Implementation of the Constitution

The State Baga Khural proclaimed the right of private property, expanded the new economic, financial and credit relations in the market conditions, and issued 35 new laws of political and social reform.^[395] The basis of these laws became the official concept for drafting and approving the new Constitution.^[396]

The people of Mongolia announced their objectives by the Constitution of 1992 which have strengthened their independence and sovereignty, cherished human rights, freedom, justice, national unity, their statehood, history and cultural tradi­tions, respected the achievements of human civilisation, and provided a humane, civil democratic society.

The Constitution of Mongolia is a political and legal document that lays the legal foundation for the development of the democratic development process of Mongolia’s society, state, and citizens to the level of a modern democracy recog­nised worldwide. The new Constitution is at the core of Mongolian legal life and provides its legal basis.^[397]

On 16 January 1992, the Constitutional Annex Law on the transition from the Constitution of the People’s Republic of Mongolia to full compliance with the Constitution of Mongolia was passed, defining the ways of the distribution of state power, local self-governing organisations, and legal reforms.

According to the Annex Law, the State Great Khural set a goal to complete the work of redrafting the laws and regulations in accordance with the Constitution of Mongolia by 1996. The Law also provides for the resolution of the issue of compat­ibility of international treaties of the Republic of Mongolia with the Constitution of Mongolia.

In other words, it was decided that the legal reform should be completed in two periods: 1992-1993 and 1994-1996, and it was necessary to implement the legal reform in a broad sense divided into five groups of measures.

These measures were grouped as follows:

1. reform the legislation;

2. ensure the execution of the law, reform the law enforcement system and procedures;

3. reform legal professional education;

4. reform the organisation and methodology of legal academic work; and

5. develop a new legal awareness in the society.^[398]

First among the issues, within the scope of reforming state institutions and reor­ganising state governance, local administrations, and self-governing institutions, laws on the State Great Khural, the President of Mongolia, the Government, administration, territorial units and their management, and the election laws were approved and implemented.

In January 1992, the deputies of the People's Congress met for 76 days and approved the new Constitution of Mongolia. Elections were held in accord­ance with the new Constitution and the work of electing the members of the Parliament began. In the first election to elect the Parliament, the Mongolian People's Revolutionary Party won 70 out of 76 mandates and became an absolute majority. One independent candidate was Zuunai, a member of the Mongolian People's Revolutionary Party, who was elected from Gobi-Altai Province. The remaining five seats were taken by the Democratic Party, the Social Democratic Party, and the National Progressive Party. In the first session of the Parliament on 20 July 1992, as a Member of Parliament and Deputy Chairman of the Mongolian People's Revolutionary Party, Natsagin Bagabandi was elected as the Speaker of the Parliament.^[399]

Of course, the main role of the State Great Khural of Mongolia in 1992-1996 in the history of the Mongolian state was to make legal reforms that regulate social relations in this new stage of the country's development. The State Great Khural discussed and approved the laws on the legislative, executive and judicial powers of the state in accordance with the norms of the rule of law. In addition, by legal­ising the legal status of the capital, regions, and towns, local administration was organised on a new basis.

The State Great Khural was able to make changes in the field of economic and social policy as well. The main result of this period was a smooth transition to market relations, and it was able to stop the economic decline.

In 1992, the Mongolian Parliament discussed and approved the package tax law and the Budget Law, and in 1993, the special tax was passed, and the formation of state budget revenue was legalised. Reforms were made within the framework of the monetary policy approved by the Parliament. Mongolia’s economy and society entered the market relationship. The style of communica­tion has been fundamentally changed. The greatest achievement in this industry was the successful reversal of the recession.

The basis of the state policy on education, science and culture was deter­mined, the laws were approved, and practical steps were taken to implement these sectors of the social sphere in accordance with the conditions of market relations. N Bagabandi, the Speaker of the Parliament at that time noted that:

The social and political thinking of the people has been renewed. National traditions, customs and religion were revived. A characteristic feature of today is the strengthening of intellectual freedom, respecting the history, culture, national unity and independ­ence of the country. That influences in everyone’s creativity positively.^[400]

The approval of environmental protection laws was one of the virtues that first Parliament created for future generations. One of the major issues resolved by the First State Great Khural was the adoption of a number of major documents defining the fundamentals of state policy.

To name a few of the most important ones: Mongolia’s Development Concept, Mongolia’s National Security Concept, military mission, defence, border and state security, and internal military laws which are the country’s development strat­egy, national security and homeland. It became historically important to defend independence and protect the inviolability of the country’s borders.

The approval and implementation of Mongolia’s foreign policy concept by the State Great Khural became an important historical document defining the princi­ple of closely coordinating foreign policy with national interests and development needs, and ensuring the country’s security through diplomatic means. On this basis, Mongolia’s open and multi-pillar foreign policy continues to develop, and its reputation on the international stage continues to grow. Thus, the main activities of the State Great Khural in 1992-1996 were aimed at defining laws and internal and external policies of the state. During this period, the State Great Khural passed a total of 137 new laws, amended 142 laws, ratified 40 international agreements, and nullified 46 laws.

In this way, the goal of reforming the legal system defined by the Constitution of Mongolia, its annexed laws and the legislative policy of the Great Khural of Mongolia was successfully implemented. It is not only the number of approved laws, but the fact that the basic relations of all spheres of social life are regulated by new laws, which made it possible to make such a conclusion. In this way, the legal reform of Mongolia is an important result of the State Great Khural.

The German Cooperation Association, the United States Agency for International Development, Konrad Adenauer Stiftung, Hanns Seidel Stiftung, Asian Fund, the World Bank, Japan International Cooperation Agency, Asian Development Bank and the United Nations Development Programme have all contributed to 1992 Constitution’s implementation in the field of human rights and law.

As of May 2022, there are currently 814 laws in force in Mongolia. There are 2111 resolutions approved by the State Great Khural and 661 international agreements of Mongolia.^[401] This is not a small number. But the main reason is whether it can be natural to meet the needs of society. If we try to legislate every branch of social relations in pursuit of numbers, it will eventually turn into unnatural arbitrariness.

VII.