Chamber for Administrative Cases
Article 172. Filing a complaint by way of supervisory procedures
172.1 Litigants, their representatives or advocates and third parties shall have the right to file a complaint by way of supervisory procedures with respect to a court decision that resolved a case by way of first instance procedures or to the review order described in Article 167 of this Code.
172.2 Complaint for review shall be filed based on the following alleged grounds:
172.2.1 Court did not apply the applicable law, applied the law which should not be applied, applied incorrect interpretations of the law or applied the law regulating similar relations incorrectly;
172.2.2 legally established procedures for resolving a case were violated.
172.3 In the following cases the procedures for resolving a case shall be considered to be violated:
172.3.1 litigants, their representatives or advocates were not allowed to attend court sessions where their presence was essentially required;
172.3.2 the case was resolved by an unlawfully constituted panel;
172.3.3 the rights of the participants were seriously violated;
Article 173. Receipt of complaint for review
173.1 Complaint for review shall be received by the court which resolved the case by way of the first instance procedures.
173.2 The court that has received the complaint shall attach the document proving the payment of the state stamp duty and the complaint to the case and shall send it to the Supreme Court of Mongolia within 3 days in the capital city and within 14 days in the rural areas.
173.3 The person filing a complaint for review shall be subject to pre payment of the state stamp duty according to procedures specified in Provision 57.1 of this Code.
Article 174. Period for resolving a case
174.1 A case shall be resolved at the court session of supervisory instance within 30 days after the date of receipt.
Article 175. Notifying participants of the case
175.1 If litigants, their representatives or advocates request to attend the supervisory court session they shall be notified about the time and place of the court session.
175.2 Failure of litigants, their representatives or advocates to arrive at the court session shall not impede resolution of the case.
175.3 Litigants, their representatives or advocates and third parties shall have the right to present their explanations regarding the complaint.
Article 176. court session at the supervisory instance
176.1 Five-member panel of Justices of the Civil Chamber of the Supreme Court of Mongolia shall resolve a case by way of supervisory procedures.
176.2 The court session of the Chamber shall adopt a resolution. The resolution shall be signed by the chair of the session and the Justice who made a presentation. The resolution shall state contents of the decisions and review orders of the court of first instance and the court that resolved the case by way of appeal procedures, their grounds and grounds for the resolution being adopted.
176.3 Within 30 days after receiving the resolution of the court session of the Chamber, the complainant may submit a complaint to the Supreme Court of Mongolia on the grounds of violation of law. If the Chief Justice of the Supreme Court of Mongolia considers that the complaint has grounds, he/she shall issue a conclusion and submit the case to the session of the Supreme Court of Mongolia.
176.4 The conclusion of the Chief Justice shall state the grounds for the complaint, circumstances of resolving the case and grounds for allegations of violation of law.
176.5 The session of the Supreme Court of Mongolia shall consist of all judges of the Supreme Court of Mongolia. The session shall adopt a resolution and this shall be the final decision.
176.6 Complaint submitted with respect to the resolution of the session of the Chamber shall be received by the court which resolved the case by way of the first instance procedures and shall send it to the Supreme Court of Mongolia together with the case.
Article 177. Resolving a case
177.1 In case the Supreme Court of Mongolia in its session resolves a case as specified in Provision 176.5 of this Code, the decision shall be made by majority vote of the judges.
177.2 If there is a tie in voting of the panel of judges described in Provision 177.1 of this Code, the conclusion shall be deemed to be rejected.
Article 178. Court decision resolving a case by way of supervisory procedures
178.1 The Court of supervisory instance shall resolve the case in the following way and issue a decision:
178.1.1 to leave the decision, or review order, or resolution unaltered and dismiss the complaint;
178.1.2 to amend or alter the decision, or review order, or resolution;
178.1.3 to make void the decision, or review order, or resolution in whole or in part and to leave the decision altered or to alter it;
178.1.4 to invalidate the decision, or review order, or resolution and to dismiss the case or the claim;
178.1.5 to invalidate the decision and return the case to the court of the first or appeal instances for re-hearing;
178.2 Upon issuance, the resolution of the court that resolved the case by way of supervisory procedures shall take legal effect.
178.3 Resolution of the Supreme Court of Mongolia issued by way of supervisory procedures shall be the final decision.
MR. BATSUURI MISHIG
MRS. MUNKHTUYA BYAMBAA
MRS. MUNKHTUYA DASHDORJ
MRS. SOYOL-ERDENE PUREVDORJ