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Constitution of Mongolia

(excerpts)

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Article 19
1. The State shall be accountable to the citizens for the creation of economic,
social, legal and other guarantees for ensuring human rights and freedoms, and
shall fight against the violations of human rights and freedoms, and shall restore
such infringed rights.
2. In case of a state of emergency or war, the human rights and freedoms as
prescribed in the Constitution and by other laws may be subject to limitation
exclusively by law. Such law shall not affect the right to life, the freedom of
thought, conscience and religion, as well as the legal provisions concerning the
right to not to be subjected to torture, inhuman, degrading or cruel treatment.
3. In exercising his/her rights and freedoms, a person shall not breach national
security, the rights and freedoms of others, or violate public order.

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Article 25
1. The State Great Hural (Parliament) may consider at its own initiative any issue
pertaining to domestic and foreign policies of the State, and the following
matters within its exclusive prerogative shall be vested therein and decided
upon:
18) Declare a state of emergency or a state of war in the whole or some parts of
the country in special circumstances described in Sections 2 and 3 of this
Article. and to approve or nullify the President’s decree to that effect.
2. Under the following extraordinary circumstances the State Great Hural
(Parliament) may declare a state of emergency to eliminate the consequences
thereof, and to restore the life of the population and society to normality:
1) The natural disasters or other unforeseen dangers which threaten or may
threaten directly the life, health, well-being and security of the population
in the whole or a part of the country’s territory, have occurred;
2) The organs of state are not able within their authority to cope with the
public disorders caused by organized, violent, illegal actions of an
organization or a group of people, that is threatening the Constitutional
order and the existence of the legitimate societal system.
3. The State Great Hural (Parliament) may declare a State of War, if public disorder
in the whole or a part of the country’s territory result in an armed conflict or
creates a clear and present danger of an armed conflict, or if there is armed
aggression or a clear and present danger of such aggression from outside.
4. The other powers, organizational structure, and the rules of procedures for the
State Great Hural (Parliament) shall be determined by law.

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Article 27
5. In case of the proclamation by the President of a state of emergency or war, the
State Great Hural (Parliament) shall be convened for an extraordinary session
within seventy two hours without prior announcement

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Article 33
1. The President shall exercise the following prerogative powers:
12) Declare a state of emergency or a state of war on the whole or part of the
national territory, and to issue its ordinance on the deployment of the
Armed Forces whenever extraordinary circumstances, prescribed in
Sections 2 and 3 of Article Twenty Five of the Constitution, have arisen and
whereby the State Great Hural (Parliament) session is in its recess period.
The State Great Hural (Parliament) shall discuss within seven days after
issuance of the Presidential decree declaring a state of emergency or a
state of war, and shall either endorse or invalidate it. If the State Great
Hural (Parliament) does not take decision on the matter, then such decree
shall be considered null and void.

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