:

207.5.1.Introduce about restricted zones of the penitentiary facility, rights and obligations of the prisoner;

207.5.2.Identify the education level, profession, skills and competencies of the prisoner;

207.5.3.Locate the prisoner and make schedules for penal work;

207.5.4.Supply prisoners with prison uniform and shoes;

207.5.5.Provide occupational safety instructions;

207.5.6.Inform the family of the prisoner that the prisoner is assigned to that penitentiary facility, the location of the facility and any prohibitions and limits.

207.6.Money, valuables and securities held by prisoner shall be transferred to the financial department of the penitentiary facility for storage in the personal accounts of the prisoner.

207.7.After undertaking all measures stated in Article 207.5 of this law, prisoner shall be assigned to the cell based on proposal from the authorized officer, according to schedule approved by the Chair of penitentiary facility.

207.8.At the time of receiving the prisoner, after the short and long term conjugal meetings, transferring to or receiving from other agencies and officers, search shall be made in the prisoner’s body and belongings.

207.9.Check the body of the prisoner whether there are injuries and scars, if yes, record the form, scope and characteristics in the notes, and document using photo and video recording. If there are grounds that the injuries and scares in the body of the prisoner are caused by illegal acts, it shall be transferred to the respective officer and agency for investigation of the cause and condition.

Article 208.Placing prisoners separately

208.1.Juveniles, men and women who are sentenced for incarceration shall be hold separately.

208.2.Prisoner with infectious disease that could cause damage to health of other people shall be imprisoned in isolation.

208.3.Prisoner sentenced for the first time shall be imprisoned/jailed separate from prisoner that committed repeated crime, prisoner being corrected from prisoner being corrected badly, prisoner committed a crime of consuming narcotics and psychotropic substances from prisoner committed the same crime, and prisoner sentenced for economic crime from prisoners committed crime in accomplice as organized crime group.

Article 209.Requirements on the inmate cells

209.1.Inmate cell shall meet international standards.

Article 210.Rights of prisoner

210.1.Prisoner shall have the following rights:

210.1.1.Access to information on the condition, regulation, rights, obligations and limitation related to incarceration sentence;

210.1.2.Lodge complaint and claim to any institution, agency and officials on issues pertaining to him/her through the administration of the penitentiary facility;

210.1.3.Get advocate and legal counseling;

210.1.4.Produce scientific, arts and literary works in the place set by the penitentiary facility at his/her own costs;

210.1.5.Have access to medical care and service;

210.1.6.Have short and long term conjugal meeting with family members according to this law, communicate with cell phone and letters, receive parcel, and receive and send money remittance though an account on his/her name;

210.1.7.Subscribe daily newspapers and magazines at his/her won cost and use the library of the penitentiary facility free of charge;

210.1.8.Continue receiving pension and welfare allowance, which were previously has access to, and get legally permitted pension and allowances identified and imposed of prisoner meets the requirements;

210.1.9.Demand the officers of penitentiary facility and authorized officials to treat humane, or not to treat inhumane, aggressive and degrading ways affecting the dignity;

210.1.10.Get the personal safety protected;

210.1.11.Stay off from any experiments that could have potential harm on health regardless the prisoner permitted or not;

210.1.12.Purchase Foodstuff, meal, hygiene products and other necessities at the permitted quantity according to rules set forth in this law;

210.1.13.Practice religious ceremony;

210.1.14.Study at universities and colleges at his/her own cost through distance training;

210.1.15.Inform the family members about the location of penitentiary and contact information.

Article 211.Obligation of the prisoner

211.1.Prisoner shall be obligated for the following duties:

211.1.1.Obey and comply with the legislations, subject to adherence to in the penitentiary facility, and regulations made by authorized officials in conformity with legislations, and legal demand imposed by the penitentiary facility and its officers;

211.1.2.Comply with activities and operations schedule set forth by the penitentiary facility;

211.1.3.Perform the work assigned by officers of penitentiary facility, and strictly comply with security rules and occupational safety instructions;

211.1.4.Participate in trainings organized in accordance wioth rules and regulations;

211.1.5.Protect own health, comply with instructions and advice from from doctors and pay the associated costs in case of intentionally damaging own health, or getting ill for purpose;

211.1.6.Use the items, labor tools and equipment in possession according to the designated purpose and avoid from damaging;

211.1.7.Refrain from calling for committing crime and act of violation, not to take provocative acts, refrain from acts or omissions to organize certain provocative acts;

211.1.8.Treat with respect to officers of penitentiary facility, officials, other prisoners and other person in the penitentiary facility;

211.1.9.Strictly comply with hygiene and sanitation requirements.

211.2.It is prohibited to organize sit-ins, hunger strike, use and storage of mobile phones, use and storing cash, currency and valuables.

211.3.In exercising the rights, specified in this regulation, prisoner shall be responsible not to violate the internal rules of penitentiary facility, rights of prisoners and officers of penitentiary facility and their legitimate interests.

211.4.Foreign citizens in the penitentiary facility shall exercise rights and perform obligations, set forth in this Article, and shall have a right to meet and communicate with officer of diplomatic mission of his/her own country through the consulate unit of central state administrative agency in charge of foreign affairs.

Article 212.Transfer of prisoners to authorized agencies

212.1.In the event that adequate grounds are found that the prisoner perpetrated a crime before the court rulings is released or during the course of serving the sentence, prisoner may be transferred to inquiry and investigation agency as sanctioned by the prosecutor.

212.2.When the prisoners are transferred according to Article 212.1 of this law, the recipient official shall deliver the prisoner to the detention center or temporary detention facility based on the court rulings on detention and this period shall be counted in the overall period of sentence.

Article 213.Meeting and communicating whit others

213.1.Under proper control, prisoner may have short term conjugal meeting with his/her spouse, biological and in-law parents, biological brothers and sisters, grand parents, siblings living in the same family and other persons.

213.2.Chair of penitentiary facility shall set the duration of temporary meeting as no more than three hours and long term meeting no more than 72 hours, and prisoner and person requesting the meeting shall be liable for paying the associated costs.

213.3.Person seeking long term conjugal meeting shall have a document certifying that he/she is a family member of the prisoner.

213.4.Authorized officer of the penitentiary facility shall inspect the letter and parcels of the prisoner in order to ensure the security of the penitentiary facility.

213.5.Phone call made by the prisoner shall not exceed 5 minutes at a time.

213.6.Prisoner shall be responsible for the costs associated with sending letters, making phone calls and having conjugal meetings for long time.

Article 214.Prisoner’s work-penal work and its conditions

214.1.Prisoner’s labor shall be organized consistent with occupational safety and security rules, set forth in the respective legislations.

214.2.Penitentiary facility shall take measures to supply the prisoners with skills, qualifications in certain trades and establish equal opportunities for practices and acquisition of competence.

214.3.It is prohibited to get the prisoner work without incentives and remunerations on jobs except the internal work of the agency for enforcement of court decision.

214.4.Work and vacation hours of prisoners in the open penitentiary facility shall be regulated according to labor related legislations.

214.5.In putting prisoner on penal work, their profession, qualification and working capacity shall be taken into account and having no qualification shall not serve as the grounds for exempting from labor.

214.6.Open penitentiary facility may put its prisoner wo work at legal entities that the penitentiary facility owns or has stake in, or at other legal entities on the basis of agreement, provided that proper control and guarding is supplied.

214.7.Grounded on request from prisoners of the open penitentiary facility, the prisoner may be out to work in the closed penitentiary facility, detention center, penitentiary hospital general services.

214.8.Work and vacation hours for prisoners in closed penitentiary facility may different as opposed to the legislations on labor.

214.9.Unless otherwise stated in the law, prisoner shall not be put into work on positions related to state secret, and special objects with military and strategic significance and special objects with special regimes.

214.10.In case that the prisoner needs special protective clothes and persona protection tools as specified in the labor related legislations and additional food, these necessary stuff shall be supplied, for free.

214.11.With the request from the prisoner, disabled prisoners, male prisoner above age 60 and female prisoner above age 55 may be out into the work that is consistent with their physical and health conditions.

Article 215.Remuneration for prisoners

215.1.Remunerations shall be paid for the labor of prisoner.

215.2.Employer that recruited the prisoner on the contractual basis shall transfer the salary to the bank account of the penitentiary facility.

215.3.Penitentiary facility shall deduct the payment, imposed by court for restitution of damages from prisoner’s salary for working at the penitentiary facility and at the other legal entities, received according to Article 215.2 of this law, as well as deduct any damages inflicted to penitentiary facility due to faulty acts of prisoners and remaining balance shall be generated in the bank account of the prisoner.

215.4.Prisoner shall be able to purchase necessary foodstuff and hygiene supplies only through transfer from his/her bank account according to Article 215.3 of this law, per month, and the remaining balance shall be paid back to the prisoner after release.

215.5.Prisoner’s labor norm and remuneration shall be set by the Chair of agency for enforcement of court decision consistent with the outcomes of labor, and the remuneration amount shall be no lower than the minimum wage.

215.6.Remuneration of prisoner’s work requiring thorough skills and qualification and working in special conditions shall be no lower than the market rate for the same job.

215.7.Penitentiary facility or the employer shall calculate the payment for prisoner’s work in compliance with norms and salary rate, stated in Article 215.5 and 215.6 of this law, and transfer to the agency for court decision enforcement.

215.8.Amount of deduction, stated in Article 215.3 of this law, shall not exceed 70% of the salary earned by the prisoner and the regulation for deduction shall be approved by Cabinet member in charge of justice

Article 216.Prohibiting employing prisoners for work

216.1.It is prohibited to put prisoners on work in the following circumstances:

216.1.1.Requirements and guarding and security not met;

216.1.2.Regulation on occupational safety not complied with or no instruction given;

216.1.3.Doctor and psychologist certified that the prisoner in bad physical and heath condition and instable psychological state.

Article 217.Prisoner working outside of the penitentiary facility

217.1.Prisoner in the open penitentiary facility and served for more than 50% of the sentence may work outside of the penitentiary facility without security guards and prisoner that served less than 50% of the sentence may work outside or at the penitentiary facility jobs without security guard on the contract basis as sanctioned by prosecutor.

217.2.In circumstances other than those stated in Articles 214.6, 214.7 and 217.1 of this law, it is prohibited to put the prisoner work outside of the penitentiary facility.

Article 218.Socialization work

218.1.Within the framework of the socialization work at the penitentiary facility, professional socialization service on supporting the prisoner to participate in the societal affairs with cognizance, build capacity of the societal skills and self-development shall be provided to the prisoners.

218.2.Penitentiary facility shall have a specialized unity for provision of socialization work, and as soon as the penitentiary facility receives a prisoner, the needs for socialization service is identified and plan and act accordingly.

218.3.Penitentiary facility may carry out the socialization work with financing from government and non-government organizations and project implemented with international organizations.

Article 219.Forms and arrangement of socialization activities

219.1.Socialization work shall be organized informs such as providing prisoners with knowledge on law, employment practical work, career guidance, qualification building, skills development, awareness raising, training on traditional customs and creating positive attitudes based on interests and dreams.

219.2.In addition to officers of the penitentiary facility, other organizations and citizens may be engaged in socialization work.

219.3.Socialization work shall be organized step-by-step according to tailored plan and program considering the nature of the crime, personal perception, age, gender and sentence conditions, in individual or group settings. In organizing socialization work, penitentiary facility and officers may get assistance from other organizations and officials within the legally specified framework.

219.4.Socialization work shall be organized in combination of labor and training, promoting creativity and initiative of prisoner and psychological influencing taking into account of the penitentiary facility regime and grade.

Article 220.Training at the penitentiary facility

220.1.Juvenile prisoners shall be provided with full genera education and other prisoners shall be provided with opportunities for self-learning and qualification building.

220.2.General education training shall be organized at the penitentiary facility.

Article 221.Forms of training at the penitentiary facility

221.1.Penitentiary facility may organize vocational training and skills building training for prisoners in the production areas that the penitentiary facility is engaged in.

221.2.Prisoners shall participate in the labor skills training on voluntary basis.

Article 222.Compulsory training at the penitentiary facility

222.1.Penitentiary facility shall provide compulsory literacy training to a Mongolian citizen-prisoner, who is illiterate and behavior change training for prisoners that perpetrated domestic violence and used narcotics, psychotropic substances and alcohols.

Article 223.Incentives and rewards for prisoners

223.1.Prisoners that strictly complied with regimes and rules of the penitentiary facility and made excellence in penal labor shall be rewarded according to decision of the Chair of penitentiary facility, as follows:

223.1.1.Increase the frequency of short and long term conjugal meetings by one for each 45 days;

223.1.2.Give bonus days as specified in the law;

223.1.3.Award with items that are not prohibited by the internal rules of the penitentiary facility.

Article 224.Bonus days for the prisoner

224.1.Provided that the prisoner had no disciplinary violations and performed the assigned work and service at high quality level, actively participated in the training-disciplinary activities and the socialization program and positively evaluated by the Chair and officers of penitentiary facility for compliance with law, behavior and personal conduct, prisoner shall be able to get bonus days.

224.2.A council, designated for determining the bonus day awards for prisoners and convicts whose rights for travel is restrained, changing the prisoner’s grade and regimes of the penitentiary facility according to rules and regulations set forth in this law, making proposal on the pre-term release of the prisoner, shall operate at the penitentiary facility and department for enforcement of court decision and the regulations for the council shall be approved by the Chair of the central agency for enforcement of court decision.

224.3.In case that the prisoner satisfies the requirements stated in Article 224.1 of this law, the the total penal work hours totals no lower than 160 hours, including the monthly total hours in the penitentiary facility alone, or sum of total hours prior to and after the arrival in the penitentiary facility, up to 10 bonus day per month may be awarded taking into account of the productivity and quality of work.

224.4.In awarding the bonus days, house that the prisoner worked extra time, weekends, at night and public holidays shall be multiplied by 1.5 times.

224.5.Bonus days awarded to the prisoner shall not exceed 30 days per quarter.

Article 225.Making proposal on pre-term release and setting surveillance on the released prisoner

225.1.Penitentiary facility shall organize session to determine the eligibility for pre-term release and setting surveillance over the prisoner on the grounds specified in the Criminal Law, once on evert 30 days.

225.2.If the meetings, specified in Article 225.1 of this law, resolved that the prisoner satisfied all requirements for pre-term release, the penitentiary facility and the Chair of the court decision enforcement department shall prepare a proposal for pre-term release and follow up surveillance and submit to prosecutor within 3 working days together with the meetings minutes and other necessary documents, and prosecutor, if deems as reasonably grounded, shall deliver his/her conclusion to the court, which will resolve within 14 days.

225.3.In the event that court rejects the prosecutor’s conclusion on pre-term release and setting surveillance, the issues shall not be re-visited again within the subsequent 6 months.

Article 226.Proposing transfer to open penitentiary facility

226.1.A proposal of transferring a prisoner that had no record for disciplinary violations, performed the duty of labor and received bonus days, and actively participated in the training and socialization activities, to open penitentiary facility one year prior to the end of sentence shall be discussed by a council, stated in Article 224.2 of this law, and the final decision shall be prosecutor. In case prosecutor deems the proposal as reasonably grounded, the proposal shall be transferred to the court for final ruling.

Article 227.Disciplinary penalties imposed onto the prisoner

227.1.In case the prisoner violates legislations, penitentiary facility rules and regulations, and legally imposed obligations, following disciplinary penalties shall be imposed by the decision of the Chair of penitentiary facility:

227.1.1.Limit the right for daily, monthly, quarterly or annual short and long term conjugal meetings or the right to phone calls for up to three month period;

227.1.2.Incarcerate in solitary confinement;

227.1.3.Cur the bonus days awarded for that month, quarter and year.

227.2.In case there is adequate grounds for the acts or omission of the prisoner violating the internal rules of the penitentiary facility constitutes criminal act or omission, chair of the penitentiary facility shall inform it to the prosecutor and the case shall be investigated by the police department responsible for that territory.

227.3.It is prohibited to impose the penalties stated in Article 227.1 of this law, in combination.

227.4.Information on imposing disciplinary penalties to the prisoners shall be compiled every fortnight, and the data and copy of the investigation of the disciplinary violation shall be sent to the prosecutor.

Article 228.Incarcerating prisoner in the solitary confinement

228.1.Days for jailing in solitary confinement shall be up to 30 days for male prisoner above age 18, up to 15 days for female prisoner above age 18, and up to 60 days for male prisoners and up 30 days for female prisoners in special circumstances.

228.2.In the following instances of serious violation of the penitentiary facility rules, the penalty of confinement in solitary cell shall be imposed:

228.2.1.Non-compliance with the legal demand insisted by the officer of penitentiary facility and an officer of authorized agency for oversight of operations of penitentiary facility, resistance to officers, insult others, or intimidation of use of force to officer of penitentiary facility and family members;

228.2.2.Prisoner caused intentional damage to his/her body;

228.2.3.Used force against other prisoners, insult and intimidation of prisoners;

228.2.4.Acquisition, storage and use of alcohol, narcotics and psychotropic substances;

228.2.5.Organize and playing gambling for profit, acquisition and use of mobile phone;

228.2.6.Had two or more disciplinary violations within three-month period;

228.3.Chair of the penitentiary facility shall make a decision on detention in the solitary confinement by checking the determination of the violations and documents investigating violations and based on the opinion of the officer that investigated the cases.

228.4.In immediate cases, chief officer on duty of the penitentiary facility may jail the prisoner in the solitary confinement for up to 24 hours in order to prevent from committing any crimes, and any decision on further extended confinement shall be made by the Chair of the penitentiary facility after reviewing the materials, stated in Article 228.3 of this law.

228.5.Before transferring the prisoner to the solitary confinement, medical check must be made.

228.6.In case that the prisoner is detained in the solitary confinement, it shall be notified to the prosecutor immediately.

228.7.Condition and rules to apply in the solitary confinement and isolator shall be approved by the Cabinet member in charge of justice, in partnership with Prosecutor- Secretary.

228.8.The rights of prisoner in the solitary confinement to conjugal meetings, receiving parcels, phone calls and purchase of foodstuff and necessary supplies shall be restrained during the period in the solitary confinement.

228.9.Prisoner staying with child, as specified in the Article 202.8 of this law and pregnant prisoners shall not be punished with solitary confinement.

228.10.The period that the prisoner staying in solitary confinement during the investigation of the act or violation shall shall be included in the total period of stay in solitary confinement.

Article 229.Release from solitary confinement

229.1.Prisoner shall be released from the solitary confinement on the following grounds:

229.1.1.Period for penalty for solitary confinement ended;

229.1.2.Prosecutor ruled that the penalty of solitary confinement was not reasonably grounded;

229.1.3.Curfew set at the penitentiary facility or prisoner needed to get emergency medical care.

229.2.In case that the grounds, stated in Article 229.1.3 of this law, exist not anymore, Chair of the penitentiary facility shall decide whether to retrospectively impose solitary confinement or not.

Article 230.Prisoner security and transfer to isolation room

230.1.In the presence of adequate grounds that the health and lives of prisoner under potential threat, penitentiary facility and officers shall be obligated to take immediate measures.

230.2.If there are adequate grounds that illegal acts of prisoners may cause damage to lives and health of other prisoner, chief officer in duty of the penitentiary facility shall transfer the prisoner to the isolator room for up to 72 hours. If deemed necessary, chair of the penitentiary facility may extend the period for another 72 hours.

230.3.In the presence of grounds to impose disciplinary sanctions to the prisoner that might cause harms and damage to health and lives of others, prisoner shall be transferred to the solitary confinement for the period specified in the law, or the the isolation cell, if there is no sufficient grounds for disciplinary penalty.

230.4.In case that potential damage and harm to lives and health of the prisoner still remain after the period, specified in Article 230.2 and 230.3 of this law, chair of department for incarceration enforcement shall decide transfer to other penitentiary facility, without changing the regime and grade, based on proposal from the chair of the penitentiary facility.

230.5.Penitentiary facility and officers shall be obligated to provide all necessary support to safeguarding the prisoner, taken under protection according to Law on Safeguarding Witness and Victims.

230.6.In the event that the officer of penitentiary facility finds out information on potential attack to the lives and health of prisoner working out of the penitentiary facility or information was sent by police, other agencies and citizens, penitentiary facility shall organize all necessary measures to take the prisoner under permanent security or changing the work conditions and terms.

Article 231.Living condition of the prisoner

231.1.Prisoner shall be supplied with accommodation and living condition that meets hygiene and sanitation requirements, as food and meal with nutritional value specified in Article 231.6 of this law.

231.2.Penitentiary facility shall supply prisoners with beds, blanket, matrass, sheets and outer uniform clothing for both warm and cold seasons and prisoner shall be permitted to wear underclothing, shirt and gloves, at his/her own cost.

231.3.Nutritional value of prisoner’s food shall be determined differently based on the condition of the penitentiary facility and the work condition.

231.4.Taking into account of the conclusion made by the medical commission, conditions of pregnant and sick prisoners shall be improved and nutritional value added.

231.5.Prisoner working in dangerous and toxic environment shall get special clothing, specified in labor legislations, personal protective items and additional food.

231.6.Minimum food calorific value, portion, norms, clothing design, type, quantity and period of use shall be approved by Cabinet member in charge of justice, based on proposal from central agency for enforcement of court decision.

231.7.In case a prisoner dies and no family members show up within 7 days after notice, penitentiary facility shall bury at its own cost and documents on the cause and condition of death shall be attached to the personal file.

231.8.In case that penitentiary facility hospital proves the prisoner as sick, prisoner may get necessary injections and pharmacies, as specified in the doctor’s advice and prescription, by parcel notwithstanding the quantity.

231.9.Penitentiary facility shall create environment and condition for the prisoners with disabilities enabling respect, access and exercise of rights.

Article 232.Search and inspection of prisoner’s body, belongings and cell

232.1.Officer of the penitentiary facility may search and inspect prisoner’s body, belongings and cell and its surroundings at any time.

232.2.Act of search and inspection in prisoner’s body shall be made by an officer of same gender as the prisoner.

Article 233.Short and long term conjugal meetings

233.1.Conjugal meeting shall be organized by the chief officer on duty or the shift leader, with permission from the chair of the penitentiary facility.

233.2.In case that legal demand made by the officer of the penitentiary facility is not complied or internal rules of the penitentiary facility is not obeyed during short and long term conjugal visits, meetings shall be ceased followed by notification to the official that permitted the meetings for decision whether to continue the meeting or not.

233.3.Officer of penitentiary facility shall oversee and control the conjugal meetings, inspect the items and foodstuff given to the prisoner, and if any items that are prohibited are discovered from the inspection, they shall be confiscated temporarily and returned to the visitor after the meeting, take notes and attach in the personal file.

233.4.Long term conjugal visit is prohibited for persons that are not formally registered in the personal file of the prisoner, or person without identification document certifying as relative of the prisoner or persons without official certification from soum or district governor.

Article 234.Meeting room

234.1.Penitentiary facility shall have designated rooms for prisoner’s short term conjugal meeting, equipped with video and physical surveillance devises and rooms for long term conjugal meeting, furnished with equipment for physical surveillance.

234.2.Meeting rooms shall fully secure the safety of visitor and the prisoner.

Article 235.Sending letter, parcel and money remittance

235.1.Officer of the penitentiary facility shall inspect the letters and parcels with presence of the prisoner, and get the receipt signed. In case any prohibited items are discovered, they shall be destroyed or confiscated, subject to return on release.

235.2.Money remittance that is made onto the name of the prisoner shall be saved in prisoner’s account and when the prisoner needs funds, a special template shall be filled out with the designated purpose of withdrawal and amount, followed by signing by the prisoner.

235.3.Letters and parcels with the following content shall not be passed to the prisoner:

235.3.1.Calling for escape or crime;

235.3.2.Insulting and intimidating others;

235.3.3.Designed to cause sudden psychological shock to the prisoner;

235.3.4.Using secret symbols, ciphers and unclear signs or language.

235.4.Letters and parcels with content that are prohibited to be transferred to the prisoner shall be presented to the Chair of the penitentiary facility, take notes and attach in the prisoner’s personal file.

235.5.Officer of the penitentiary facility shall be obligated not to disclose the privacy of correspondence and person sector of individuals.

235.6.The content and number of letters addressed to the authorized agencies and officials for overseeing the activities of the penitentiary facility shall not be limited, and the penitentiary facility shall forward the letter within 3 days after receipt.

235.7.A detailed log shall be kept recording the name of the prisoner and the phone number describing the total call time.

Article 236.Studying in universities and colleges through distance training

236.1.If a prisoner serving sentence in the open penitentiary facility who served more than 50% of the sentence and had to record of disciplinary violations, request studying in universities and colleges through distance training, Chair of the central agency for court decision execution shall decide the matter grounded on proposal from the chair of the penitentiary facility.

236.2.Training shall be provided in the premises of the penitentiary facility.

Article 237.Prisoner lodging petitions, complaint and request

237.1.Officer of the penitentiary facility shall receive prisoner’s petition, complaint and request, register and introduce to the chair of the penitentiary facility, and transfer the relevant addressees according to their jurisdiction.

237.2.Officer of penitentiary facility shall present the replies to petition, complaint and request to prisoner, get signed and stored in the personal file.

Article 238.Personal free time

238.1.According to the internal rules of the penitentiary facility, time aside from the prisoner’s work, meal and training/disciplinary activities under the socialization program shall be considered as free time.

238.2.For the free time, penitentiary facility shall supply with opportunities for religious practice, work out sports that is consistent with penitentiary facility possibilities and meeting the requirements of regime and grade, read books and magazines, learn and use library of the penitentiary facility.

Article 239.Giving temporary leave to the prisoner

239.1.In the event that relatives of a prisoner in the open penitentiary facility, who are stated in the Article 213.1 of this law, becomes seriously ill or die, or significant damages occurred to the prisoner’s family due to disaster, dangerous events and accidents, chair of the penitentiary facility may give 7 day leave, including travel days, taking into account of the prisoner’s correction status and behavior.

239.2.Prisoner requesting leave shall formulate the certification from soum, district, bagh and khoroo governor proving the events and certification from the medical institution and submit these documents together with petition for leave to the chair of penitentiary facility.

239.3.For the prisoner seeking leave, no less than two relatives shall provide guarantee and guarantors shall be fully responsible any costs associated with search, if the prisoner escapes during leave.

239.4.Guarantor shall take responsibility of preventing the prisoner from committing crime and violation and bring back the prisoner personally when the leave ends.

239.5.Prisoner on leave and his/her guarantor shall register their local court decision enforcement unit, or to local police, if there is not court decision enforcement unit in their area, once a day during the work hours.

239.6.If the prisoner does not get registered during the period of leave, does not arrive in location specified as conditions of the leave, made minor offense and penalized, and consumed narcotics, psychotropic substances and alcohol, the leave shall be immediately ceased and disciplinary penalty shall be imposed to the prisoner.

239.7.If the prisoner is under investigation for criminal act, or penalized for crime committed during sentence service period, or attempted to escape, violated rules and imposed with disciplinary penalties, or the doctor’s certification, letter and stamp of Governors of soum, district, bagh and khoroo and citizen’s ID of the guarantor have violations, no leave shall be given to the prisoner.

Article 240.Paid services provided by the penitentiary facility

240.1.Penitentiary facility may organize sell to prisoners of foodstuff, meal, hygiene and sanitation products, books, magazines and newspapers, at the type and quantity not prohibited by the internal rules of penitentiary facility, for non-commercial purposes, in conditions that meet the hygiene and sanitation requirements.

240.2.Payment for services, stated in Article 240.1 of this law, shall be made by non-cash transfer.

ARTICLE TWENTY TWO

SECURITY OF PENITENTIARY FACILITY

Article 241.Ensuring security of the penitentiary facility

241.1.Operations ensuring the security of the penitentiary facility shall consist of the following types and components:

241.1.1.Security management and arrangement;

241.1.2.Technical control and security;

241.1.3.Physical security and guarding;

241.1.4.Assessment of security and risk level;

241.1.5.Undercover operations.

241.2.Regulation for security and guarding of penitentiary facility shall be approved by Cabinet members in charge of justice.

241.3.Regulation for setting the security circles to ensure the safety of the officers of penitentiary facility shall be approved by Cabinet member in charge of justice, in cooperation with the Prosecutor General.

Article 242.Security management and arrangement

242.1.Central agency for enforcement of court decision shall have a special unit responsible for ensuring security of court decision enforcement departments and officers, preventing from crimes and ceasing any attempted crime.

242.2.Penitentiary facility, court decision enforcement department and incarceration department shall work with agencies responsible for security and law enforcement in the following areas:

242.2.1.Exchange information on threats and risks that might have impact on the penitentiary facility and agency for enforcement of court decision;

242.2.2.Collaboration in the event that special circumstances arise at the penitentiary facility;

242.2.3.Access to professional support in terms of special technique, skills and devises;

242.2.4.Get assistance in searching prisoner escaped and ensuring safety of officers;

242.2.5.Get support and assistance for secure transportation of prisoners and relocation of prisoners.

242.3.Expenses for equipment and devises for security of penitentiary facility and undercover operations shall be reflected in and financdd from the state budget every year.

Article 243.Technical security and guarding of penitentiary facility

243.1.Penitentiary facility shall have the following security zones:

243.1.1.Outside restricted zone;

243.1.2.Security fence;

243.1.3.Strip with heat and move sensors, high voltage wires and video surveillance;

243.1.4.Audio and video controlled entrance zone.

243.2.Restricted outside zone of the penitentiary facility shall be 500 meters in the urban and settlement areas and 1000 meters in the rural areas.

243.3.In order to secure safety of prisoner and the officer of penitentiary facility, court decision enforcement agency shall organize controlling of audio-video recording equipment at inmate cells and other sections in the penitentiary facility for travel of prisoners.

243.4.Closed penitentiary facility shall have a control tower outside of the penitentiary facility yard, equipped with video recording equipment.

243.5.Security zone, stated in Article 243.1.4 of this law, shall be monitored using audio-video recording devise and entrance sections to penitentiary facility, building and cells shall have security doors.

243.6.Dogs may be used for the purpose of ensuring security of the penitentiary facility.

243.7.Court decision enforcement agency may have its training center for dogs.

Article 244.Prohibiting use of mobile devises

244.1.In order to ensure security of the penitentiary facility, cell phone signal jammer equipment may be used at the penitentiary facility and in its surroundings.

244.2.Rules pertaining to installation and use of the equipment, stated in Article 244.1 of this law, shall be approved jointly by Cabinet members in charge of justice and Cabinet member in charge of communications.

Article 245.Physical security measures and control of the penitentiary facility

245.1.Physical security measures, guarding, signalization/alarm in the open and closed penitentiary facility and outside surrounding areas security shall be organized mobilizing the staff of the penitentiary facility.

245.2.Officers of the penitentiary facility shall perform the duty of physical security measures and on-duty sentry by fur shifts, in turn.

245.3.Security officer shall have right to search body, items and equipment of prisoner and persons entering the penitentiary facility at any time of the day.

Article 246.Use of physical coercion, special devises and firearms

246.1.Officers of the penitentiary facility shall be supplied with personal protective devises to be used in the event of special circumstances.

246.2.In the course of performing the duties, officers of the penitentiary facility shall use physical coercion, special devises and firearms according to rules and grounds set forth in this law.

Article 247.Assessing security level and risks

247.1.Methodology for assessment of security and exposure to risks of the penitentiary facility shall be approved by the Chair of central agency for enforcement of court decision.

Article 248.Undercover operations of the penitentiary facility

248.1.Authorized officers, according to rules and regulations set forth in the laws pertaining to undercover operations, may execute undercover operations in the penitentiary facility.

248.2.Rules and regulations for undercover operations in the penitentiary facility shall be approved jointly by the Chair of Central Intelligence Agency and Chair of Court Decision Enforcement Agency, in conformity with laws pertaining to undercover operations.

Article 249.Setting curfew at the penitentiary facility

249.1.In the following cases, Chair of the central agency for enforcement of court decision may set the curfew for up 30 days at the penitentiary facility:

249.1.1.Occurrence of disaster, dangerous events and accidents;

249.1.2.Spread of plague, zoonotic diseases and diseases require quarantine according to international requirements;

249.1.3.Public disorder and unrest;

249.1.4.Armed assault to the penitentiary facility.

249.2.Curfew set at the penitentiary facility shall be annulled by official that set the curfew and may be extended for up to 30 days in case that the grounds stated in Article 249.1 of this law, still exist.

249.3.In the event that curfew is set at the penitentiary facility, all operations in which prisoners participate shall cease and preparedness level of penitentiary facility shall be upgraded, conjugal meetings, short term meetings and correspondence shall be stopped and daily operational schedule of the penitentiary facility may be changed, accordingly.

249.4.Decision stated in Article 249.1 of this law shall immediately be notified to the Prosecutor-General.

Article 250.Search prisoner in escape

250.1.Operation to trace and arrest the prisoner in escape shall be executed jointly by the court decision enforcement agency and police.

250.2.In order to trace, arrest prisoner in escape, or to cease the disorder in the penitentiary facility, personnel, resources and equipment may be mobilized from other agencies.

Article 251.Acts prohibited for the penitentiary facility and its officers

251.1.Penitentiary facility and its officers shall be prohibited from conducting the following acts:

251.1.1.Let outsiders enter the penitentiary facility without permission;

251.1.2.Establish personal relations with prisoner, transfer goods, clothes and other items to prisoner without permission and control/inspection and make trading and deals with prisoner;

251.1.3.Transfer firearms, special devises and cell keys to others without permission;

251.1.4.Organize illegal meeting for the prisoner and give information about the penitentiary facility to the persons aside from those stated in the law;

251.1.5.Treat prisoners aggressively, inhumane and degrading their dignity.

CHAPTER TWENTY THREE

RELEASE OF PRISONER

Article 252.Grounds for releasing prisoner

252.1.Prisoner shall be released on the following grounds:

252.1.1.Period for incarceration sentence, imposed by the court decision, ended, or incarceration sentence is substituted to other types of penalties, or prisoner exempted from penalty due to disease;

252.1.2.Prisoned pardoned or amnestied;

252.1.3.Pre-term release;

252.1.4.Court repeals the case or acquits prisoner.

Article 253.Proposing release of prisoner sentenced for life

253.1.Prisoner sentenced for life imprisonment shall make a request for release after the period, stated in paragraph 6, Article 5.6 of the Criminal Code, expires.

253.2.Penitentiary facility shall certify the personal status of the prisoner and deliver its certification, together with the request stated in Article 253.1 of this law, to the prosecutor within 3 working days.

253.3.Grounded on certification from the penitentiary facility and the conclusion made by the prosecutor, court shall resolve whether to release the prisoner sentenced for life, according to paragraph 6 of Article 5.6 of the Criminal Code.

Article 254.Regulation for release of the prisoner

254.1.In case that the sentenced period of the prisoner ends, s/he shall be released on the same day, if the ending day coincides with the public holidays and weekends, prisoner shall be released on the previous day and if the prisoner is released on the other grounds, on the day that the formal decision is received, and of the decision is received after the end of the working hour, prisoner shall be released in the following day.

254.2.Personal documents, belongings and certification of release shall be given to the released prisoner and it shall be recorded in the personal file.

254.3.If necessary, penitentiary facility may give transportation and meal costs for reaching place of residence to the released prisoner and respective amount shall be calculated at the prevailing tariff for road and rail passenger transportation.

254.4.In the event that a prisoner that consumer narcotics and psychotropic substances and prisoner with communicable diseases dangerous to public health is release, it shall be notified to the health institutions and respective document shall be delivered.

Article 255.Exempting from sentence due to disease

255.1.Regulation for providing medical care and service to prisoner suffering from serious illness and the list of diseases that exempt the prisoner from incarceration and arrest sentences shall be approved jointly by Cabinet member in charge of justice and Cabinet member in charge of health.

255.2.Payment for medical care and diagnostics, required for verifying the disease that exempt the prisoner from sentence shall be paid by the prisoner, and of the prisoner is insolvent, penitentiary facility shall pay the costs.

255.3.Regulation for exemption from sentence due to disease shall not apply to prisoners that intentionally damages his/her body and inflicting deliberate damage to his/her health.

Article 256.Pre-term release the setting surveillance/control over the released prisoner

256.1.In the event that the prisoner satisfies all legal requirements for pre-term release, it shall be notified to the prisoner within 5 days after full satisfaction of the requirements.

256.2.In reviewing the request for pre-terms release of the prisoner, penitentiary facility and officers shall prepare all necessary information within 3 working days after the submission of the request by the prisoner and discuss the request by the council, stated in Article 224.2 of this law.

256.3.In case that a decision is made certifying that the prisoner satisfies all requirements for pre-term release, the decision shall be delivered to the prosecutor within 3 working days. In counting the total period of imprisonment served prior to making request for pre-term release, the bonus days earned last time shall be counted.

256.4.Prosecutor, after receiving the conclusion and deems as reasonably grounded, shall deliver the conclusion to the court within 10 days for final resolution.

PART V

AGENCY FOR ENFORCEMENT OF COURT DECISION

CHAPTER TWENTY FOUR

SYSTEM, MANAGEMENT AND FUNCTIONS OF COURT DECISION ENFORCEMENT BODY

Article 257.Organizational system of court decision enforcement agency

257.1.Court decision enforcement agency is an agency assigned for performance of state special functions implementing the activity of enforcing the legally binding court decisions within the framework of the power vested by law.

257.2.Court decision enforcement agency shall be organized according to territorial and functional principles.

257.3.Structure of the court decision enforcement agency shall consist of of the central agency for enforcement of court decision, departments for civil, administrative and misdemeanor decision enforcement departments (hereinafter referred to as court decision enforcement department), department for enforcing court decision on detention and incarceration (hereinafter referred to as incarceration department), department for enforcement of non-incarceration sentences and compulsory measures (hereinafter referred to as non-incarceration decision enforcement department), penitentiary facility and decision enforcement departments and divisions in aimags and capital city (enforcement department or divisions).

257.4.Taking into account of the size of territory, population density, geographical location, infrastructure, number of convicted persons and the number of enforcement documents, court decision enforcement divisions may be established at the soums and districts.

257.5.Branch units of the central agency for enforcement of court decision shall provide the court decision enforcement department and divisions with professional and technical management and guidance and shall report its operations to the Chairperson of the central agency for enforcement of court decision.

257.6.Penitentiary facility, department and divisions for enforcement of court decisions shall report their activities to the Chairperson of the central agency for enforcement of court decision.

257.7.Court decision enforcement department and division shall have unit (officer) performing the function of tracking/investigating the debtor and assets.

257.8.Structure and staffing of the penitentiary facilities, court decision enforcement department and division shall be approved by the Chair of the central agency for enforcement of court decision.

Article 258.Flag and symbol/logo of the court decision enforcement agency

258.1.Court decision enforcement agency shall have its flag and symbol/logo.

258.2.Regulation for design of symbol and flag of court decision enforcement agency and rules for use of symbols and flag shall be endorsed by Cabinet member in charge of justice.

258.3.Persons and legal entities are prohibited to have symbol and logo same as those of the court decision enforcement agency.

Article 259.Central agency for enforcement of court decision

259.1.Central agency for enforcement of court decision shall provide the operations of court decision enforcement with integrated management, professional and technical guidance and directions.

259.2.Maximum number of staffing and structure of the central agency for enforcement of court decision shall be determined as specified in the Law on Legal Status of Government Agencies.

259.3.If deemed necessary, central agency for enforcement of court decision may establish a unit responsible for enforcement of court decision specialized in certain types of court decisions.

259.4.Central agency for enforcement of court decision shall have unit in charge of training, research and analyses, unit of quick response for overseeing court decision enforcement operations, and units responsible for production, service, finance, supplies, archive, arts and sports.

259.5.Court decision enforcement agency may have a unit in charge of performing specific duties in cases of certain special circumstances arise.

Article 260.Functions of the central agency for enforcement of court decision

260.1.In addition to functions, set forth in the Law on Legal Status of Government Agencies, central agency for enforcement of court decision shall perform the following functions:

260.1.1.Elaborate the human resources police of the agency, and take measures to train officers and build their knowledge and skills;

260.1.2.Develop proposals and recommendations on government policy and legislations pertaining to court decision enforcement operations and optimizing the operations;

260.1.3.Develop and implement, improve existing regulations, rules, standards, instructions and recommendations for enforcement of court decision in conformity with law, ensure enactment;

260.1.4.Organize the court decision enforcement functions at the national level in integrated way, conduct analyses, and take comprehensive measures to provide the integrated management over the court decision enforcement agencies;

260.1.5.Plan and implement financial and investment actions and measures in order to ensure smooth operations on the enforcement of court decisions;

260.1.6.Develop and implement programs for boosting effectiveness and efficiency of production at penitentiary faculty;

260.1.7.Oversee the act and conduct of court decision enforcement officers and agencies, prevent from crime, illegal act and ethical misconduct, eliminate causes and conditions for crimes, violations and misconduct and ensure effectiveness of internal control and security;

260.1.8.Use advanced scientific achievements, technology and data network, introduce data transfer and other control systems and organize activities for prevention from crime;

260.1.9.Collaborate with similar agencies in foreign countries within the power vested by law;

260.1.10.Create and use database, necessary for performing the duties stated in this law, conduct analyses and draw conclusions and provide court decision enforcement agency with necessary data and information;

260.1.11.take actions to improve the working conditions of the agency, to ensure occupational safety, and to prevent from potential accident and hazards;

260.1.12.Create environment enabling to cease any negative attitudes and acts from the prisoners and convict towards the officers, check and impose penalties;

260.1.13.Take cessation measures in the event of emergency situation at the penitentiary facility;

260.1.14.Other functions set forth in the law.

260.2.Within the framework of functions stated in Article 260.1.7 of this law, central agency for enforcement of court decision shall ensure confidentiality of state, corporate and individuals data and information, control data secrecy, prevent from violating any laws and regulations on confidentiality and committing crimes and offenses, detect violations and crimes, check and act on the information and complaint against the officers of court decision enforcement agency and secure the safety of officers.

260.3.In the course of investigating the complaint and information about the officers, unit of the agency responsible for internal control and security shall transfer the cases to inquiry and investigation if the complaint and information shows any crimes and violations.

Article 261.Management of the court decision enforcement agency

261.1.Central agency for enforcement of court decision shall have Chair, First deputy Chair and two Deputy chairs.

261.2.Chairperson of the agency for enforcement of court decision shall be appointed by the Cabinet, based on nomination by Cabinet member in charge of justice, and First deputy and Deputy chairs shall be appointed and dismissed by Cabinet member in charge of justice.

Article 262.Power of the Chairperson of the central agency for court decision enforcement

262.1.In addition to functions stated in Article 8.3 of the Law on Legal Status of the Government Agencies, Chairperson of the Court decision enforcement agency shall be responsible for performing the following functions:

262.1.1.Organize operations of the court decision enforcement agency and its subsidiaries at the national level, and provide administrative and professional management;

262.1.2.Endorse the rules, regulation and procedures for the operation of the court decision enforcement agency, in conformity with legislations, arrange implementation and oversee/monitor the implementation;

262.1.3.Set curfew at the entire court decision enforcement agency or at the penitentiary facility, shift to higher grade security level and annul the set levels;

262.1.4.Develop and implement policy on security of court decision enforcement officers, weapons and tools, supply of uniform and necessary materials;

262.1.5.Appoint, dismiss, release and fire officers of court decision enforcement agency, and award, remove, restore, reduce and confiscate the military ranks;

262.1.6.Interact and collaborate with national and international organizations representing the court decision enforcement agency;

262.1.7.Formulate the terms of reference for curt decision enforcement agency and its officers in conformity with legislations;

262.1.8.Endorse the regulation for conducting security level and risk assessment of the court decision enforcement agency;

262.1.9.Other powers vested by law.

Article 263.Maun functions of court decision enforcement agency

263.1.Decision enforcement agency shall perform the following key functions:

263.1.1.Provide professional management to the court decision enforcement operations and oversee the operations;

263.1.2.Maintain integrated record and registry on the enforcement operations, create database and release information and certification;

263.1.3.Resolve any compliant regarding the decision enforcement process/operations.

263.2.Chair of decision enforcement department shall be the Chief Enforcement Officer.

Article 264.Functions of court decision enforcement department and divisions

264.1.Court decision enforcement departments and divisions shall perform the following functions:

264.1.1.Provide the overall operations of penitentiary facilities with integrated management;

264.1.2.Provide professional management on the enforcement of civil, administrative and misdemeanor decisions, court rulings on criminal case and decisions made by other agencies and sanctioned by court and oversee the operations;

264.1.3.In case it is stated in the international treaties that Mongolia is Party to, provide professional management for enforcement of international court decision and arbitration awards and oversee the operations;

264.1.4.Organize activities to enforce the rules, regulations, instructions, standards and recommendations on the enforcement of court decision;

264.1.5.Ensure safety of organization, officers and staff and protect their legitimate rights and interests;

264.1.6.Organize forced auction of immovable and movable properties;

264.1.7.Resolve complaints ledged regarding the act of officers;

264.1.8.Keep record of debtors staying the responsible territory, number of enforcement documents, digital database of convicts imposed with non-incarceration sentence and compulsory measures and supply data to the national registry;

264.1.9.Enforce court decision imposing the sentence of detention.

Article 265.Enforcement districts for court decision enforcement

265.1.Primary unit that the court decision enforcement operations is carried out shall be the enforcement district.

265.2.Districts, specified in Article 265.1 of this law shall be determined by Cabinet member in charge of justice, based on proposal from the Chair of central agency for enforcement of court decision.

Article 266.Functions of incarceration department

266.1.Incarceration department shall perform the following duties:

266.1.1.Oversee the court decision on arrest and detention, detention and incarceration penalty, imposed by court, and maintain integrated registry;

266.1.2.Provide the penitentiary facility operations with integrated and professional management;

266.1.3.Develop proposals on preparing and building capacity of human resource for incarceration institutions;

266.1.4.Ensure safety and security of penitentiary facility and develop proposal for measures on security;

266.1.5.Develop proposals for correcting and building discipline for prisoner, re-integrating in the society, providing vocational education and training and occupational skills.

Article 267.Penitentiary facility and its functions

267.1.Penitentiary facility is an agency performing special functions of the state that incapacitate the convict, sets limits on the rights and liberty according to law and coercively enforce the incarceration penalty, imposed by the court and its rulings and the agency shall exercise the rights of legal entity.

267.2.Penitentiary facility shall implement the following functions:

267.2.1.Coercively enforce the incarceration sentence;

267.2.2.Ensure security of prisoners, including setting compliance with law and prevent from prisoner causing any damages to others:

267.2.3.Make disciplinary and correction influence on the prisoner;

267.2.4.Organize prisoner’s penal labor and provide skills and competencies to the prisoner in the field of key production area;

267.2.5.Provide general education training to juvenile prisoners and provide vocation skills;

267.2.6.Protect prisoner’s health, provide medical care and services and ensure occupational safety;

267.2.7.Provide compulsory medical treatment to prisoners with infectious diseases that could affect health and lives of others, prisoners with alcohol and narcotics addictions;

267.2.8.Deduct the payment for retribution of harms caused by prisoner from the salaries and transfer to the court decision enforcement department and get compensations for the damages caused to the penitentiary facility;

267.2.9.Other functions assigned by law.

267.3.In order to restitute the damages and harm caused by prisoner to individuals and legal entities, and to provide penal labor and occupational skills and competency, penitentiary facility may have its unit for production and may allow private legal entity to operate in the protection zone of the facility.

267.4.Revenue generated from penitentiary facility and private entity operation shall be spent for improving facility security, conditions of prisoners and socialization, and regulation for revenue allocation and monitoring shall be approved jointly by Cabinet members in charge of justice and finance, respectively.

267.5.In order to provide prisoners with work and occupational skills, they may be involved in production of goods and services for the supply of public procurement.

Article 268.Functions of department for enforcement of non-incarceration penalties

268.1.Department for enforcement of non-incarceration penalties shall perform the following duties:

268.1.1.Provide court decision enforcement units with professional management and guidance on enforcing non-incarceration penalties and compulsory measures, oversee enforcement operations and keep integrated record;

268.1.2.Enforce court decision of compulsory medical treatment of persons with alcohol and narcotics addiction by way of administrative procedure;

/This sub-paragraph was amended by the law of 15 November 2018/

268.1.3.Resolve complaints on enforcement of non-incarceration sentence and compulsory measures;

268.1.4.Provide the operations of surveillance of prisoners with postponed sentence and released on probation;

268.1.5.Monitor activities carried out by other institutions for enforcement of some types of compulsory measures and provide these institutions with professional and technical inputs;

268.1.6.Develop proposals for optimizing the enforcement of non-incarceration penalties;

268.1.7.Develop policy and implement on making disciplinary and correctional influence and socialization for persons sentenced with non-incarceration and compulsory measures sentences.

Article 269.Financing of court decision enforcement agency

269.1.Agency for enforcement of court decision shall be financed from the state budget.

269.2.Taking into account of the territorial size, population density, geographic location, infrastructure, number of convicts and the number of enforcement documents, Cabinet shall approve the structure, staffing, vehicle and equipment supply norms and their use norms.

269.3.Costs stated in Article 11.3 of this law associated with use of equipment and devises of private legal entities shall be financed from the state budget and costs associated with enforcement of non-incarceration sentences and compulsory measures shall be paid by the convict or person, who is penalized by compulsory measures, unless otherwise stated in the law.

269.4.Regulation for calculation, payment, financing and exemption from payment for costs, stated in Article 269.3 of this law, shall be approved by the Cabinet.

CHAPTER TWENTY FIVE

LEGAL STATUS OF THE OFFICER OF COURT DECISION ENFORCEMENT AGENCY

Article 270.Officer of curt decision enforcement agency and requirements

270.1.Officers of court decision enforcement agency shall consist of senior executive offices of the agency, executive officers, bailiffs/enforcement officer and officers of penitentiary facility.

270.2.Bailiff/enforcement officer shall consists of Chief Enforcement Officer, senior bailiff/enforcement officer and bailiff/enforcement officer.

270.3.Mongolian citizens that meet requirements stated in Public Service law and other legislations, qualify health, physical condition, profession and ethical criteria and requirements in the regulation set forth by the court decision enforcement agency, reached the age of 18, earned higher education and without criminal records shall be recruited as officers of court decision enforcement agency.

270.4.Bailiff/enforcement officer shall meet the criteria stated in Article 270.3 of this law and be qualified for the selection of recruitment of bailiff/enforcement officer.

270.5.Regulation on selection of bailiff/enforcement officer, stated in Article 270.4 of this law, shall be approved by Cabinet member in charge of justice.

270.6.Indicators for health, physical condition, education, professional and ethics for the officers of penitentiary facility and selection and recruitment of officers of penitentiary facility shall be approved by the central agency for enforcement of court decision.

270.7.Officers of detention center, vocational training and production center at the court decision enforcement agency, and institutions for compulsory medical treatment of alcohol and narcotics addicts shall be deemed as identical to officers of penitentiary facility.

270.8.Duty to provide military training and preparedness to military age officers not served in military shall be the responsibility of central agency for court decision enforcement and military preparation program shall be implemented, subject to approval by high military agency.

Article 271.Power of enforcement officer/bailiff

271.1.In addition to power, vested by Article 44 and 77 of this law, bailiffs and enforcement officers shall exercise the following rights and powers:

271.1.1.Fully enforce the execution documents and decision imposing non-incarceration sentences and compulsory measures within the stipulated timeframe;

271.1.2.In case that the content of execution document and court decision is unclear, submit request to the court for clarification;

271.1.3.Suspend the entry of changes in information on transfer of resident place and legal entity information in the state registry for convicts, persons with compulsory measures and debtor-individuals;

271.1.4.If any facts that constitute a crime is found during the enforcement process, address to agencies responsible for inquiry and investigation;

271.1.5.In case of potential conflict of interest or hesitation on integrity of operations, refrain from the operations;

271.1.6.Maintain electronic registry and database of execution document and enforcement operation and prepare statistics;

271.1.7.Enter the workplace and accommodation of debtors, convicts and persons with compulsory measures, as well as other persons assisting them to avoid from enforcement, in accordance with regulations stated in the law;

271.1.8.Summon debtor, convict, person with compulsory measures and their representatives;

271.1.9.Retrieve necessary document, certification and guarantees from debtors, convict and person with compulsory measures, necessary for enforcement of court decision;

271.1.10.Review and resolve any compliant regarding court decision enforcement operations;

271.1.11.Oversee if the enforcement of incarceration and compulsory measures are carried out according to law, investigate if any violations are found, determine causes and conditions and take measures set forth in the law;

271.1.12.Make proposal to prosecutor to substitute the non-incarceration and compulsory measures penalties to incarceration;

271.1.13.Prepare certification on the status and compliance with payment obligations, fulfillment of obligation and limitations set by court by the debtor, convict and persons imposed with compulsory measures, and make proposal to prosecutor on annulling the sentence and compulsory measures and replace the sentenced with incarceration;

271.1.14.Access to necessary information and get certifications in order to search and investigate the persons escaping from enforcement of court decision and locate their address/place of stay;

271.1.15.Make proposal to prosecutor on exemption of convicts and persons with compulsory measures due to health condition.

271.2.In addition to rights stated in Article 271.1 of this law, Senior enforcement officer/bailiff shall exercise the following rights:

271.2.1.Change/modify and annul decision made by bailiff and enforcement officer and assign them to make certain decision;

271.2.2.Provide professional management to officer’s operations and oversee the operations;

271.2.3.Oversee operations of bailiff/enforcement officers, give permission on execution of certain types of measures and making decisions, as specified in this law;

271.2.4.Keep records on execution documents, prisoners/convicts, persons with compulsory measures penalty and debtors with due payment, and compile the data and statistics.

271.3.In addition to rights stated in Articles 271.1 and 271.2 of this law, Chief enforcement officer shall exercise the following rights:

271.3.1.Change/modify and annul decision made by senior bailiff and bailiff/enforcement officer and assign them to make certain decision;

271.3.2.Provide professional management to court decision enforcement operations and oversee the operations;

271.3.3.Review and resolve complaints on the operation of senior bailiff/enforcement officer and bailiff/enforcement officers;

271.3.4.Determine the jurisdictions for the court decision enforcement operations.

Article 272.Power of officers of penitentiary facility

272.1.Officers of penitentiary facility and incarcerations department shall exercise the following powers:

272.1.1.Enter homes and work places of citizens and legal entities and other place in compliance with law if there is prisoner, convict or accused is present at or if there are grounds to suspect, search accommodation, workplaces and vehicles, inspect personal documents of persons that might have assisted the escape and get comments and certifications from citizens and entities;

272.1.2.Mobilize vehicles of individuals and legal entities regardless of ownership type except the vehicles belonging to diplomatic missions, ambulances, fire and accident response services for investigating, chasing and arresting the suspect, accused, convict and prisoner and get access to communication devises without barriers;

272.1.3.Search the body, belongings and places of stay of prisoners, suspect, convict and accused, confiscate or destroy weapon, knife other objects similar to arms, narcotics and psychotropic substances and drugs, plants, alcohols, prohibited games or other items except those permitted by law and internal rules, and conduct permanent surveillance over prisoners, suspects, convicts and accused in order to ensure security of penitentiary facility;

272.1.4.Search and inspect the body, belongings and vehicles of persons entering and exiting the penitentiary facility and its production areas;

272.1.5.Carry out undercover operations according to grounds and rules set forth in the law.

272.2.Chair of penitentiary facility and chair of enforcement department shall perform following duties in addition to duties stated in Article 272.1 of this law:

272.2.1.Oversee penitentiary facility and its officers operations;

272.2.2.Submit proposal to prosecutor on pre-term release of prisoner;

272.2.3.Give temporary leave to the prisoner;

272.2.4.Award or disqualify bonus days to prisoners;

272.2.5.Exclude the period of prisoner that had medical treatment from intentional damage to his/her own body and health, period that arrived late for the leave deadline and the period on escape from total period of sentence;

272.2.6.Based on request from prisoner, change the long-term conjugal meeting to short terms, or phone calls rights, or change short term conjugal visits to phone call;

272.2.7.Notarize prisoner’s documents and certifications according to Civil Code;

272.2.8.Other rights vested by law.

Article 273.Common rights and responsibilities of officers of court decision enforcement agency and prohibited acts

273.1.Officer of court decision enforcement agency shall exercise the common rights and obligations, set forth in Public Service Law, in addition to rights and obligations specified in Article 271 and 272 of this law.

273.2.Following shall be prohibited for the officers of court decision enforcement agency in addition to other prohibitions stated in Public Service Law, Law on Regulating Personal Interests and Preventing Conflict of Interest in Public Service and Anti-Corruption Law:

273.2.1.Illegal attack and violation of human rights and liberty;

273.2.2.make other dependent using the name of agency and position held, and aggravate persons;

273.2.3.Disclose and publicize any information that might affect the reputation, liberty, legitimate interests, rights of other persons;

273.2.4.Disclosing state, organization and personal secrets and confidentiality violating the rule and permitted grounds and publicize information on the operations without permission from senior management;

273.2.5.Consume alcohol on the job, during high security or while being in the official uniform;

273.2.6.Used narcotics and psychotropic substances;

273.2.7.Call form direct and instigate, directly and indirectly, illegal acts and omissions, and participate;

273.2.8.Be a member of political party and trade union, support and advertise activities and political ideology of political parties and trade unions among the staff;

273.2.9.Refrain from fulfilling legal decision and order of the authorized senior officers;

273.2.10.Not to arrive for work appointed for no reason, strike, plan, organize and participate in actions that aim at affecting the normal operations;

273.2.11.Have dual citizenship;

273.2.12.Torture anyone in order to get information about crime and minor offense or encourage such acts;

273.2.13.Other prohibitions set forth in the law.

273.3.Following the military rank and position held, officers of the court decision agency shall be commander and subordinate to each other.

Article 274.Oath of the officer of court decision enforcement agency

274.1.Court decision enforcement officers shall take the following oath before the State flag: “I, citizen of Mongolia, take this oath to obey the law, respect individual rights and freedoms, dutifully fulfill the responsibilities and work committing my life in the course of working in the court decision enforcement agency”.

274.2.Cabinet member in charge of justice shall endorse the regulation for oath ceremony for the officers of court decision enforcement agency.

Article 275.Transferring officer of court decision enforcement agency to other positions/jobs

275.1.In order to prevent from conflict of interests and grounded on official need, request from officers, decision made by authorized officials to reinstate officers to former positions after dismissal or job cut, or based on health condition of officers, officers may be transferred from a unit to other units.

275.2.In the event that officer does not agree the decision to transfer to other units and not serving on the appointed position shall serve as grounds for imposing disciplinary penalties or dismissal from job.

Article 276.Promotion or downgrading of positions

276.1.Depending on the period served on positions at the agency for enforcement of court decision, results of operations and findings of evaluation on professional performance, officers of court decision enforcement agency shall be promoted or downgraded.

276.2.Cabinet member in charge of justice shall approved the regulation pertaining to promotion, downgrading and rotation of officers, stated in Article 276.1 of this law.

276.3.In the following cases, officer of the court decision enforcement agency shall be downgraded in terms of positions, at the initiative of the agency’s administration:

276.3.1.Position downgraded or disciplinary penalties are imposed as specified in this law;

276.3.2.Medical and other agencies made certification that the officer does not qualify for the job due to health reasons;

276.3.3.Inadequate performance to achieve the deliverables stated in the job descriptions;

276.3.4.Outcomes of operation and the level of professional competency not meeting the requirements for the position.

Article 277.Dismissal from agency

277.1.In the following circumstances, officers of court decision enforcement agency shall be dismissed:

277.1.1.Serious violation of oath, operational discipline and code of ethics;

277.1.2.Committed intentional crime as ruled by court decision;

277.1.3.Found not meeting the requirements stated in Article 270 of this law;

277.1.4.Left Mongolian citizenship or found to have dual citizenship.

Article 278.Military rank and uniform of the officers of court decision enforcement agency

278.1.Chair, first deputy chair and vice chairs of court decision enforcement agency shall have high military ranks.

278.2.Officers of court decision enforcement agency shall have military rank and uniforms.

278.3.Central agency for enforcement of court decision may have its factory for uniforms and special tools production.

278.4.Officer of court decision enforcement agency studying in higher education institutions majoring in court decision enforcement and cadets studying in foreign university with order from the agency shall have military rank and uniform.

Article 279.Court decision enforcement officer’s ID, badge, seal and personal tag with identification code

279.1.Officer of the court decision enforcement agency shall use an official ID issued by the central agency and badge.

279.2.Officers and bailiffs shall also use the name tag and badge with personal code in addition to other items stated in provision 279.1 of this law.

279.3.The design of the ID, bade and tag with personal code, specified in Articles 279.1 and 279.2 of his law, shall be approved by the Chairperson of the central agency for court decision enforcement.

Article 280.Seizing the rank, uniform, ID and personal tag and storage

280.1.In the case that officers are dismissed or fired from the agency, appointed or elected to other jobs, the rank, uniform, ID, personal tags, firearms and special devices shall be returned.

280.2.In case that the officer is no longer able to perform the duties due to health condition, reach pension age and reach the age limit for the performance of job, officer shall maintain the ceremonial uniform and the rank.

Article 281.Imposing disciplinary penalties to officers

281.1.Aside from those stated in the Law on Public Service, following disciplinary penalties shall be imposed to the officers of court decision enforcement agency:

281.1.1.Cut the military rank bonuses for up to three month period;

281.1.2.Reduce the rank;

281.1.3.Remove rank;

281.1.4.Downgrade the positions held.

281.2.Rules for disciplinary penalties and code of conduct shall be approved by a Cabinet member responsible for justice.

281.3.Chairperson of the central agency for court decision enforcement shall impose the disciplinary penalties, specified in Article 281.1 of this law.

Article 282.Evaluating operations and professional level of officers of court decision enforcement agency

282.1.Effectiveness of operations of officers of court decision enforcement agency shall be evaluated according to relevant articles and clauses set forth in the Public Service Law.

282.2.Regulation for evaluating the professional level and performance of officers of court decision enforcement agency shall be approved by Chair of the central agency for enforcement of court decision.

Article 283.Guarantees for the officers of court decision enforcement

283.1.Officers of court decision enforcement agency shall be secured with political, legal, social and economic/financial guarantees in addition to guarantees provided by the Public Service Law.

283.2.In cases other than specified exclusively in this law, guarantees for the officers of court decision enforcement agency shall be regulated by Public Service Law and Law on Pension and Allowances for Military Officers.

283.3.Disclosure of information and data on the officers of court decision enforcement agency without permission shall be prohibited.

283.4.Officers of court decision enforcement agency may be rotated to different positions in order to prevent from crime, violation and conflict of interests keeping them at same level of positions.

Article 284.Political guarantees for the officer of court decision enforcement agency

284.1.It is prohibited to mobilize officers of court decision enforcement agency for execution of any political actions aside from the official duties stated in the law.

284.2.If officers of court decision enforcement agencies are insisted on participation in the actions, stated in Article 284.1 of this law, officers shall refrain from taking part in it.

284.3.When exercising individual rights to speech, expression, association, publishing and religion, officer of court decision enforcement agency shall pay respect to the official duty.

284.4.Agency for enforcement of court decision and its officers are prohibited to use any items, objects and equipment that contain symbols of political parties.

284.5.In the performance of official duties, officer of the agency for enforcement of court decision are prohibited to express personal opinions on the political parties and their operations and to use the official power for the political purposes.

Article 285.Legal guarantee for the officers of court decision enforcement agency

285.1.It is prohibited that citizens and officials to intervene in the legal operation carried out by the officer of court decision enforcement agency and to insist of execution of any duties and functions, not subject to their legally vested functions.

285.2.Officer of the court decision enforcement agency shall not be liable for any damages and losses caused due to performing the duties in compliance with law.

285.3.In case that the officer of court decision enforcement agency performs official duty during non-working hours and the period travelling to and from work shall be considered as performing duties.

285.4.In the event that the officer of court decision enforcement agency and any dependent persons get under threat or potential threat on their lives and health due to performance of their duties, agency for enforcement of court decision shall be responsible for protecting the lives and security of the officers and dependent persons.

285.5.Officer of court decision enforcement agency shall have a right to use personal duty gears and tools, physical force and firearms according to grounds and regulation set forth in the law.

Article 286.Social guarantee for the officer of court decision enforcement agency

286.1.In case that officer of court decision enforcement agency dies in the course of performing official duties due to assault, allowance equal to 10- year base salaries shall be disbursed to the family of the officer one time calculating at the average salary earned in the past 10 years.

286.2.In case that a former officer of court decision enforcement agency had damage and harm to life and health in relation to the former duty at the enforcement agency, the guarantee stated in Article 286.1 of this law shall also apply.

286.3.In the event that officer of court decision enforcement agency his inflicted with harm to his/her health in the course of performing the official duties, Government shall provide the following one-time allowances and compensations:

286.3.1.Taking into account of the percentage of loss of working capacity, one time compensation of amount equal to 30, 60 and 90 times higher than the minimum wage, respectively;

286.3.2.Reimbursement of prosthesis;

286.3.3.Paying difference of amount of salaries to the recipient of pension for loss of care-taker.

286.4.Each time the salary of the officers of court decision enforcement agency increases, the difference of salaries paid in accordance with Article 286.3.3 of this law shall be revisited and paid accordingly.

286.5.Officer of the court decision enforcement agency becomes disabled due to performance of official duties and dismissed on the grounds of disability, travel cost to and from resorts and rehabilitation treatment shall be paid by Government, once a year.

286.6.Costs specified in Article 286.1 of this law shall be paid by the Cabinet, and shall get reimbursed by the guilty person, and Cabinet shall approve rules for compensation, specified in Article 286.3 of this law, and regulation for reimbursement of costs, specified in Article 286.5.

286.7.One year period that court decision enforcement officer served in the detention unit, detention center, specialized hospital and closed penitentiary facility shall be counted as equal to one year and three months, one year service in open penitentiary facility and special institution for training and discipline shall be counted as equal to one tear and two months.

286.8.If necessary and in relation to officers work that is highly risky to health and lives, psychological rehabilitation service shall be provided for up to one month period.

Article 287.Financial guarantees for the officer of court decision enforcement agency

287.1.Cabinet, by making relevant decision, shall create the normal working conditions for the officers of court decision enforcement agency.

287.2.In the event that court decision enforcement officer is appointed to work in other aimags and cities as resident officer and his/her spouse had to cancel the incumbent employment agreement, the spouse shall be supplied firth with jobs, consistent with his/her professional or in the similar field, and in case that jobs are not supplied, health and social insurance premiums shall be paid from the state budget at the rate equivalent to minimum wage.

287.3.In case that officer of court decision enforcement agency working in shift had to work for extra time in exceptional circumstances, salary for the position worked shall be paid for each extra time.

287.4.When the officers of court decision enforcement agency performed duties during the high security level, during non-work hours, at night shifts, and during field drills, good and other necessary items shall be supplied and costs for food shall be paid.

287.5.Cabinet shall determine the amount of food and other supplies and meal costs paid to the officers of court decision enforcement agency.

287.6.For the officer appointed work in the court decision department from city to aimag or city to city, costs for transportation, cargo, per-diem, transportation or families and dependent people and cargo shall be provided at the prevailing rate of air, land and rail transport.

287.7.Government shall pay the tuition fee and transportation costs of officers studying in the area of court decision enforcement in the foreign universities according to order placed by court decision enforcement agency.

287.8.Salary and wages for officers of court decision enforcement agency shall consist of the base salary, salary for rank and the following additional remunerations:

287.8.1.Salary for the overall period in public;

287.8.2.Salary for special work condition;

287.8.3.Salary for interaction with prisoners;

287.8.4.Salary for professional grade/degree;

287.8.5.Salary for academic degree;

287.8.6.Other salary and remunerations stated in law.

287.9.The salary grade, benchmark salary and additional remunerations shall be set by the Cabinet.

287.10.The amount of additional bonuses paid to officers of court decision enforcement agency, stated in Article 287.8 of this law, shall not be subject to regulations in Article 28.12 of Public Service Law.

Article 288.Other guarantees for the officers of court decision enforcement agency

288.1.Court decision enforcement agency shall be responsible for supplying the officer, appointed to work in the soums aside from aimag centers, with accommodation, vehicle and communication devises.

288.2.Officers of court decision enforcement agency shall get three additional days of vacation for every 5 years in service at the penitentiary facility and enforcement departments in addition to base and additional vacation days, set forth in the Labor Code.

288.3.In the course of performing the official duties, officers of court decision enforcement agency shall be reimbursed by the government for the cost incurred on travelling on the public transportation.

288.4.Workload and norms for the officers of court decision enforcement agency shall be jointly approved by Cabinet member in charge of justice, Cabinet member in charge of social welfare and labor and Cabinet member in charge of finance an budget.

Article 289.Age in service of the officers of court decision enforcement agency

289.1.Officers of court decision enforcement agency shall have a rights to get pension and allowances according to Law on Pension and Support to Military Officers and the maximum age in service shall be as follows:

289.1.1. 47 for officer with low ranks;

289.1.2. 52 for officers with mid-level ranks;

289.1.3. 55 for officers with senior level ranks;

289.1.4. 57 for offices with the highest ranks;

289.1.5.Maximum age limit for female officer aside from those with lower ranks, shall be 47.

289.2.The period in service for officers that reached the maximum age limit, as specified in Article 289.1 of this law, may be extended for 5 years with decision of the Cabinet members in charge of justice.

289.3.As soon reaching the ages, specified in Article 289.1 of this law, officers of court decision enforcement agency shall make request either for one year extension or quitting the job three months before the date, and failure to do so shall not impede dismissing him/her with the initiative of administration.

289.4.As stated in Article 289.3 of this law, central agency for enforcement of court decision shall receive a request from officers on extension of period in service and transfer the request to the Cabinet member in charge of justice. Cabinet member in charge of justice shall resolve the request within 30 days and respond to the officer.

289.5.Regulation for extension of period in service, stated in Article 289.2 of this law, shall be approved by Cabinet member in charge of justice.

289.6.Central agency for enforcement of court decision may recruit the officer that is released from service due to maximum age limit, specified in Articles 289.1 and 289.2 of this law, on the contractual basis for support duties.

289.7.Period that officers pursued studies in response to order placed by the court decision enforcement agency to the educational institutions and period that officers worked at higher education institutions responsible for training court decision enforcement officers, period studied as cadet and period served in the army shall be included in the total period of service in the court decision enforcement agency.

289.8.Age limit, specified in the Public Service Law, shall not apply to the age limits of officers of the court decision enforcement agency for service.

ARTICLE TWENTY SIX

GROUNDS OF AND REGULATION FOR USE OF PHYSICAL FORCE, SPECIAL DEVISES AND FIREARMS

Article 290.Common grounds for use of physical force, special devises and firearms

290.1.Officer of the court decision enforcement agency may use physical force, special tools, both individual and mass effect, and forearms in compliance with grounds and rules set forth in this law.

290.2.List of special tools, devises, firearms and bullets that officers of court decision enforcement agency, rules of registry, hand over, return and storage shall be approved by Cabinet member in charge of justice.

290.3.Rules for officer of the court decision enforcement agency for use of physical force, special tools and firearms shall be approved by Cabinet members in charge of justice, in cooperation with Prosecutor- General.

290.4.In using physical force, special tools and firearms, officer of court decision enforcement agency shall comply with the following common requirements:

290.4.1.Use only according to rules and on the grounds set forth in the law;

290.4.2.Not to use as the first measure;

290.4.3.Use consistent with the prevailing condition and try to cause the least possible harm.

290.5.Physical force, special tools and firearms shall not be used for the purpose of insulting, punishing and scourging persons.

290.6.Court decision enforcement agency and its officers shall be be held liable for any consequences created due to use of physical force, special tools and forearms according to rules and instructions.

290.7.In case that use of physical force, special tools and firearms result in casualties and harm to other’s health, it shall be immediately notified to the police and medical institutions, first aid provided and reported to direct supervisor and prosecutor.

Article 291.Use of physical force

291.1.Officer of the court decision enforcement agency shall use physical force in the following cases:

291.1.1.Prisoner resisting legal demand insisted by the officer;

291.1.2.Opposed and resisted in the course of coercive delivery to the police and court decision enforcement agency; 

291.1.3.In cases specified by law permitting to use special tools and firearms.

291.2.It is prohibited to use force on children, pregnant women and persons with disabilities in cases aside from cases of assault that might cause damage and harm to lives and health of officer of court decision enforcement agency.

Article 292.Types of special tools and devises

292.1.Officer of the court decision enforcement agency shall the following special tools and devises:

292.1.1.Personal duty gear and equipment;

292.1.2.Special tools with mass effect;

292.1.3.Other.

292.2.In the course of performing the official duties, officer of the court decision enforcement agency shall be supplied with special devises.

Article 293.Personal duty gear and equipment

293.1.Personal duty gear and equipment shall refer to the following:

293.1.1.Handcuff;

293.1.2.Straightjacket, rope and other devises restraining move;

293.1.3.Baton;

293.1.4.Stun gun;

293.1.5.Tear gas, gas pistol and paralyzer spray;

293.1.6.Pellet gun with plastic bullets;

293.1.7.Other personal gear and equipment.

Article 294.Use of personal duty gear and equipment

294.1.Personal duty gear and equipment shall be used in the following circumstances:

294.1.1.Cease the potential threat to lives and health of officers and other persons;

294.1.2.Arrest prisoners and prisoners’ in escape that are armed or may oppose using arms;

294.1.3.Prisoner coercively resisting legal demand from penitentiary facility officer;

294.1.4.Unpermitted entrance into secure circle of the officer;

294.1.5.Secure transportation of prisoners;

294.1.6.Prevent prisoner from damages to his/her own heath and body and potential escape;

294.1.7.Cease and control unrest and disorder in the penitentiary facility, cease any illegal acts in the penitentiary facility and free the penitentiary facility from blockade;

294.1.8.Other circumstances permitted to use firearms as specified in the law.

Article 295.Special tools with mass effect

295.1.Following tools shall be considered as special tool with mass effect:

295.1.1.Tear gas and paralyzer with mass effect;

295.1.2.Pressurized water cannon;

295.1.3.Smoke grenade;

295.1.4.Other devises with mass effect.

Article 296.Using special tools with mass effect

296.1.Decision on using special tools with mass effect shall be made by the Chair of penitentiary facility, or a an officer commanding the operation, as sanctioned by the Chair of the penitentiary facility.

296.2.Special tools with mass effect shall be used in the following circumstances:

296.2.1.Ceasing assault to penitentiary facility in accomplice of groups;

296.2.2.Ceasing violation of internal regulation of the penitentiary facility or disorder/unrest in the penitentiary facility.

296.3.Prior to using special tools with mass effect, following measures shall be taken:

296.3.1.Notify to prosecutor, if possible;

296.3.2.Warn that special devise may be used and insist on ceasing the illegal act.

296.4.In case that the prisoner does not fulfill the demand, stated in Article 296.3.2 of this law, or in case that a potential threat to human life and health arises, special tools for mass effects may be used.

Article 297.Grounds of using firearms

297.1.Officer of the penitentiary facility may use firearm in the following instances:

297.1.1.Prisoner attempts to escape or escaped;

297.1.2.Assaulted in a way that could inflict damage to health and lives of other person and him/her self;

297.1.3.Armed attack or attack in accomplice to penitentiary facility, or attempted to capture firearms held by officer of penitentiary facility;

297.1.4.Prisoner armed with firearms or any other dangerous objects that might cause harm and casualty and does not fulfill the demand to give up the weapon;

297.1.5.Armed attack or attack in accomplice to to release prisoner being transported;

297.1.6.Disorder and unrest occurred at the penitentiary facility and circumstance that serious damage might be inflicted to human life and property arisen;

297.1.7.Arresting prisoner that is armed or could potentially use weapon.

Article 298.Common rules for use of firearms

298.1.Officers of penitentiary facility that are trained for firearms and authorized to use firearms shall have a right to carry firearms according to rules and grounds set forth in this law.

298.2.In all possible instances, warning shall be made before using firearms. In cases that giving warning might result in loss of time and serious damage to lives and health of a person, firearm may be used immediately.

298.3.Before using firearm, officer of the penitentiary facility shall take the following measures step-by-step:

298.3.1.Take the firearms ready position in case the circumstance, stated in Article 297.1 of this law, occurs;

298.3.2.Warn on potential use of firearm, identify certain location and distance, demand to cease the illegal act or prohibit to make any moves;

298.3.3.use firearms of the person continues the move or act after warning is given as specified in Article 298.3.2 of this law.

298.4.In case that the prisoner that is being transported assaults the officer of the penitentiary facility to grab the firearms, firearm may be used at once.

298.5.If a person is wounded due to use of firearms, first aid shall be provided and delivered medical institution. All instances of use of firearm shall be informed to prosecutor and police.

298.6.Regulation for reporting and information about the use of firearms shall be approved by Cabinet member in charge of justice, in cooperation with Prosecutor General.

ARTICLE TWENTY SEVEN

MISCELLANEOUS

Article 299.Financing and accounts of court decision enforcement agency

299.1.Central agency for enforcement of court decision, penitentiary facility, aimag and capital city court decision enforcement departments and divisions shall be accounts in the commercial banks.

299.2.Central agency for the enforcement of court decision shall be account in the commercial bank for international transactions.

299.3.Bookkeeping, accounting and financial reporting of the agency for court decision enforcement shall be made according to Accounting Law and other legislations.

299.4.Regulations for account recording, bookkeeping and financial reporting, specific to enforcement of court decision, shall be approved by Cabinet member in charge of justice, in consultation with Cabinet member in charge of finance.

299.5.In cases except those stated in Article 169.1 of this law, expenses for enforcement of administrative, misdemeanor and criminal cases decisions and incarceration shall be financed from the state budget.

Article 300.Oversight on the operations of the court decision enforcement agency

300.1.Central state administrative agency in charge of justice shall oversee the operations of the court decision enforcement agency.

300.2.Prosecutors shall oversee whether enforcement of court decision on misdemeanor cases, service of incarceration and non-incarceration sentences and compulsory measures are enforced according to rules and grounds set forth in the law.

Article 301.Lodging complaint against the decision and acts of the officer of court decision enforcement agency

301.1.Any complaint on the acts of officer of court decision enforcement agency, except the acts stated in Article 44, 55 and 63 of this law, shall be lodged to the upper level officer within 10 days after that the respective person received the formal decision of the enforcement officer.

301.2.Upper level officer shall redress the compliant within the period specified in the law.

Article 302.Law coming into effect

302.1.This law shall come into effect starting from 1 July 2017.

 

 

DEPUTY SPEAKER OF STATE GREAT KHURAL (PARLIAMENT) OF MONGOLIA TS.NYAMDORJ