Mission and objectives

Mission of the Mongolian Bar Association

• Respect for human rights, freedom, rule of law and justice
• Ensuring and strengthening the independence of the lawyer's activities and the independence of the lawyer
• Representing and protecting the rights and legal interests of lawyers is a mission

The Mongolian Bar Association will carry out the following activities within its mission：

• To protect human rights and provide support and assistance to citizens in exercising their right to receive professional legal assistance
• To provide necessary support for the implementation of the rule of law and the principles of justice in Mongolia
• To support and strengthen independent professional activities of advocates
• Provide assistance in increasing the profession, knowledge, and skills of a lawyer
• Ensuring the lawyer's independence and protecting against loss of independence
• Organization of multifaceted activities in the field of protection of lawyer's rights, legal interests, and business reputation
• Provide assistance in the formation of ethics of advocates and lawyers

Historical trajectory

Origin and development of the lawyers' organization, historical path

On August 21, 1924, during the 15th session of the Third Congress of the Mongolian People's Revolutionary Party, which had an influential role in the exercise of state power at that time, during the discussion on "The Work of the Legal Institution", he criticized the violation of human rights and said, "People's representative and advocate The words "need to have" came to the attention of the representatives, and then it was reflected in the decision of the Congress.
Under the influence of the above decision, the involvement of the "Lawyer" who is responsible for the consistent protection of human rights in the conduct of judicial proceedings in accordance with the principles of people's rights, has been started and has started to be implemented in real life.
In this way, the participation of "Lawyers" responsible for the protection of human rights in court proceedings in Mongolia became the beginning of the development of defense activities in the country.
There have been many significant events related to the origin and development of the lawyers' organization.
According to historical data, the prosecutor participated in 11 of the 21 criminal cases decided until September 1924, and along with him, people like Namsrai, Serjhu, Jamsran, Sanjmyatav, and Tsevegjav participated in the trial as "Lawyers".
Also, there is historical evidence that a lawyer was involved in deciding the case of Sanjaa-Galdanov, the commander of the Baron's army who fought against the Mongolian army, at the building of the Chinese Shi'i Office in the Capital Region at 12 o'clock on July 20, 1926.
On October 4-7, 1937, Erendavaa and Sambuu participated as lawyers in the public hearing of the case of 23 monks of Yondon Archbishop Luvsanheimchig at the State Central Theater or Bombogor Green.
In 1926, the "Law on Proceedings of Cases in Courts of Mongolia" was approved, and Article 65 of the law states that "...in any case, the prosecutor shall be involved in the proceedings, and if the accused parties so desire, appoint a representative from the court or invite them to sit at the court's expense." should be..." became the first document to legalize the right of civil defense in Mongolia.

• Bylaws of the crowdfunding group
• Bar Rules of the Republic of Moldova
• Instructions on the fee procedure for legal assistance provided by lawyers to the public, government and the public, as well as to industrial establishments
• Rules of defense organizations of the People's Republic of China
• Instructions on the procedure for payment of legal assistance fees from lawyers to the people of the People's Republic of China and offices, industries, and organizations
• Rules of defense organizations of the People's Republic of China
• Instructions on the procedure for paying the fee to the defense organization for providing legal advice to the state, public, cooperative organizations, and citizens
• Rules of the Mongolian Bar Association
• Law of the People's Republic of Mongolia on the Mongolian Defense Organization
• Defense Law
• The newly enacted Advocacy Act
• Law on Legal Status of Lawyers
• Rules of the Mongolian Lawyers' Association NGO

The Ministry of Justice and the Supreme Court of the Republic of Kazakhstan prepared a legal act with 5 chapters and 28 articles called "Regulations of the People's Assistance Group on the Arbitration of the Supreme Court" on May 25, 1928. Article 3 was approved and submitted to the State Conference, and it was immediately approved in Article 1 of the Resolution of the 70th meeting of the Presidents of the State Conference.
When defining the work of the Advocates' Organization according to the rules of the Community Assistance Group:

Advise (Counseling) for any criminal or civil case from among the people, how to go where it should be, what kind of case is appropriate, how to find the benefit, and also explain the meaning (Advice)
Write petitions, letters, and forms to be filed in any administrative office or courthouse as desired
If a person has to use a lawyer to represent him or her, the group will appoint a special person to help.
Drafting any trade or mutual agreements between peoples
Also, to translate applications and forms for foreign nationals, such as Russia and China, into Mongolian
"By the way, it is better to try to explain to the people the meaning of the death laws and guidelines published by the government of the country."
The group to provide assistance to many people will operate in Ulaanbaatar, have a local branch, have a seal, have a deputy chairman and a secretary, as well as recruit and release members and be financed by income.
In this way, the Mongolian lawyers' organization has a history of being lit by the "People's Assistance Group".
The criminal procedure law of 1935 stipulates that a lawyer should be involved and appointed when discussing the case in the court, as requested by the accused, which created the need to establish an independent office of the lawyer or the lawyer's organization and strengthen it with qualified lawyers.

At its meeting on January 14, 1944, the Council of Ministers of the People's Republic of China discussed this issue and decided by Resolution No. 5 to establish a Bar Association under the Ministry of Justice and to have it as a department of the Ministry.
According to the "Lawyers' Code of the Republic of Moldova" approved by the Council of Ministers, lawyers provide legal advice and explanations to citizens and authorities, prepare petitions, complaints and other documents at their request, represent convicts, civil plaintiffs and defendants. It has been defined to perform the main functions such as advocacy.
It is stipulated that the Bar Association shall have the rights of a legal entity and shall consist of members approved by the Minister of Justice.
According to the "Instructions on the Fee Procedures for Legal Assistance Provided by Lawyers to the People, Officials, and the Public, as well as Industrial Areas" approved by the Council of Ministers, the members of the Bar Association collect the fees for legal assistance provided to citizens' organizations and hand them over to the state revenue, and receive a salary from the state. was.
By Resolution No. 253 of the Council of Ministers of the Republic of Moldova dated July 25, 1952, the "Rules of Defense Organization of the Republic of Moldova" were newly approved.
According to this change, the Ministry of Justice will generally provide the Bar Association with methodological guidance, but the Bar Association has been given the right to decide on the issues of recruiting members and taking disciplinary measures by the chairpersons elected by the meeting of all members, and to decide all its own issues at the annual meeting of all members.
The charter states that "the organization of advocates is a voluntary association of people authorized to engage in advocacy" and became the basis for its development as a public organization.
Since the meaning of the new charter of the Bar Association of the Republic of Korea was aimed at separating the Bar Association from the Ministry of Justice and operating relatively independently, it was changed to a new organization in 1953.

Based on the above resolution of the Council of Ministers, the "Instructions on the procedure for payment of fees for providing legal assistance to the people of the People's Republic of China and to the authorities, industries, and organizations of the Republic of Moldova" was approved by the Resolution No. 293 of the Council of Ministers dated July 25, 1953. . According to the rules, the first meeting of all members of the Bar Association was held on March 29, 1954, and Surenjav of Davaghchoisod was confirmed as its chairman.
According to Resolution No. 243 of the Council of Ministers of the Republic of Moldova dated June 30, 1965, "Regulations of Defense Organizations of the Republic of Moldova" and "Instructions on the Procedure for Paying Fees to Defense Organizations for Providing Legal Advice to the State, Community, Cooperative Organizations, and Citizens" have been newly approved respectively.
The newly approved charter was approved within the framework of the Law on the Organization of Courts, and the charter confirms that the Bar Association is a public organization with voluntary membership of law enforcement professionals and other persons engaged in advocacy activities.
The law stipulated that the Bar Association of the Republic of Korea would manage, organize, and supervise the daily activities of the defense organization, and the Supreme Court would supervise the activities of the defense organization and provide professional management.

According to Decree No. 256 dated October 30, 1978 of the leaders of the National People's Congress, the "Regulations of the Mongolian Bar Association" were approved.
According to the rules, the Mongolian Bar Association is a voluntary public organization of legal professionals engaged in advocacy, but the Ministry of Justice of the People's Republic of Mongolia supervises the activities of the organization.
Considering that the Mongolian Bar Association should be organized according to the Constitution of Mongolia, its activities should be regulated by law, the leaders of the People's Great Khural of the Republic of Mongolia issued Decree No. 127 on June 23, 1986, "The Law of the Republic of Mongolia on the Mongolian Bar Association." The first law of the lawyers' organization was approved.
As for the public organization, the supreme governing body of the organization is legalized to be a conference consisting of representatives of lawyers, and the daily activities are conducted by the leaders, which is different from the previous rules.
In the past, the Ministry of Justice was directly involved in the activities of the Bar Association/college and supervised its activities, but this law has made it legal for the Ministry of Justice to supervise the Bar Association's compliance with laws and regulations and to participate in the activities of the organization in the form of giving instructions and recommendations. can be considered as a progress in ensuring the independence of the organization.

As a result of the democratic revolution in 1990, the new Constitution of Mongolia, which was adopted as part of the great changes that took place in the country, is based on the goal of comprehensively developing a civil and humane democratic society based on the basic principles of state activity: justice, freedom, equality, and the rule of law.
The new Constitution includes many provisions guaranteeing human rights, and the main part of guaranteeing the implementation of those provisions was the creation of a legal framework for the activities of lawyers exercising the right to legal representation and professional legal assistance.
Advocacy, which has been developing in line with the country's social development, needed to be changed in accordance with the new democratic Constitution, and the "Law on Advocacy" was approved on December 9, 1994.
The objective of this law on advocacy is quite different from the previous laws, and this law guarantees the implementation of the principles and organization of advocacy and legal assistance activities, and the implementation of the mandate of advocates, aimed at the formation of social justice that protects democracy, human rights, freedom, and legitimate interests. aimed at regulating the connected relationship.

From 1928 until the Law on Advocacy in 1994, the organization of advocates has been called "People's Assistance Group", "Bar Association of the People's Republic of China", "Bar Association of Mongolia". The new law establishes the Mongolian Bar Association as a not-for-profit organization that aims to engage in advocacy activities and gather lawyers who have passed the appropriate test.
This law enabled lawyers to form a legal entity to provide legal services independently, which ensured the independence of legal services. As a result, the first legal entities to provide private legal services were created, and many legal bureaus such as "Support", "Erkh", "Tsets", and "Heltsel" were established and are still operating stably.

In 2002, among the many laws revised and approved as part of the legislative changes in Mongolia, the "Law on Advocacy" was approved on May 16, 2002, and came into effect on September 1 of the same year.
According to the above-mentioned two laws on advocacy, the right to grant, suspend, remove, or revoke the license to practice advocacy and to appoint members of the professional committee was exercised by the member of the government in charge of legal affairs.
However, the fact that the law did not grant the State the right to participate in the activities of the Advocates' Organization by teaching, advising, and supervising its activities became an important factor in guaranteeing the independence of the Advocates' Organization and the professional activities of advocates.
Today, more than 1,200 lawyers who have received a special license to practice law within the framework of the law are operating in 24 branches of the province and capital.
61 percent of the 2,400 lawyers participating in the judicial process shows the importance of participation and participation not only in the judicial process but also in the legal reforms that are taking place today.

In the framework of legal reform, the "Law on the Legal Status of Lawyers" was approved on March 7, 2012, along with the set of laws on the Court approved by the National Assembly, which came into force on April 15, 2013.
In connection with the approval of this law, the Law of Mongolia on Advocacy was repealed from the same day.
In connection with the changes in legislation, the Board of Directors of the Mongolian Bar Association convened an Extraordinary General Meeting of the Association on April 5, 2013, and discussed and resolved the issue of changing the founding document of the Association in accordance with the new laws.
According to the "Mongolian Lawyers' Association NGO Charter" discussed and approved by the Extraordinary General Assembly, the Association unites lawyers/lawyers authorized to represent in court/ to protect their rights and legal interests, and through its members, to protect human rights throughout Mongolia. , protection of freedom, rights and legal interests of legal entities, persistent struggle against any form of activity and action that violates human rights, advocacy and legal assistance, providing legal knowledge to citizens, law promotion, and crime prevention was reorganized into a non-governmental organization serving its members with a membership purpose.

Contact Us：

Location: Ulaanbaatar City, Bayangol District, Peace Avenue – 46, Grand Plaza 15th Floor #1505, #1506
Telephone: Mongolian Bar Association: 7012-6861
Fax: (976) 7012-6861
E-mail: holboo@ama.org.mn
Web: Mongolian Bar Association