The Constitutional Tsets settles a disputes on the basis of the
petitions and information, submitted by the citizens or of the requests
forwarded by the President, the State Great Hural, the Prime Minister,
the Supreme Court , and the Prosecutor General concerning whether the
Constitution has been breached.
Foreign
citizens and stateless person residing lawfully in a territory of
Mongolia shall enjoy the right to forward petitions and information to
the Tsets.
The
member who received petitions and information concerning the breach of
the Constitution from citizens shall carry out the initial examination
within 14 days and decide on instigating a process by his own
initiative. The member of the Tsets who received requests from the
authoritative organisations and officials shall instigate a process
immediately upon the reception.
Complaints
raised by disputing parties or a proposal made by a member of the Tsets
in writing not recognising the resolution of a member of the Tsets on
instigation of a process of examining and resolving disputes it the
Tsets shall be examined at the session of 3 members bench appointed by
the Chairman of the Tsets and a decision shall be made on whether to
instigate a process of examining and resolving disputes. A session to
make a first decision on all issues on which disputes to be brought
before the Tsets session have been instigated shall compose of 5
member.
A session
to be held for reconsideration and making a final decision on a
conclusion made on Tsets‘ session which has been rejected by the State
Great Hural or when new circumstances arise on a dispute previously
settled or a majority of the members of the Tsets make a proposal to
reconsideration make final decision shall compose of total members or
not less than 7 members in case some are unable to attend at the
session for good reason.
Issues under consideration shall be decided by a majority vote members present at the session.
A
judgement of the Tsets under reconsideration shall be decided finally
by the two thirds vote of members present at the a session. If the two
thirds vote of members is not obtained a provision of a law, a
resolution, a decree, other decisions , and an international treaty
signed by Mongolia shall remain in force. |