O. Nominchimeg: We have established a fundamental legal environment that prevents the issuance of rules and regulations that are extrajudicial, that override the law, or that violate human rights

Interview with MP O. Nominchimeg, who chaired the working group responsible for preparing the draft law on amendments to the Law on Legislation for discussion at the State Great Hural (Parliament).


The Law on Amendments to the Law on Legislation has been adopted. What are the key regulatory provisions of this law?

— The amendments to the Law on Legislation introduce three main changes. First, we aim to create people-centered legislation. Looking at our country’s legal system as a whole, social relations have increasingly been regulated not by laws but by administrative normative acts, rules, and procedures. Although these rules and procedures should be based on laws, an imbalance and distortion have occurred. Without clearly defining the scope and limits of normative acts, practices that go beyond or outside the law and violate human rights have become common. Therefore, we introduced specific criteria and standards to address this.

Second, our Constitution declares that we establish a society that respects human rights and freedoms, humanitarian values, citizenship, and democracy. If any restrictions on human rights are to be imposed, they must comply with the criteria set forth in the international treaties and conventions Mongolia has acceded to, as well as the Constitution. We introduced the principle that lawmakers must conduct an analysis of human rights implications when drafting laws.

Third, when drafting laws, they must be independent, autonomous, based on research and analysis, and reflect public opinion. Previously, lawmakers prepared impact assessments and cost estimates, but these often resulted in biased reports. Now, independent external researchers will be involved, public consultations held, and an explanatory statement detailing whether and how citizens’ opinions have been considered must be submitted alongside the draft law.

What regulations were included regarding draft laws submitted for urgent consideration?

— Draft laws submitted under the urgent procedure previously did not require cost estimates, impact assessments, evaluations of effects, or implementation results. After discussion in the working group, we introduced a legal requirement that cost estimates must always be prepared for such drafts.

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