Parliament accepts Constitutional Court’s conclusion on presidential candidate

2021-04-23 14:14:48

Ulaanbaatar /MONTSAME/. At the plenary session of the State Great Khural held on April 22, a parliamentary resolution on ‘the Constitutional Court’s conclusion No. 2 dated April 16, 2021’ with 82.4 percent of 68 members in attendance voted in favor. 

The parliament’s approval of the Constitution Court’s conclusion makes the current and former presidents of the country ineligible to run for presidency again. 

The Constitutional Court of Mongolia has rendered a conclusion that people, who were elected as President or served as President, running for another term as well as provisions 3.1.2. and 5.4. of the Law on Presidential election are in conflict with the provisions 1.2., 30.2. and 70.1 of the Constitution of Mongolia with last amendments made in 2019. 

Article 3.1.2. of the law on presidential election reads as ‘presidential candidate is a person who is a citizen of Mongolia, who reached the age of 50, has a permanent residence in the country for at least the five years prior to the election and registered their candidacy for the President of Mongolia and received candidacy card. 

Article 5.4. of the law also states that a citizen of Mongolia who reached the age of 50, has a permanent residence in the country for at least the five years prior to the election and fulfills all other requirements set in the Constitution of Mongolia and this law are eligible to be elected as the President of Mongolia. 

As the two provisions mentioned above contradicts the certain provisions of the Constitution, the Constitutional Court has made a decision to suspend the two provisions in the law on Presidential election. 

The provisions of the Constitution of Mongolia affected are as follows: 

1.2. The fundamental purpose of state activity is the insurance of democracy, justice, freedom, equality, and national unity and respect of law.

30.2. An indigenous citizen who has attained the age of 50 years and has permanently resided as a minimum for the last five years in Mongolia, is eligible for election to the post of President for a six-year term for one time only. 

70.1. Laws, decrees, and other decisions of state bodies and activities of all other organizations and citizens must be in full conformity with the Constitution.

Required changes will be made made to the Law in Presidential election to make the law in compliance with the Constitution.  

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