Цагдаагийн албаны тухай хууль /POLICE LAW ENGLISH/

2021-12-24 23:19:00
1350

LAW OF MONGOLIA

February 9, 2017                                                                                                                                       Government Palace, Ulaanbaatar

POLICE LAW

/ Revised edition / CHAPTER ONE

GENERAL PROVISIONS

  1. Article 1. The purpose of the law
    1. The purpose of this law is to establish the structure and the activities of the National Police Agency, the legal status of police officers, and the legal ground for the civilian oversight on the policing organizations.
  2. Article 2. Legislation on the Police
    1. The legislation of the police shall consist of the Constitution of Mongolia, the Law on the Government of Mongolia, the Law on the Legal Status of Government Agencies, the Law on Pensions and Benefits for Military Servicemen, the present law and other legislations enacted in conformity therewith.
    2. If an international treaty to which Mongolia is a party provides otherwise than this law, the provisions of the international treaty shall prevail.
  3. Article 3. Definition of terminologies
    1. The following terminologies contained in this law shall have the meanings set forth below:
      1. “Fighting crime” means carrying out activities specified in the law for the purpose of preventing, suppressing, detecting and investigating crimes;
      2. “Protection of public order” means the activity of enforcing the rules and regulations established by the legislation and generally applicable administrative norms in the streets, squares and other public places;
      3. “Providing public safety” means comprehensive activities to eliminate and prevent threats that may cause serious harm to human life, health, environment, society and the country;
      4. “Substantiated suspicion” means the circumstances that lead a police officer to conclude that it is necessary to perform the activities specified under this law after evaluating the specific events, information, facts, specifics of the territory, crime, degree of violation, suspect, legal entity and its operations;
      5. “Related person” means a spouse, partner, spouse, parents, grandparents, born or step-child, adopted child, brother, sister, nephew or grandchild of a police officer;
      6. “Use of physical force” means an act committed by a police officer using physical force and professional training for the purpose of restricting the movement of others.
  4. Article 4. National Police Agency
    1. The National Police Agency is a special state agency that is principally responsible for combating crime, protecting public order and ensuring public safety using the power provided by the law to the fullest extent.

 

  1. Article 5. Principles of operation and management of the police
    1. The Police and its officers, in addition to conforming to the Constitution of Mongolia, shall respect human rights and freedoms, be transparent, keep confidentiality, gain public trust and support, maintain continuous operations, and be apolitical, and follow the principle of unified centralized management.
    1. The principle of unified centralized management shall be implemented as follows:
      1. Police organizations and officers shall comply with the decisions of higher-ranking police organizations and officials;
      2. The consequences arising from the proper implementation of the decision in accordance with the law shall be the responsibilities of the higher-ranking police organizations and officials who made the decision;
      3. The police organization and its officers shall be accountable and report to the higher-ranking police organization and officials;
      4. Higher-ranking police organizations and offices shall override, mend or annul any illegal or groundless decisions made by the lower-ranking police organization or official;
      5. The higher-ranking police organizations and officials shall review and resolve the complaints arisen from the actions and decisions of the lower-ranking police organizations and officers.
    1. Decisions of upper level police organizations and officials shall comply with the law.
    2. A police officer shall have the right to refuse to comply with an illegal decision made by an upper level police organization or official, and provide explanation on the noncompliance.
    3. It shall be prohibited for a police organization or officer to perform duties other than the specified in the law.
    4. The police organizations and officers’ core duties shall be determined only by the law.
  2. Article 6. Police system
    1. The police organization shall consist of the National Police Agency, subordinate divisions, units and the police organization in charge of the territories.
    2. The Government shall determine organizational structure and staffing capacity of the National Police Agency.
    3. The divisions and units of the National Police Agency, within the scope of their responsibilities, shall provide adequate management to the police in charge of the territories, and shall report to the Commissioner General of the National Police Agency.
    4. The police organization in charge of the territories shall report to the Commissioner General of the National Police Agency.
    5. The police shall have a unit specialized in investigative and enforcement activities to combat multifaceted transnational organized crime.
    6. The police organization is authorized to have professional units that are specialized in developing intelligence and processing information, research and development, training, weaponry and special purpose equipment, engineering, maintenance, production, finance, procurement, sport and cultural development, information technology, security, and a laboratory to research and set the quality standards for the specialized technology and equipment.
    7. The Government shall set the norms for the procurement of vehicles and special equipment, and staffing for the Police, with consideration of current conditions on crimes, population and traffic density, geographical location, road conditions and other factors.

 

  1. Article 7. Territorial police
    1. The Commissioner General of the National Police Agency shall approve the structure and staffing of the police organization in the territories.
    2. The Chief of the police in charge of a territory shall be appointed and relieved from the duties by the Commissioner General of the National Police Agency in consultation with the Governor of the territory.

 

  1. Article 8. Police flag and emblem
    1. The police shall have a flag and emblem.
    2. The Government shall approve the regulation for using the police emblem, flag design and the flag and emblem.
    3. It is prohibited for citizens and legal entities to use flags and emblems of the same design as the flag and emblem of the police.
  2. Article 9. Police oath
    1. A citizen of Mongolia shall take this oath before entering the police service: “I, the citizen of Mongolia, do solemnly swear that I shall execute my duties in strict compliance with the Constitution of Mongolia, other laws and regulations, following officer’s ethics and discipline, and keeping official secrets confidential, and if required, regardless the danger to my life. I will be held accountable under the law for breaking this oath”.
    2. The Government shall approve the regulations for the initial and the recurring swearing-in ceremonies of police officers.

CHAPTER TWO

FUNCTIONS OF THE POLICE

  1. Article 10 – Combat crime
    1. The police shall exercise the following powers within the scope of its functions to combat crime:
      1. Prevent crime, determine and eliminate the causes and conditions of crime;
      2. Receive, register, capture, and collect information on attempts to commit crime; take measures to stop and prevent further possible damages; and to detect a crime;
      3. Upon receipt of information on the crime, protect the crime scene, inspect; detect, collect and reinforce the evidence; identify, search, and arrest the perpetrator;
      4. Conduct inquiry and investigate crimes under its jurisdiction;
      5. Perform duties in accordance with the rules and regulations specified in the law;
      6. Cooperate with other authorized organizations;
      7. Search and arrest a suspect, accused, defendant, or a person implicated to a crime who has evaded from inquiry, investigation or court;
      8. Protect witnesses and victims in accordance with the Law on Protection of Witnesses and Victims;
      9. Provide the security to courts and judges;
      10. Maintain an integrated database of crimes, violations, and the convicted felons, and to provide reference reports;
      11. Involve and receive support from the research institutions and specialists in the field of combating crime.
    2. The police shall maintain the statistics, establish an integrated information database, use special equipment and tools, employ a covert organization, secret service and auxiliary staff to carry out the functions specified in the Articles 10.1.5 and 10.1.6 of this Law.
  2. Article 11 – Protect public order
    1. The police shall exercise the following powers within the scope of its functions to protect public order:
      1. Receive and register complaints and information on violations, to investigate and resolve violations under the jurisdiction, and to provide information to organizations and employees;
      2. Patrol streets, squares and other public places, to operate permanent and temporary checkpoints and monitor using audio, video, audio-visual recordings, other methods and equipment;
      3. Implement the traffic safety law and regulations;
      4. Organize and prevent minors from getting involved in crime and implement relevant law and regulations;
      5. Implement of the law and regulations on combating domestic violence;
      6. Oversee the activities of contracted and private services and implement relevant law and regulations;
      7. Eliminate the causes and conditions of the detected crimes and violations, and issue mandates and warnings to citizens and legal entities to prevent the reoccurrences, and monitor implementation.
      8. To provide the community police with professional and methodological support.
    2. Information necessary to combat crime, protect public order and ensure public safety can be obtained for a fee.
  3. Article 12 – Provide public safety
    1. The police shall exercise the following authorities within the scope of its functions to provide public safety
      1. Maintain public order and take all necessary measures to provide emergency medical care in the event of public disorder, terrorist attack, declaration of a state of emergency or war;
      2. Under the direction and order by an authorized official, disperse demonstrations and rallies;
      3. Execute and maintain curfew orders in case of natural disasters, catastrophes, accidents and emergencies, and provide assistance to persons whose lives and health are in danger;
      4. Provide protection to the diplomat representative organizations;
      5. Provide temporary protections to properties and freights that are essential to the state, or impose critical direct risk to human life, health, and natural ecological balance, or at risk of criminal attacks.
      6. Perform duties specified in the state special protection legislation;
      7. Provide protection during public events, demonstrations and rallies;
      8. Escort the accused, defendant, and convict from the detention center to the court session and from the court session to the detention center in armor.
    2. The government shall approve the list of critical objects and properties to be taken under the protection of the police.
  4. Article 13 – Provide administrative control
    1. The police shall exercise the following powers within the scope of its functions to provide administrative control:
      1. Implement the law and legislations on importing, storing and usage of firearms and ammunition, and explosive, radioactive, potent poisonous, marijuana drug substances that impose harm to the public and ecological security;
      2. Monitor the implementation of law and regulations governing the ownership, possession, and use of firearms by citizens and legal entities and production, ordering, sale and transportation of firearms and ammunition;
      3. Maintain records and statistics on traffic accidents and damages, drivers who violated traffic rules, and violations;
      4. Assist in research and resolution of children without parental, guardian or custodian supervision;
      5. Search for missing persons, identify unidentified bodies, and properties as empowered by the authorized organization or official;
      6. Maintain records of lost properties and if required to store lost items and identify the legal owner, and in case to unable to identify the legal owner, transfer the lost properties to the relevant state or local authorities;
      7. Issue and register driver’s licenses and international driver’s licenses;
      8. Other functions specified in the law.
    2. The police shall have the rights specified in the Law on State Inspection, and other law and regulations when executing the duties of administrative control specified in the Article 13.1 of this law.
  5. Article 14 – The duties of the National Police Agency
    1. The National Police Agency shall perform the following general functions as an agency:
      1. Develop state policies and proposals on legislations for combating crime, protecting public order and ensuring public safety;
      2. Organize the functions of combating crime, protecting public order and ensuring public safety nationwide, and provide professional and methodological management to the police in charge of relevant departments, units and territories; and conduct complex and comprehensive operations.
      3. Oversee operations of police organizations and officers, take measures to prevent and eliminate of crimes, violations, ethical and disciplinary violations committed by police officers and employees, the causes and conditions thereof, and ensure the internal control and security of the police;
      4. Introduce and implement audio, video, audio-visual recording and other control systems based on new scientific findings, modern techniques, technologies and information networks in the police functions, and organize crime prevention activities.
    2. The National Police Agency shall perform the following functions within the scope of combating crime:
      1. Develop, improve and implement rules, regulations, instructions and recommendations related to identifying, detecting, collecting, reinforcing, and performing comparative analytics on traces and facts from the crime scene,
      2. Develop and implement methodology and policy for conducting inquiry and investigation, and conduct analysis;
      3. Create information database specified in Article 61.1 of this Law and use, conduct research and report results;
      4. Develop intelligence on crime level and public order, and supply the police with necessary information;
      5. Execute duties and responsibilities to the International Criminal Police Organization - Interpol, cooperate with foreign police organizations on matters within its jurisdictions and full right, and supply the police with information provided by these organizations;
      6. Execute functions specified in Articles 10.1, 13.1.4 and 13.1.5 of this Law.
    3. The National Police Agency shall perform the following duties within the scope of its functions to keep public order:
      1. Monitor the operation of rehabilitation and detention centers, and develop, improve and implement related policies, methodologies, action plans, standards, rules, procedures, and recommendations;
      2. Organize the policy and methodology of the community-based policing;
      3. Develop, improve and implement preventative and patrol action plans, standards, rules, procedures, and recommendations based on the statistics and research on crime and violation;
      4. Develop, improve and implement rules, regulations, instructions and recommendations related to the investigation and resolution of violations;
      5. Provide professional support on crime prevention activities organized by local administrative and non-governmental organizations;
      6. Fulfill duties specified in Articles 11.1, 13.1.2, 13.1.3, 13.1.6, 13.1.7 and 13.1.8 of this Law.
    4. The National Police Agency shall perform the following functions within the scope of its functions to provide public safety:
      1. Monitor the activities specified in 12.1 of this Law, and develop, improve and implement related policies, methodologies, operational standards, rules, procedures, and recommendations;
      2. Organize the participation of employees in peacekeeping operations in accordance with the law;
      3. Monitor the execution of functions specified in 13.1.8 of this law.
    5. The National Police Agency shall, within the scope of its functions specified in Article 14.1.3 of this Law, oversee officers and employees’ activities on confidentiality of government, agency and private individuals’ secrecies; detect and prevent violations of relevant regulations, crimes and conduct related research; investigate and resolve complaints and information related to police officers, and provide safety and security.
    6. The National Police Agency shall oversee the operations of all police organizations and officers, and the managing officer shall, within the limits of authority provided, oversee the day-to-day work of the police officers and employees, take measures to prevent and stop violations of the law, ethics, discipline, human rights and freedoms of police officers.
  6. Article 15 - The role of the territorial police
    1. The police in charge of the territory shall perform the following duties:
      1. Perform the duties of the police in the territory in charge;
      2. Organize and coordinate the work of the police;
      3. Cooperate with other policing organizations and provide full support to fulfilling their duties under the law;
      4. Organize the implementation of standards, rules, procedures, instructions and recommendations related to the functions of the police;
      5. Provide safety and security to the officers and employees, and protect their legal interests;
      6. Report to the National Police Agency organization, relevant Citizens' Council and residents;
      7. Support the activities of other law enforcement agencies within the scope of the authorities provided by law.
    2. The head of the police organization in charge of a territory shall report to the government representative committee of aimag and capital city, and the residents; the police organization and officer in charge of the territories shall report to the residents of that territory.
  7. Article 16 – Relations of the government, local governments and governors with the police
    1. The Government shall provide financial, material and technical resources to maintain conditions for a regular functioning police.
    2. The Government shall approve the police development program.
    3. The police shall execute and report result on the duties assigned by the government and member of the government in charge of internal affairs on the matters other than the crime registration, investigation and executive functions within the scope of the law and regulations.
    4. The aimag governors and capital city major, within the authority provided by the law and regulations, shall establish procedures to be adhered in the respective jurisdictions, and assign the duties to execute to the regional police to the extent permitted by the law.
    5. The Government and local self-governing bodies shall exercise the rights and privileges provided by this Law and other regulations on the relations with the police.
    6. The Governor shall to provide the Chief of Police in charge of the respective territory with housing accommodation.
  8. Article 17 – Police training institution
    1. A training center for professional training, retraining and mandatory training of police officers can be established in the each aimag and the capital city.
    2. The procedure for conducting professional training, retraining and mandatory training shall be approved by the Commissioner General of the National Police Agency.
    3. The training center specified in the Article 17.1 of this Law can organize the service dog training, and the contracted security service training specified in the Article 10.4 of the Law on Firearms, for a fee.
    4. The tuition fee for the training specified in the Article 17.3 of this Law shall be determined jointly with the government member in charge of internal affairs and finance.
  9. Article 18 – Police research center
    1. The Police Research Center shall be responsible for funding, conducting research and analysis, and developing proposals in the following areas:
      1. To improve standards, rules, regulations and procedures to execute the police functions;
      2. To improve methods and tactics for detecting, capturing and strengthening traces of crimes and violations, proving crimes and violations, conducting inquiry, investigation and enforcement activities;
      3. To prevent traffic accidents, crimes, and protect minors from crime;
      4. To perform analysis in the field of policy development and analysis of combating crime, maintaining public order and ensuring public safety, and equip police with information
      5. Other functions assigned by the Commissioner General of the National Police Agency.
    2. The Commissioner General of the National Police Agency shall determine the rules, structure and staffing capacity of the Police Research Center.
  10. Article 19 – Location of the police
    1. The Commissioner General of the National Police Agency shall determine the location and building standards of police organizations, departments and units other than the National Police Agency.

 

CHAPTER THREE

POLICE AGENCY MANAGEMENT AND ITS ADMINISTRATIVE POWERS

  1. Article 20 – Police management
    1. A citizen of Mongolia with at least 20-years work experience in police force, who is a legal profession with managerial and professional experience, and who has not held any political position shall be nominated by the government cabinet member in charge of internal affairs; appointed to and discharged to the position by the Government
    2. The Commissioner General of the National Police Agency shall organize and manage the police nationwide and shall be responsible and report to the government cabinet member in charge of internal affairs and.
    3. The National Police Agency shall have a First Deputy Chief and two Deputy Chiefs.
    4. A Mongolian citizen with at least 15-years work experience in police force, who is a legal profession with experience in securing public order, executive and investigative practices, and who has not held any political position shall be appointed to and discharged from the first deputy chief and deputy chief positions specified in 20.3 of this Law by the government cabinet member in charge of internal affairs.
  2. Article 21 – Powers of the Commissioner General of the National Police Agency
    1. The Commissioner General of the National Police Agency shall exercise the following powers in addition to those specified in Article 8.3 of the Law on the Legal Status of Government Agencies:
      1. Organize the operations of the police nationwide and provide them with administrative and professional management.
      2. Implement the legislation related to the functions of the police;
      3. Approve and implement the rules and regulations related to the police internal affairs, rules on the policing, patrolling and guards, and other rules, regulations and guidelines to be followed in the activities of the police in accordance with the law and legislation;
      4. Provide management and organization for combating crime and violations;
      5. Determine the jurisdiction and functions of the police organization and unit to investigate crimes and violations;
      6. Make a decision to commence or terminate the police high level readiness status;
      7. Represent the police on the relation with the domestic and foreign organizations;
      8. Develop and implement policies on police facilities, vehicles, weapons, equipment, special tools, clothing and other supplies;
      9. Protect the security, rights and legal interests of police officers and employees;
      10. Develop and implement policies and plans on combating crime, protecting public order and ensuring public safety;
      11. Develop human resource policy, train employees, take measures to improve knowledge and skills, and award qualifications;
      12. Grant, restore, lower and confiscate ranks other than the highest rank of the police;
      13. Organize the introduction of finding of new scientific, modern techniques, information technologies in the police operations;
      14. Establish and dissolve covert organization, make decisions on employment and discharge of an undercover officer, and to oversee operations;
      15. Prepare budget of the police, and have it reviewed by the Special Controls Sub-Committee of the State Great Hural, and administer the approved budget;
      16. Determine the structure of duties and responsibilities of the police organizations and officers, and delegate certain duties and responsibilities to be performed by the National Police Agency organization, its subordinate service, unit and its officers;
      17. Others functions specified under the law.
    2. The structure and staffing of the units specified in Articles 6.5, 6.6 and 17.1 of this Law shall be determined by the Commissioner General of the National Police Agency.
    3. The Commissioner General of the National Police Agency is authorized to assign the power to appoint and dismiss officers and staff; to award, restore, lower, confiscate police minor ranks; to execute ethical and disciplinary sanctions, to represent the police, and to administer the budget and resources to the head of police organization and units in charge of the territories and officials specified under Article 20.3 of this law; and such assignment shall not serve as a ground for release from the responsibilities.

 

CHAPTER FOUR

PROCEDURES FOR CONDUCT OF ACTIVITIES OF THE POLICE AND POLICE OFFICERS

  1. Article 22 – Police and police officers’ procedures for certain activities
    1. The Police and police officers shall strictly adhere to the rule of law, respect and protect human dignity and maintain and uphold the human rights of all persons. The Police and police officers shall not unlawfully discriminate on the basis of ethnicity, language, race, age, sex, social origin, status, wealth, occupation, professional status, religion and ideology, and education.
    2. No person shall be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established by law. Anyone who is arrested shall be informed, at the time of the arrest, of the reasons for his or her arrest. Anyone who is arrested shall be promptly informed of any charges against him or her. All arrested or detained persons shall have access to a lawyer or other legal representative and adequate opportunity to communicate with that representative.
    3. The Police and police officers shall notify the detainee’s or arrestee’s family member or relative who has reached the age of 18.
    4. A police officer is prohibited to torture, to treat in an inhuman or degrading or cruel manner, or to subject to unlawful attacks or insults on person’s dignity
    5. A police officer shall be obliged to carry his / her duties with respect towards others, shall not use abusive language and acts that ignore, threaten or insult others, and to express his / her order in a clear and understandable manner.
    6. A police officer while on his / her duties shall state his / her name, position, rank, and present his / her police ID card upon request.
    7. A police officer, while performing his / her duties, may install and use audio/video recording equipment in the office room, auto vehicles and on his / her uniform to ensure the safety of himself / herself and others and to protect human dignity and maintain and uphold the human rights of all persons.
    8. A police officer shall at all times fulfill the duty imposed in this law in accordance with the grounds and procedures specified in this law.
    9. The scope of each action of a police officer shall be limited on the grounds specified in the law to implement the action.
    10. A police officer with reasonable ground of suspicion that has not been confirmed/verified in the course of the investigative proceedings specified in the law shall not be a ground for imposing liability on the police officer.
  2. Article 23 – Policing Requirements
    1. A police officer or community policeman may require a person or legal entity to abstain from certain actions or to take certain actions in order to prevent or suppress crimes and violations and to decrease possible damages.
    2. A police officer may require a person to leave a public space within the specified timeframe if a person has violated public order or under the influence of alcohol or drugs.
    3. A police officer or community policeman may require a person to remain at a specific location or place or may require to move to another location or place to secure the crime scene intact and violations; to protect the lives, health and property of others; to ensure regular operation of legal entities; and to remove obstacles from the pedestrian or road traffic.
    4. A police officer may require a person to provide documents and materials, other than those required by law, in order to review and resolve complaints and information on crimes and violations.
    5. A police officer or community policeman may require to inform a group of two or more people as one and shall not be obligated to inform each person within the group.
    6. A person or legal entity shall comply with the requirements of the police officer.
    7. Enforced compliance shall be required in an event of failure or resistance to comply with the requirements set by the police officer or community policeman or obstruction of police legal activities set in accordance with the law. The guilty party shall be held liable in accordance with the law.

Article 24 – Information collection

  1. A police officer shall obtain an explanation from a person if there are sufficient/reasonable grounds to believe that he / she may provide information relevant to the resolution of a crime or violation.
  2. A police officer may summon a person or representative of a person or legal entity to the police station for the purpose of obtaining an explanation when investigating and verifying information on crimes or violations.

 

  1. Article 25 – Document examination
    1. A police officer or community policeman shall investigate/examine documents to verify person’s name, address and permission to engage in certain activities in the following cases:
      1. Reasonable grounds for suspicion that he / she was present at or near the place at the time of the crime or violation, or that he / she may provide information relevant to the detection of the crime or violation;
      2. Reasonable grounds for suspicion that he / she has committed, attempted to commit a crime or violation, or is planning to commit a crime or violation;
      3. To remove or allow entrance and exit of vehicles and people from the protected zone where the crime or violation was committed;
      4. Reasonable grounds for suspicion that the person whose rights have been restricted or coercive measures have been taken that has violated his / her obligations;
      5. An authorized official has ordered to forcibly return (ordered to be deported) the wanted suspect, accused, defendant, or convict suspected of committing a crime or violation;
      6. To record a registry list of a person who entered the protected zone in accordance with the law;
      7. To determine the name and address of a person who is under the influence of alcohol, drugs or psychotropic substances, or who has become incapable of directing his / her actions due to exposure to toxic chemicals;
      8. To determine the name and address of the person arrested on a spot while committing a crime or violation;
      9. To check/verify the driver's license and permit of the person driving the auto vehicle when the vehicle is temporarily stopped in accordance with the procedures specified in the law;
      10. To determine whether the age limit specified in the law has been reached.
    2. A police officer or community policeman shall take appropriate action for document/material inspection of a person, may insist on removing or not cover anything that obstruct his / her face or other visible parts of the body, check his / her name, address, permission and registration documents in order to determine if they were used during, or obtained while or wanted for committing a crime or violation.
    3. A police officer or community policeman shall stop a person at a distance of one or two steps when examining his / her documents, place his / her hands in a visible position until the end of the operation, prohibit him / her from leaving the place or require to go to the appropriate authorized organizations for inspection.
    4. A police officer or community policeman shall request and a person shall provide his / her documents, state his /her parent’s names as well as his / her name and date of birth for verification purposes.
    5. A police officer or community policeman who has checked a person's documents shall carry out the following actions:
      1. Transfer to a medical institution if a person has attempted suicide, has a mental illness that may endanger himself / herself or the society, or has escaped from a psychiatric hospital;
      2. Transfer to a police station if a person has escaped or is wanted, or has a reasonable ground for suspicion or evidence that he/ she has committed a crime;
      3. Transfer to an appropriate authorized organization/agency, parents, legal guardian or custodian if an unsupervised person whose resident address, parents, guardian or custodian are unknown; or if a minor is accompanied by a person who is unable to control his / her actions due to influence of alcohol or drugs; or if a person has no legal capacity.
      4. Transfer to the relevant authorized organization/agency, in accordance with the procedures set forth in the law, if a person has lost the ability to control his / her actions due to the use of alcohol, drugs or psychotropic substances; or there is a reasonable ground for suspicion that he / she has committed a crime or violation; or a person who has abused alcohol shall be forced/mandated for rehabilitation;
      5. Detain a person temporarily, for the purpose of determining name and address and investigating and resolving the violation, if the name and address of the person who committed the violation is unknown; 
      6. Arrest, hand over/transfer to the relevant authorized organization /agency or an authorized official has ordered to forcibly return (ordered to be extradited) the wanted suspect, accused, defendant, or convict suspected of committing a crime or violation;
      7. Conduct and resolve an investigation at the scene of crime or violation or transfer the case investigation to the authorized organization/agency.
      8. Report to the police when a conflict cannot be resolved promptly at the scene or it is not possible to establish other grounds for the examination of person’s documents or cannot be verified at the scene of the violation.
    6. A police officer may personally examine a person's documents.
    7. A police officer shall carry out the necessary actions specified in Articles 24, 26, 29 and 30 of this law if the following reasonable ground for suspicions are discovered during the examination of a person's documents:
      1. Committed a crime or violation, attempted or premeditated to commit a crime;
      2. An authorized official has ordered to forcibly return (ordered to be extradited) the wanted suspect, accused, defendant, or convict suspected of committing a crime or violation;
      3. Alleged use of narcotic drugs or psychotropic substances;
      4. To carry, transfer or sell items that cause direct harm to human life or health, or items that are restricted, prohibited or illegally obtained by law;
      5. Documents and items used for committing a crime or violation, or obtained by committing a crime, or wanted by police.
  2. Article 26 – Temporary detention
    1. A police officer may detain a person for up to 6 hours in order to verify/clarify the name and address of a person suspected of committing a crime or violation, to investigate in connection with a crime or violation, and to determine whether there are grounds for detention.
    2. The period specified in 26.1 of this law shall be calculated from the moment of delivery to the temporary detention facility.
    3. A police officer shall record and inform detainee’s family member or relative who has reached the age of 18 or his/ her defense counsel.
    4. Article 26.3 of this law does not apply to convict, suspect, accused or defendant who has escaped from a detention center, hospital or prison.
    5. Detainee shall be released immediately if the grounds for temporary detention have been removed/cleared.
    6. The member of the Government in charge of Internal Affairs shall approve the regime and procedure of the detention center in consultation with the General Prosecutor.
  3. Article 27 – Document verification of legal entity
    1. A police officer shall check/verify the registration of a legal entity, permission to conduct operation and other relevant documents in the following cases:
      1. Reasonable ground for suspicion of operating activities in violation of the law;
      2. Received complaints and information of conducting activities in violation of the law.
    2. To verify the legitimacy of the document, obtain a copy of the document or confiscate temporarily the original document for up to 72 hours if a copy is not available.
    3. A police officer may personally inspect documents of a legal entity.
    4. A police officer shall carry out the actions specified in this law if the following circumstances are revealed during the inspection of documents of a legal entity:
      1. A wanted suspect, accused, defendant, convict, a person suspected of committing a crime or violation, or who has been ordered to be deported/extradited by a decision of an authorized official is located on the  premises, warehouse or land/property of the legal entity;
      2. Illegal storage, production or sale of items that cause direct harm to human life or health, or items that are restricted or prohibited by law;
      3. To conduct activities/operation in violation of the law.
  4. Article 28 – Access to homes/properties and other places
    1. A police officer shall have the right to enter person’s apartment/home, auto vehicle, workplace, warehouse/storage and land possession to obtain relevant documents and information when investigating crimes, violations, complaints and/or information under their jurisdiction.
    2. A police officer shall be prohibited to enter another person's apartment/home without a permission/consent of an owner or resident except for the following instances:
      1. Reasonable ground for suspicion that a crime may have been committed or crime could have been prevented/stopped, or to pursue and arrest a person that has committed a crime;
      2. There is an immediate danger of serious damage to human life, health and property;
      3. To pursue and arrest the wanted person, fugitive suspect, accused, defendant, convict or prisoner;
      4. There is an immediate danger that the suspect will flee, the traces of the crime and physical evidence will be destroyed or lost.
    3. A police officer must obtain the permission/consent of an owner or resident when entering another person's apartment except as provided in Article 28.2 of this law
    4. It shall be a ground to enter another person’s apartment/house specified in this law if a co-owner or co-resident of that apartment/house has given a consent for entry.
    5. It shall not be considered as a violation of Article 28.2 of this law, if it was impossible to verify/confirm that the person who gave the consent to enter an apartment/house was not an owner or resident.
    6. The creation of the conditions specified in Article 28.2.4 of this law due to the intentional actions of a police officer shall not be a ground for entering another person’s apartment/house without the permission/consent of the owner or resident.
    7. A police officer shall use safe methods and reliable means to protect human life, health, property and shall respect human dignity when entering an apartment/house or other places.
    8. If an owner or resident obstructs the access to enter, demand an end to the protests. Failure to comply will result in a warning of coercive measures/
    9. A police officer shall comply with Articles 22.2 and 22.6 of this law when entering an apartment/house or other places, and in cases specified in 28.2 of this law, the right to enter an apartment/house or other places may not apply to Articles 22.2, 22.6 and 28.8 of this law.
    10. Barriers to entry shall be removed by breaking objects, locks or latches, demolishing parts of establishment, disarming alarm or control systems, disconnecting electricity power, and using techniques and methods of taming dogs and other animals.
    11. The owner or resident of an apartment/house or other places shall be notified immediately if an entrance to his / her property occurred in his / her absence. If immediate notification was not completed, it must be completed within 24 hours.
    12. In accordance with Article 28.11 of this law, if it is not possible to notify the owner or resident then the governor of the team or khoroo of his / her jurisdiction shall be notified.
    13. Measures specified in 28.10 of this law have been implemented or an entrance to his / her property occurred in his / her absence, the restoration of damages to the property and temporary protection shall be completed.
  5. Article 29 – Inspection
    1. A police officer shall inspect a person's body and/or auto vehicle if there is a reasonable ground for suspicion specified in this law.
    2. Inspections shall be conducted with the grounds and procedures set forth in this law by examining the outside, completing pad-down search, using special tools, and/or exposing hidden objects.
    3. Objects and/or vehicles obstructing the inspection may be relocated.
    4. The owner shall be involved in the inspection of his / her belongings, items, documents, luggage, livestock, animals and vehicles. If it is not possible to involve the owner, an independent witness shall be present or confirmed by audio-visual recordings.
    5. The owner shall be notified immediately if the inspection was carried out in the absence of the owner. If it is not possible to notify the owner, the governor of the team or khoroo of his / her jurisdiction shall be notified.
    6. Evidence discovered during the inspection shall be modelled, sampled, sealed and collected if legal grounds set forth in this law have been established.
    7. Inspect the auto vehicle and if necessary, dissemble auto parts.
    8. During the examination of a person's body, the clothes worn and the items carried with him / her shall be examined together.
    9. If it is necessary to complete a full strip search of a person during an inspection, the examination shall be performed by an authorized official of the same sex. If necessary, a doctor or nurse may be involved.
    10. Naked inspections shall be carried out in an environment that meets hygiene and safety requirements and is isolated from others.
    11. It shall be prohibited to have a person other than those specified in 29.9 of this law to be present during the naked examination.
    12. The Police and police officers shall inspect a person and his / her belonging in person or using special equipment when protecting critical objects or monitoring public events in order to determine whether there are any items that are prohibited or illegal.
    13. A police officer, unless it contradicts the purpose of the inspection, shall ask the owner of the item or auto vehicle to show and disclose the necessary items carried in his / her body and auto vehicle. If necessary, police officer shall perform the inspection/search in person.
    14. Inspection shall be deemed incomplete if a police officer inspects the using service dogs and other special techniques without removing/relocating items and exposing hidden objects/items for the purposes of determining whether the location of a person, auto vehicle or legal entity contains items prohibited by law.
    15. A police officer shall search/inspect a person or auto vehicle during an arrest or detention to collect, identify and corroborate evidences as well as to prevent harm to life and health of a person and a police officer.
    16. It shall be prohibited to inspect information storage devices such as a mobile phones or electronic devices without the prosecutor's permission during an inspection/search of a person’s body or belongings.
  6. Article 30 – Temporary confiscation of items and documents
    1. A police officer may temporarily confiscate mobile communication devices, other necessary items, vehicles, electronic devices and documents while performing his / her official duties without court permission.
    2. A person shall be given the opportunity to voluntarily hand over the items and documents and indicate their location before the confiscation process begins.
    3. A police officer shall make a list indicating the type, nature and quantity of the confiscated items.
    4. The list, as specified in the Article 30.3 of this law, shall be certified by a signature or fingerprint of the person present at the confiscation operation and a copy of the list shall be provided to the owner of the confiscated items or his / her lawyer.
    5. The owner shall be present in the confiscation operation of the items, documents, luggage, livestock, animal and auto vehicle. If the owner unable to be present, an independent witness shall be present and confirmed by audio-visual recording.
    6. The following procedure shall be followed in the case of seizure of the premises held by a diplomatic mission, the residence of the employee of the diplomatic mission or his / her family member:
      1. At the request and with the consent of an authorized official of a diplomatic mission, or a diplomatic representative who owns the property or land, or his / her family member;
      2. The request, as specified in the Article 30.6.1 of this law, shall be issued by the state central administrative body in charge of foreign affairs of Mongolia;
      3. The prosecutor and a representative of the state central administrative body in charge of foreign affairs of Mongolia shall be present and accompanied.
  7. Article 31 – Stop and search/inspect auto vehicle
    1. A police officer shall stop and search/inspect a vehicle in the following cases:
      1. The driver violated the traffic safety law and traffic rules or caused a traffic accident;
      2. Participated in traffic with vehicle that does not meet the standard requirements and may endanger traffic;
      3. The driver's driving condition may endanger the life, health and property of others;
      4. Violation of the rules for the use of special sound and light signals;
      5. Reasonable grounds for suspicion that the vehicle is wanted, or the vehicle was used to commit a crime or violation, or it is transporting illegal or restricted items;
      6. Reasonable grounds for suspicion that a driver or passenger in the auto vehicle is a wanted suspect, accused, defendant, or convict suspected of committing a crime or violation or has been ordered to be extradited/deported by an order of an authorized official;
      7. Reasonable grounds for suspicion that the driver is under the influence of alcohol, drugs or psychotropic substances;
      8. Reasonable grounds for suspicion that an illegal transportation of items that may cause direct harm to human life and health, or the driver or passenger is carrying/transporting such items;
      9. Reasonable grounds exist that the driver of the vehicle can provide significant information about a traffic accident;
      10. Restrict or prohibit the movement of vehicles in certain areas and zones by the order of an authorized organization or official;
      11. By the decision of the Commissioner General of the National Police Agency, the purpose of the joint and partial measures is aimed at detecting certain types of violations, identifying dangerous criminals, wanted persons and items.
    2. A police officer shall give a clear signal to the driver to stop the vehicle.
    3. A police officer may stop and inspect a vehicle on any of the grounds specified in the Article 31.1 of this law. A police officer shall check/verify driver's license, vehicle certificate and other relevant documents, only in the manner necessary to inspect/verify and determine the grounds.
    4. A police officer shall carry out the actions specified in the Articles 25, 32, 33 and 34 of this law if reasonable grounds for suspicion exists during stop and inspect of a vehicle:
      1. Reasonable grounds for suspicion that the vehicle is wanted, or the vehicle was used to commit a crime or violation, or it is transporting illegal or restricted items;
      2. Reasonable grounds for suspicion that a passenger in the auto vehicle is a wanted suspect, accused, defendant, or convict suspected of committing a crime or violation or has been ordered to be extradited/deported by an order of an authorized official;
      3. Reasonable grounds for suspicion that a driver is under the influence of alcohol, drugs or psychotropic substances;
      4. Reasonable grounds for suspicion that an illegal transportation of items that may cause direct harm to human life and health, or the driver or passenger is carrying/transporting such items.
    5. A police officer shall stop and inspect a vehicle on the grounds specified in the Articles 31.1.5, 31.1.6, 31.1.7 and 31.1.8 of this law. The scope of inspection of a vehicle shall be limited to the inspection of persons, his /her belongings, storage containers, and items that are prohibited by law and may be concealed.
    6. A police officer shall apply coercive measures specified in the law if the driver fails to comply with stop signal order or resists/objects with inspection requirements.
    7. A passenger shall not be deemed as detainee if a police officer did not require the passenger to remain at the scene when the vehicle was stopped and inspected in accordance with this law or failed to perform the actions specified in this law.
    8. A police officer shall detain the driver and passenger or transfer them to the appropriate authority if it is not clear who is carrying/transporting the prohibited items found in the vehicle during the inspection.
  8. Article 32 – Alcohol and drug abuse check
    1. Reasonable ground for suspicion that a person has committed a crime or violation, the police officer shall check if a person is under the influence of alcohol and/or drugs in the following ways:
      1. To check the mental state through dialogue, changes in speech and dilated eye pupil;
      2. To walk in a straight line and check if he / she keeps balance and this test shall be completed with the consent of a person;
      3. To check using specialized equipment.
    2. A sample shall be taken from a person for analysis purposes, if deemed necessary, in the event of a refusal to test in accordance with the Article 32.1 of this law.
    3. A police officer shall take the following measures if a driver is under the influence of alcohol or drugs:
      1. To detain and inspect a vehicle in order to document the integrity of the vehicle and to confirm the traces of drugs and psychotropic substances;
      2. To send to rehabilitation center, detain or arrest if there are grounds provided by law;
      3. To temporarily confiscate driver's license and vehicle certificate;
      4. To relocate a vehicle or restrict its movement.
  9. Article 33 – Restriction and suspension of vehicle traffic
    1. A police officer may restrict the movement of a vehicle or detain a vehicle in the following cases:
      1. The vehicle is wanted;
      2. Driver is being investigated in connection with a crime or violation;
      3. Driver who has a license that does not meet the classification criteria or does not have a driver license;
      4. Has a license plate and registration violation, is not covered by technical diagnosis and driver's liability insurance;
      5. The vehicle does not meet the standard requirements and may endanger traffic;
      6. The vehicle was used to commit a crime and contains evidence of a crime;
      7. It is necessary to check and determine the technical condition of the vehicle involved in the traffic accident;
      8. To ensure security and protection of of high-ranking guests and delegates during a public event.
    2. Impound/deliver the detained vehicle to a designated area in accordance with the law or restrict vehicle movement in other ways.
  10. Article 34 – Transportation of vehicles
    1. A police officer shall move a vehicle in the following cases:
      1. Parked in a place where temporary or long-term parking is prohibited by traffic rules, except in cases of unavoidable stopps;
      2. If necessary, in the case specified in 33.1.3 of this law.
    2. Transport vehicles to the nearest parking lot using designated equipment or to the parking area as specified in the Article 33.2 of this law.
  11. Article 35 – Traffic restriction
    1. A police officer shall restrict the movement of people and vehicles in a certain area in the following cases:
      1. Protection zones have been established for critical facilities, dangerous areas, quarantine and hotspots;
      2. To prevent and suppress public disorder, to forcibly disperse demonstrations and rallies;
      3. To arrest and pursue the wanted person;
      4. To inspect the crime scene;
      5. To check information related to terrorism and explosions, toxic and hazardous chemicals;
      6. Established a state special protection zone.
    2. A police officer may restrict traffic in person or by placing strips or barriers.
    3. In the event of a traffic restriction, all possible measures will be taken to ensure the normal living conditions of the residents and the citizens will be informed about the changes of traffic routes.
  12. Article 36 – Road clearance, temporary traffic rerouting and closure
    1. A police officer may take measures to clear the road, temporarily change and/or close the direction and flow of traffic in the following cases:
      1. To inspect the crime scene;
      2. To perform duties in accordance with the state special protection law;
      3. To carry out activities specified in Articles 33 and 34 of this law;
      4. Others specified in the law.
    2. A police officer shall regulate the movement of pedestrians and vehicles and take necessary measures to normalize the traffic if the decision to change or block the flow and/or direction of traffic has been revoked.
  13. Article 37 – Conducting a personal research/investigation
    1. A police officer may, within the scope of his / her legal duties, conduct a personal survey/investigation to gather information about crime in order to study the criminal law and civil order situation in a particular areas and public places.
  14. Article 38 – Investigation
    1. The police shall conduct search/wanted investigation of people and/or items in accordance with court decisions, instructions of prosecutors, inquiry officers and investigators or on its own initiative:
      1. A person suspected of committing a crime or violation, or a fugitive suspect, accused, defendant, convict, or person with pending sentencing who has been subjected to coercive measures;
      2. A person who has been abducted or taken hostage;
      3. To identify an unidentified body;
      4. A person who has disappeared from his / her place of residence;
      5. A missing person;
      6. A mentally ill person who escaped from the hospital;
      7. Other persons ordered by the court;
      8. Lost firearms, ammunition, explosives, drugs, poisonous substances, vehicles, livestock, animals, historical and cultural monuments, valuables and other items;
      9. Lost vehicle or fled the scene of traffic accident.
    2. For search/wanted investigation the following information shall be used to provide grounds for investigation: family name, parent's name, his / her name, sex, date of birth, place of birth, legal residency registration/district, photo, height, weight, distinctive marks/features. Information that is not prohibited by the law of personal confidentiality shall be disclosed to the public.
    3. In order to prevent harm to human life, health/public safety and damages to legitimate interests, information from confidential medical record such as deformity and/or infectious diseases related to the suspect, accused defendant, convict, a person suspected of terrorism, human trafficking, murder, corruption, child abuse, domestic violence and/or organized crime shall be disclosed to the public in accordance with the law.
    4. During the search/wanted investigation, access/entrance to the premises and other places shall be granted with the permission of the court.

 

  1. Article 39 – Obtain information for a fee
    1. The police may announce the following information to the public for a fee:
      1. Information about plans or attempts to commit a crime or committed crime;
      2. Information about the wanted person, items/belongings, vehicle and documents
    2. Information is not announced for a fee, but the request has been made by an individual or legal entity, the head of the police organization shall decide whether to receive the information for a fee.
    3. The Cabinet member in charge of internal affairs, finance and budget shall jointly approve the information payment valuation standards.
    4. Measures shall be taken to ensure the safety of the informant, if necessary.

 

  1. Article 40 – Measures to take in times of public disorder
    1. A police officer shall demand from an organizer to stop or disperse a public event if the purpose of the public event has changed or breach of public order has occurred.
    2. The police shall take the following measures in order to prevent public disorder, protect public order and ensure public safety:
      1. Increased protection of state special protected zones and critical national facilities and to protect trains, airports, gas stations, banks and other objects, if necessary;
      2. Take control of firearms, toxic and dangerous chemicals and military equipment illegally possessed by individuals and legal entities;
      3. Prohibit the sale, serving and consumption of alcoholic beverages;
      4. Temporarily prohibit the sale of hunting rifles, ammunition, explosives, explosive devices and transportation of dangerous goods;
      5. Restrict, change or relocate the movement of people and vehicles;
      6. Arrest, forcibly disperse, confiscate weapons and equipment of a person who threatened to use force, destroyed or damaged property, group violence, incites, engages or participates in such acts;
      7. Inspect the body, vehicle and belonging of a person who is illegally carrying, storing or may use weapons and other items that may cause harm to human life and health.
    3. The organizer of public event shall be responsible for maintaining public order and safety.
    4. In the event that the police are unable to deal with the disruption of public order during public event, the operational headquarter shall be established in accordance with the law on combating terrorism.

 

  1. Article 41 – Prohibition of sale and serving of alcohol
    1. The head of the territorial police organization shall make a decision to prohibit the sale or serving of alcohol in the following cases:
      1. There is a public disorder near the place or there are grounds to do so;
      2. If it is deemed necessary to control public disorder.
    2. The decision to prohibit as specified in the Article 41.1 of this law, shall be valid until the public disorder is brought under control.
    3. A police officer shall take measures to temporarily close the place or suspend its operation or remove alcohol from the designated area in accordance with the decision specified in te Article 41.1 of this aw.
    4. A person or legal entity shall to comply with the decision specified in the Article 41.3 of this law.
    5. The official who made the decision shall revoke the decision and notify the person or legal entity If the grounds specified in the Article 41.1 of this law are invalid.

 

  1. Article 42 – Prohibit the use of alcohol
    1. The police shall make a decision to prohibit the consumption or carrying of alcohol in certain public areas, if the grounds specified in the Article 40.1 of this law have emerged.
    2. The decision specified in the Article 42.1 of this law shall be valid until the public disorder is brought under control.
    3. In case of violation of the decision specified in 42.1 of this Law, alcohol shall be confiscated and the person shall be deported from the designated area.
  2. Article 43 – Dispersal of a group of people
    1. A police officer shall demand an immediate dispersal of a group of people in a designated area in order to prevent or control public disorder.
    2. The demand shall be repeated at least twice so that it can be heard by the majority of the group of people as specified in the Article 43.1 of this law.
  3. Article 44 – Forced dispersal of demonstrations and rallies
    1. Before forcibly dispersing a demonstration or assembly, the police shall notify the participants using all types of communication and media and provide information in advance of the action to be taken in case of non-compliance or protest against the Governor's decision to forcibly dissolve the demonstration or assembly.
    2. Compulsory measures may be applied in accordance with the grounds and procedures set forth in this law when carrying out forced dispersal.
    3. The process of compulsory dispersal shall be documented by photographs and audio-visual recordings.
  4. Article 45 – Enforcement during disaster and quarantine
    1. The police shall exercise monitor in the following forms in order to protect public order and prevent crimes and violations within the framework of disaster and quarantine regime:
      1. Do not allow people, livestock, animals and vehicles to pass through the permitted points and lanes;
      2. Do not allow movement of people, livestock, animals and vehicles without the permission of professionals and authorized organizations;
      3. Control the movement of state highway and railway vehicles passing through the territory and allow pass on the basis of access permit, disinfection and sterilization documents;
      4. Prevent organizing public events, formation of human, livestock and animal cluster;
      5. To maintain order at checkpoints and decontamination points for passengers and vehicles;
      6. Take measures to protect public order and prevent crimes and violations.
    2. The police may apply coercive measures in accordance with the grounds and procedures set forth in this law when exercising control specified in the Article 45.1 of this law.
  5. Article 46 – Ending Domestic Violence
    1. A police officer may break into other people's homes in order to stop domestic violence and carry out the following actions:
      1. Check the safety of the victim and his / her family members; assess the degree of danger in accordance with the procedures set forth in the law on combating domestic violence; transport the victim to a temporary shelter, one-stop service center or hospital; give temporary protection to his / her relatives, if possible;
      2. Demand that the perpetrator stop committing violence and consuming alcohol;
      3. Notify the relevant social worker regardless of whether the victim has given permission in cases if the child has been abused or there is a high degree of danger;
      4. Explain to victims their rights and responsibilities specified in the law and to provide written information on services to be provided to them;
      5. Arrest the perpetrator, if necessary;
      6. Confiscate weapons and other weapon-like items.
    2. If necessary, a police officer shall take measures specified in the law on protection of witnesses and victims in order to protect the life, health and safety of witnesses, victims, informants, other family members and persons who provided assistance to victims.
    3. If the perpetrator refuses or resists to comply with the requirements set forth in the Article 46.1.2 of this law, coercive measures shall be taken in accordance with the law.
    4. A police officer shall assist the victim specified in the Article 46.1.1 of this law to remove from his / her apartment the necessary consumables such as clothes, medicines, medical supplies, documents, children's training aids and shall demand from the perpetrator.
    5. If a child has been abused by his / her parents, guardians or custodians, measures shall be taken to protect the life, health and safety of the child, regardless of their views:
      1. Committed or may commit violence in a manner endangering the life and health of a child;
      2. Child has been taken hostage or may be taken hostage;
      3. Child has been used or potentially used for profit; took advantage of a child's vulnerability to make a decision that is beneficial to the perpetrator;
      4. Child has been or may be subjected to fear or emotional distress;
      5. The perpetrator is intoxicated, intoxicated, or regularly consumes alcohol, drugs, or psychotropic substances.
    6. The protection measures specified in the Article 46.5 of this law shall be implemented in the following ways:
      1. To hand over to a person or family who can provide protection;
      2. To deliver to a one-stop service center, temporary shelter, or care and welfare service organization.
    7. If the child is handed over to the person specified in the Article 46.6.1 of this law, he / she shall be reminded of his / her rights and obligations and confirmed in writing. If the victim's child is seven years old or older, his or her views will be taken into account when selecting a person or family to be protected.

 

CHAPTER FIVE

USE OF COERCIVE MEASURES

  1.  Article 47 – Use of coercive measures
    1. A police officer may use physical force, special equipment, techniques, and firearms to affect single and multiple individuals in accordance with the grounds and procedures established under this Law.
    2. The Chief of National Police Agency shall approve procedures on registration, issuance, removal and storage of special equipment, tools, firearms and ammunition to be used by a police officer.
    3. The Government cabinet member in charge of internal affairs shall approve procedures on use of physical force, special equipment, techniques, and firearms by the police officers and the training thereof.
    4. The Government cabinet member in charge of internal affairs shall approve guidelines on the use of physical force, special means and firearms by police officers in cooperation with the Prosecutor General.
  2. Article 48 – General requirement on use of coercive measures
    1. Police officers shall adhere to following requirements when using coercive measures:
      1. Use only on the grounds and procedures specified under the law
      2. Not to use as initial measure or as a matter of priority
      3. Use proportionately according to the circumstances and to cause least harm
    2. It shall be prohibited to use coercive measures for the purpose to insult, torture and punish.
    3. A police officer shall use special equipment, firearms, ammunition and other tools obtained and registered for official use under the decision of the Commissioner General of the National Police Agency.
    4. A police organization or officer shall not be liable for the consequences arising from the use of physical force, special equipment, or firearms in accordance with the grounds and procedures provided by law.
    5. In a case of a police officer has caused damage to human life or health during the use of physical force or special equipment, the police officer shall notify the medical institution immediately, provide emergency medical care, and inform immediate superior officer, and the superior officer shall notify the procurator immediately.
    6. Police officers shall provide adequate time to warn and comply with legal requirements when using coercive measures except allowed by law to use it without delay.
  3. Article 49 – Use of physical force
    1. Police officers shall use physical force under the following circumstances:
      1. Failure to comply with the legal requirements of a police officer or protest
      2. Protested during an arrest or execution of forcible admittance to a medical institutions or other authorities.
      3. Permitted to use specified special equipment or fire arms allowed under this law.
    2. Except following circumstances, the use of physical force is prohibited to use against children, pregnant woman, person with a disability or a person with a clearly identifiable injury.
      1. Assaulted in a manner that may cause harm to life and health of a police officer or others
      2. Potential to commit suicide or harm self health and well-being
      3. May cause serious damage to others’ property.
  4. Article 50 – Types of special equipment
    1. The police organization and officers shall use the following types special equipment:
      1. Personal
      2. Impactful to a mass
      3. Others
    2. Helicopters, special purpose armored personnel carriers, amphibious vehicles, vehicles equipment with special instruments, vehicle stoppers, destroyer, fire equipment, light and sound devices, special coloring and marking devices, alcohol and drugs testers, vehicle speedometers and other special instruments.
    3. Manufacturing, replicating and/or importing of a vehicle stoppers, specified in Article 50.1, shall not be permitted without the authorization of National Police Agency.
    4. The procedure for issuing permits specified in Article 50.3 of this Law shall be jointly approved by the intelligence agency, Customs and Chief of National Police Agency.
    5. Police officer shall be provided with necessary protective gears and equipment.
    6. In the absence of special gears and equipment specified in Article 50.5 of this Law, a police officer may use the items available for the special purpose of self-defense or to arrest criminals.
  5. Article 51 – Special personal equipment
    1. Following equipment are considered as special personal equipment:
      1. Handcuff
      2. Rope, constricting shirts, other instruments that restricts movement
      3. Truncheon
      4. Taser
      5. Tear gasser, thermobaric weapons
      6. Rubber or plastic bullet guns
      7. Other special purpose personal equipment
  6. Article 52 – Use of special personal equipment
    1. Police officers will use special personal equipment under the following circumstances:
      1. To stop attacks and treats on lives and health of oneself and others
      2. To stop the crime or violation, to arrest the person who committed the crime or violation;
      3. To arrest an armed person or a person who may resist with firearms;
      4. To escort an arrested person to a medical institutions or other authorities, to transport an accused or convict in armor;
      5. To prevent a person under observation from committing suicide, causing bodily injury or fleeing;
      6. To prevent harm to the lives, health and property of others from a person who is incapacitated due to mental illness or severe emotional distress, as well as a person who has consumed alcohol, drugs or psychotropic substances, and behaving violently;
      7. To free captive official and other premises, blockade of streets and traffics
      8. Failure to comply with the requirements of a police officer for the purpose of protecting public order and preventing crimes and violations during public events
      9. To stop group violation of public order or public disorder, force dispersal of illegal demonstrations and rallies
      10. Fled without complying with the order of the official authorized to stop the vehicle
      11. Others specified in this law for the use of firearms
    2. Except following circumstances, the use of special personal equipment is prohibited to use against children, pregnant woman, person with a disability, elderly, or a person with a clearly identifiable injury:
      1. Armed or group assaulted in a manner that may cause harm to life and health of a police officer or others
      2. A person who protested or failed to comply with an order to confiscate firearms, or any items harmful to lives and health of others.
      3. May commit suicide
    3. Police officer shall determine the use of appropriate special personal equipment independently according to the circumstances.
  7. Article 53 – Special equipment with impact to a mass
    1. Following equipment are considered as special equipment with impact to a mass:
      1. Tear gasser, thermobaric weapons that have impact to a mass
      2. Water cannon
      3. Smoke screen generator
      4. Other special equipment with impact to a mass
  8. Article 54 – Use of special equipment with impact to a mass
    1. The decision to use special equipment with impact to a mass shall be made by the Chief of Police or the official who was assigned to manage the operations.
    2. Police officers will use special equipment with impact to a mass under the following circumstances:
      1. Group assault or protest that may treat on lives and health of police officer and others
      2. A group attack or attempted attack on a person or properties under state special protection or under the protection of other organizations
      3. To free official and other premises kept captive by a group, blockade of streets and traffics
      4. To stop or arrest a group committing crimes that may cause harm to human life and health
      5. Protested or failed as a group to comply with an order to confiscate the group’s firearms, or any items harmful to lives and health of others.
      6. To stop group violation of public order or public disorder, disperse violent demonstrations and rallies
      7. To arrest suspects, accused, defendants or convicts who escaped in a group
      8. Disorder occurred in the detention center or prison
    3. The following measures shall be taken prior to using special equipment with impact to a mass:
      1. Inform procurator when it is possible
      2. Warn the use of special equipment with impact to a mass and demand to leave the designated area
      3. Advise any person to leave the designated area and inform the effects of the special equipment with impact to a mass
      4. Inform the professional organization providing emergency service on the assigned place and locations
    4. Execute the warnings and advisements specified in Article 54.3 of this Law using all possible means to reach the majority of people who may be affected by special equipment.
    5. The use of special equipment with impact to a mass without delay is authorized in case of non-compliance with the requirements set forth in Article 54.3.2 of this Law, or a real danger to human life and health.
    6. After using special equipment with impact to a mass, the organization that performed the operation shall take the following measures in cooperation with the relevant professional organization:
      1. Inspect if there is presence of poisoned people, animals, explosives, leaks of toxic and dangerous chemicals, causes of fires and eliminate the danger
      2. Provide medical first aid and other necessary services
      3. Notify applicable organizations to take measures to disinfect the affected areas
      4. conduct patrols and protect the affected area and give advice and warnings until the effects of the special equipment expires or dangerous conditions disappear.
  9. Article 55 – Use of vehicle stopper
    1. The police officer shall use the vehicle stopper under the following circumstances:
      1. To stop attacks and real treats on lives and health of oneself and others
      2. The arrested person, suspect, accused, defendant or convict fled by driving or in others’ transports.
      3. Fled after not complying with order by the authorized official to stop the vehicle
      4. Police informed of a person who has committed a serious crime has fled the crime scene using a vehicle, or hijacked a vehicle, the driver was taken as a hostage.
    2. The use the vehicle stopper is prohibited in the high traffic areas or under circumstances of high risk to public safety. 
  10. Article 56 – Use of service dog
    1. The police officer authorized to use service dog for combating crime and violation, maintaining public order, protecting public safety and rescue operations.
    2. Use of service dog is prohibited under any circumstances except if the lives and health of a police officer or others were endangered, armed person attacked or escaped.
    3. Chief of National Police Agency shall approve the procedures for training, use and protection of service dog.
  11. Article 57 – Grounds on the use of firearm
    1. The police officer authorized to use of firearm under the following circumstances:
      1. Attacks on lives and health of oneself and others, presented real threat to other lives and properties when fleeing using a vehicle.
      2. Armed person or group attack on a police organization, or assaulted to seize police officer’s firearm.
      3. Attack of an armed person or a group on the protected person, areas or properties by the state special agencies and other authorized organizations.
      4. Free a kidnapped person or hostage
      5. Protested or failed to comply with an order to confiscate the firearms, or any items harmful to lives and health of others
      6. Armed person or group attack on an armed convoy to deliver a suspect, accused, defendant or convict, with an intent to release
      7. Disorder occurred in the detention center or prison, and causes serious threatens on human live and properties
      8. To stop armed person or group attack to seize official and other properties and free captive premises.
      9. Armed attack during public disorder
      10. To kill an animal that is threatening or may cause danger to human lives, health, and environment.
      11. To arrest armed person or a person who may resist using firearms
      12. To arrest escaped prisoner or armed prisoner.
    2. Firearms are permitted to be used to sound alarms, call for help, training, drills and in other circumstances provided by law.
    3. Chief of National Police Agency shall approve the procedures on use of firearm specified under the Article 57.2 of this law.
  12. Article 58 – Use of firearms
    1. A police officer, properly trained in the use of firearms, is authorized to safe keep, carry and use firearms in accordance with the grounds and procedures established under this Law.
    2. Prior warning shall be given at all time when allowed before using firearms. Immediate use of firearms is permitted if presented with a real risk of endangering a human life or health while giving prior warning.
    3. Police officer shall take following measure step by step when using firearms and take full responsibility:
      1. Have the firearms ready for use when presented with circumstanced specified under Article 57.1 of this law
      2. Warn the person on the use of firearms, establish certain distance and position, order the cessation of illegal activities or prohibit active actions.
      3. Use firearms if the person continues to act after being warned in accordance with Article 58.3.2 of this Law
    4. Immediate use of firearms is permitted if the arrested or detained person attacks to seize the firearms of the police officer
    5. First aid shall be provided and proper medical institutions shall be notified if the use of a firearm caused injuries. In case of loss of life, the procurator and authorized officials shall be notified.
    6. A police officer shall immediately inform the immediate superior and give a written explanation on the grounds for using firearms, injuries to the person, care provided, notification of health care organization and damage to other people's property, and the immediate superior shall notify the procurator.
    7. A police officer is allowed to issue warning of potential use of firearms if there are grounds to suspect that the circumstances specified in Article 57.1 of this Law may arise during the inspection of documents, items and the transport, arrest and detention.
    8. A police officer's warning of a potential use of firearms on the grounds specified in the law shall not be considered as a use of a firearm
    9. The procedures on reporting the use of firearms shall be approved by the government cabinet member in charge of internal affairs and the Prosecutor General.

 

CHAPTER SIX

THE POLICE OPERATIONAL PROMPTNESS AND SAFETY READINESS

  1. Article 59 – Implementation of police operational promptness readiness
    1. A police officer shall have following rights when performing the official duties:
      1. Mobilizing vehicles for the purpose of going to the place where a crime, disaster, catastrophe or accident occurred, public disorder, transporting a person in need of emergency medical care to a hospital, pursuing a person who has committed a crime or violation and transporting the person to police.
      2. In case of need to disseminate emergency information to the public, use news media, information and communication channels regardless of state ownership.
      3. Use sound and light signals and alarms on vehicles
      4. Use public transportation (except taxi service) free of charge within cities and regions
      5. In case of urgency to investigate information on the crime, and to arrest the offender, use inter-city transport services without delay
    2. The mobilization of a vehicle of a diplomatic representative organization, or currently in-duty vehicles equipped with special sound and light signals, as well as a technical emergency call vehicle in accordance with Article 59.1.1 of this Law.
    3. The police organization shall compensate expenses incurred from the operations specified under Article 59.1.1 and 59.1.2
    4. A police officer, upon obtaining knowledge or request for help due to real danger to human life and health, and regardless of the rank, position, jurisdiction or duties, shall be responsible for protecting human life and health, eliminating potential dangers, arresting the perpetrator of the crime, taking immediate measures to protect the evidence of the crime or violation, and notifying the police in charge of the jurisdiction.
  2. Article 60 – Officer agitation
    1. An officer shall be provided full agitation that consists of handcuffs, truncheons, taser, tear gas, thermobaric weapon, communication devices, flashlights, audio, video and audio-visual recording devices, and shall use in accordance with the rules and regulations under the law.
    2. The officer shall be provided with protective equipment such as uniforms suitable for the duties and seasonal conditions, knives, bulletproof vests and illuminated vests and shall be provided with additional equipment depending on the specifics of the duties.
    3. The officers responsible for combating crimes, maintaining public order, and protecting public safety, shall be provided with special personal and protective equipment and firearms by the police and shall have full right to carry the equipment and firearms.
    4. Officers are permitted to carry protective special equipment, taser, tear gas, and thermobaric weapon during off-duty hours and on-duty casually dressed hours, and use to protect life and health of oneself and others from criminal attacks.
    5. Chief of National Police Agency shall approve the procedures for storing, protecting, registering and carrying of firearms, and the list of special protective equipment for officers authorized to carry firearm.
  3. Article 61 – Maintain statistical records, and use information system and database
    1. The police organization shall maintain the following statistical records, create information system and databases and use them in its operations:
      1. About a person suspected of a crime, considered a suspect in a criminal case or charged as a defendant.
      2. About convicted felon.
      3. About a person who was subjected to compulsory medical measures;
      4. About a person who has been acquitted due to the dismissal of a criminal case;
      5. About a person released from criminal liability or whose sentence has been postponed;
      6. About a person who failed to fulfill parental duties, and who had a negative impact on the child's development and treated the child cruelly;
      7. About a person who was exonerated and pardoned by the amnesty;
      8. About victims of the crime;
      9. About a person who committed the violation;
      10. About the wanted person;
      11. On vehicle owners, and vehicle tax, insurance and vehicle records;
      12. About a person who obtained the driver's license;
      13. About a person engaged in contract and private security activities;
      14. About a person under the surveillance in order prevent from committing crime and violation;
      15. Database specified in Article 12.9 of the Law on Firearms;
      16. Cases on firearm usage by police officers;
      17. Fingerprints, ammunition, bullet metallic case and genetic information;
      18. Information on video equipment used to ensure the security of the legal entity;
      19. Statistics on police work;
      20. About the criminally liable legal entity;
      21. Others.
    2. The police shall use the database specified in Article 61.1 of this Law for the purposes established under this Law and shall be responsible for ensuring the security of the database.
    3. The procedure for the database specified in 61.1.19 of this Law shall be approved by the Commissioner General of the National Police Agency and it shall be prohibited to disclose or transfer the information in the database to other organizations and officials without the Chief’s consent.
    4. If specified in an international treaty to which Mongolia is a party or a cooperation document concluded with an international or foreign police organization, the disclosure of the information specified in Article 61.1 of this Law is permitted.
    5. The police shall not disclose the purpose of information and the given information to others in accordance with Article 61.4 of this Law.
    6. The Government cabinet member in charge of internal affairs shall approve the procedures for collecting, examining, evaluating, using, transferring, receiving, distributing, calculating the results and providing inquiries in the databases other than those specified in 61.1.19 of this Law
    7. The police are permitted to establish other types of databases for internal use to ensure emergency readiness and efficient daily operations.
    8. Unless otherwise provided by law, a police organization or officer shall have the right to promptly access the centralized database of a state organization and use it for official purposes.
    9. Logs of a police officer access and usage of the database specified in Articles 61.1 and 61.8 of this Law shall be registered and stored in the unified information processing network. The duties specified in this article shall be performed by the unit in charge of information technology and security of the National Police Agency.
    10. Unless criminally charged, a police officer shall have disciplinary sanctions for using the database for the purposes other than officer’s legal duties and transferred it to others.

 

CHAPTER SEVEN

CIVIL MONITORING OF POLICE ACTIVITIES AND COOPERATION WITH COMMUNITY POLICE

  1. Article 62 – Civic council
    1. A non-staff Civil Council consisting of 5-7 people and represented by citizens responsible for public oversight of the activities of the police in charge of the territory shall be attached to the Civil Representatives Khurals of aimags and the capital city.
    2. The Governor shall not direct or supervise the activities of the Civil Council and shall be responsible for ensuring its independence.
    3. A member of the Civil Council shall be a citizen of Mongolia with no criminal record or conflict of interest and who has not held a position of a police, prosecutor, judge or government or public office in the last 5 years.
    4. A citizen of Mongolia who meets the requirements set forth in the Article 62.3 of this law, has resided in the territory for the last 5 years and is registered as a member of the Civil Council shall be appointed by Citizens’ Representatives Hural of aimag and capital city for a term of 3 years.
    5. The Civil Council shall be independent and shall support and monitor the activities of the local police.
    6. The Civil Council has the following rights:
      1. To discuss and submit proposals on budget proposals, expenditures, operational and financial reports other than the budget for the executive body of police;
      2. To monitor the implementation of the policy on introduction of scientific achievements, latest techniques and technologies in the training of police officers and in the fight against crime and violations;
      3. To supervise the receipt and registration of complaints and information received on crimes and violations by the police and analyze information related to them;
      4. To analyze the implementation of the code of ethics for police officers;
      5. To develop proposals on measures to be implemented by the Governor on prevention of crimes and violations;
      6. To develop proposals on improving the activities of the police in the fight crime, protecting of public order and ensuring public safety in accordance with the needs of citizens and the public in its territory.
    7. The Civil Council shall be prohibited the following activities:
      1. To participate in any form in the executive work, case registration and investigation of the police;
      2. To conduct political activities.
    8. The Civil Council shall submit proposals and recommendations on its functions to the Citizens' Representatives Khural, the Head of the National Police Agency and the Government member in charge of internal affairs on issues related to its functions.
    9. The Head of Civil Council shall be nominated by the members of the Council and elected by secret ballot by a majority vote for a term of one year.
    10. The budget of the Civil Council and monetary bonuses to be paid to its members shall be financed from the budgets of aimags and the capital city.
    11. The charter of the Civil Council shall be approved by the Government member in charge of internal affairs in accordance with this law and other legislation.
  2. Article 63 – Community police
    1. A local self-governing body may employ a community police to prevent crimes and violations and to maintain public order based on the proposals and requests of residents and the police.
    2. The Citizens’ Representatives Khural based on the proposal made by the Governor of the aimag or the capital city in consultation with the Civil Council and the police shall determine the number of community police annually.
    3. According to the proposal submitted by the Governor, the police shall appoint a community police officer, a citizen who has reached the age of 20. The appointment is on a voluntary basis and will be effective with a signed contract. The contract shall specify the responsibilities, mutual obligations of the parties, incentives and grounds for termination of the contract.
    4. The rules of the community police, its requirements and the type of contract shall be approved by the Head of the National Police Agency organization.
    5. In performing law enforcement duties, the community police shall respect human rights and freedoms, strictly observe the Constitution of Mongolia, this law and other legislations, and exercise only the rights and duties specified in the agreement.
    6. The community police shall be obligated to promptly report the crime and violations to the police and relevant government agencies. The community police officer on duty shall be provided with the necessary communication equipment, special equipment and protective equipment.
    7. Citizens and legal entities shall comply with the requirements set by the community police within the scope of their authority granted by this law and other legislations.
    8. Expenses related to community police badges, safety uniforms, special equipment, incentives and training shall be financed by the Governor in accordance with the legislation on prevention of crimes and violations.

/ This part was amended according to the law dated June 06, 2019 /

    1. A person who insulted, threatened, caused damage to health, life or property of a community police officer in connection with the performance of his / her official duties, failed to comply with legal requirements and/or protested shall be subject to legal liability.
    2. The community police shall have the following rights and responsibilities:
      1. To protect crime scene and violation;
      2. To check documents of the required person and determine the address of residence;
      3. To demands on citizens and legal entities to maintain order;
      4. To bring the person who has committed a crime or violation to the police and to impose a fine on a person who committed the violation, if provided by law;
      5. To publicize the legislation to citizens;
      6. To participate in activities organized by law enforcement agencies and other legal entities to protect public order;
      7. To use physical force and special means specified in the Articles 51.1.1, 51.1.3, 51.1.4 and 51.1.5 of this law in accordance with the grounds and procedures specified in the law.
    3. The police shall be responsible for training and practicing the community police.
    4. The Head of the National Police Agency shall approve the identification mark, design and procedure for use of special safety clothing specified in the Article 63.8 of this law.
    5. In the course of exercising the rights and responsibilities set forth in this article, the community police shall be provided with the guarantees specified in the Article 39 of the Law on Prevention of Crimes and Violations.

/ This part was amended according to the law dated June 06, 2019 /

  1. Article 64 – Cooperation with citizens and legal entities
    1. The police shall provide professional and methodological guidance and cooperate with local administrative and non-governmental organizations and citizens in the prevention of crimes and violations.
    2. The police shall organize crime prevention activities with the assistance and cooperation of governmental and non-governmental organizations, citizens and legal entities.
    3. Citizens and legal entities shall provide support, assistance and cooperate with the police and police officers in the performance of their legal duties.
    4. The police shall demand on citizens and legal entities within the scope of their legal obligations on how to identify the causes and conditions of crimes and violations that have been committed and are likely to be committed and how to eliminate them; to inspect the implementation and to obtain relevant materials from citizens and legal entities without hindrance.
    5. Citizens and legal entities shall take certain measures in accordance with the requirements of the police and police officers and respond within the set time.
    6. The police may study citizens' opinions on their activities and analyze them in cooperation with governmental and non-governmental organizations.
    7. The police shall cooperate and appoint a media personnel who has passed relevant police training and be responsible for reporting on the activities of the police.
    8. The Article 64.7 of this law shall not restrict the right of citizens and legal entities to obtain information, except for the prohibition of public disclosure in order to protect human rights, freedoms and legitimate interests of organizations.
    9. The police and police officers shall seek the support and trust of citizens in carrying out their official duties.
  2. Article 65 – Duties and assistance of citizens, legal entities and public officials
    1. Citizens, legal entities and public officials shall be obligated to provide identification documents when requested by the police and police officers and shall not interfere with the lawful activities of police and police officers.
    2. Citizens, legal entities and public officials shall provide assistance to the police in the following areas:
      1. To take preventive measures not to create conditions for crimes and violations to occur in their operations;
      2. Participate in measures taken by the police to combat crime, maintain public order and ensure public safety;
      3. Promptly inform the police about a person who has committed or is preparing to commit a crime or violation, or intends to commit a crime;
      4. To comply with the legal requirements of police officers and community police officers who are fulfilling their duties to fight crime, maintaining public order and ensuring public safety;
      5. Cooperate with the police in exchanging information and providing support in the fight against crime, maintaining public order and ensuring public safety;
      6. Governmental and non-governmental organizations shall provide information required by the police without hindrance;
      7. To connect security video equipment and networks intended for monitoring public roads, streets and squares to the unified information network of the police and to provide necessary technical support;
      8. To provide video recordings used for the purpose of ensuring the security of his / her possession to the police and officers without hindrance.
    3. Citizens who actively participated in the activities specified in the Article 65.2.2 of this law may be rewarded in accordance with the relevant law.
    4. Citizens, organizations and communities may provide assistance to the activities of the police on a voluntary basis in accordance with the law in order to prevent crimes and violations.
    5. The Citizens' Representatives Khural and the Governor shall provide all possible assistance to the police in combating crime, maintaining public order and ensuring public safety.
    6. It shall be prohibited for a government organization or official to disclose to others any information related to the activities of the police, officers or covert activities obtained in the course of carrying out their official duties.

CHAPTER EIGHT

LEGAL STATUS OF POLICE OFFICERS

  1. Article 66 – Mandates on police officer position
    1. A police officer is a citizen with a police rank and who has taken oath of police service and is appointed to a police organization.
    2. The request of a Mongolian citizen, at least 18 years old, who has not been convicted of a crime at the time of first appointment to a police position and has met the age, health, physical fitness, education, profession, qualification, ethics and other special criteria, for  a police officer position shall be considered, and be ranked, be selected and appointed accordingly.
    3. A police officer shall be afforded with equal opportunities to study, train and career advancement.
    4. A police officer shall be responsible for meeting with the established mandates on physical, health, profession, specialization and training.
    5. Special mandates and criteria for police positions shall be established based on the educational, professional, competence, health, physical, psychological and ethical requirements to perform their official duties, and years of service in the police service and experience in the professional field operations.
    6. Depending on the specifics of the functions to be performed, the specific requirements and criteria for certain positions may be established organization-wide in the police.
    7. Chief of National Police Agency shall constitute the special mandates and criteria for police officers
    8. The National Police Agency shall issue an order on training of officers to the Police academy based on human resources needs and requirements for the police force.
  2. Article 67 – Appoint to police officer position
    1. A citizen who meets the requirements set forth in Article 66.2 of this Law shall be appointed to a vacant position other than the management position in the police.
    2. The principle of staged ranking and hierarchy system shall be employed in the initial appointment of a police officer to a specific position, based on the knowledge, profession, skills, achievements, personal and professional ethics of the officer.
    3. The police are authorized to contract with a citizen to be prepared and trained at domestic or foreign educational institutions, and to be appointed to a police position, in order fulfill human resources requirements on highly specialized forces.
    4. Police academy employees and students, above age of 18 years old, shall be drafted under emergency circumstances to maintain public order, and in which case the guarantees provided by law to police officers shall apply to them. 
  3. Article 68 – Rights and duties of police officers
    1. A police officer shall exercise the common rights and duties specified in the Civil Service Law. 
    2. A police officer shall exercise the powers specified in the relevant law in performing duties to combat crime, maintain public order and protect public safety
    3. A police officer shall notify immediate superior If the police officer is being investigated in connection with a crime or violation
    4. A police officer shall use notes, report cards, drawings, photographs, audio and video recordings and other methods in performing duties
    5. A police officer shall be prohibited to search, collect, use and disseminate information related to personal secrets, except in circumstances provided by law
    6. An officer is permitted to use physical forces, special equipment and firearms to perform official duties specified in the rules and regulations established under Article 47.1 of this law.
    7. An officer shall not travel abroad for personal or official business without the permission of a managing officer, provided by the law. 
    8. A police officer has the right to protect his / her life, health and safety from any attack, to protect his / her rights and legal interests, and to file a complaint in case of violation and the complaints to be resolved.
    9. An officer shall inform, issue order to a citizen and legal entities, and monitor the execution accordance with the law, to identify and eliminate causes of crime and violations and to prevent dangers to human life, health and property.
  4. Article 69 – Prohibitions to police officers
    1. The followings prohibited to the police officers, in addition to activities prohibited by the Civil Service Law, the Law on Regulation of Public and Private Interests in the Public Service and Prevention of Conflicts of Interest, and the Law on Anti-Corruption:
      1. Illegal encroachment on human rights and freedoms.
      2. Subdue or oppress others in the name of a position or organization.
      3. Dispense information to the publics and other that may harm the rights, freedoms, legitimate interests and reputation of others
      4. Disclose state, organization and individual secrets to others outside the grounds and procedures provided by law, and to release official information to the public and others without management authorization.
      5. Consume alcohol while performing official duties and under operational readiness order, on duty while wearing a police uniform.
      6. Use of drugs or psychotropic substances
      7. Force, encourage, direct, provoke and participate in direct or indirect actions of others to commit illegal acts or omissions
      8. To be a member of a party or union, to advertise and support the activities and political ideology of any party or union in the workforce
      9. refuse to comply with a legal decision or order of a manager or supervising officer
      10. miss work without valid reasons, plan, organize and participate in measures directed to disrupting the normal operations of the office.
      11. Have dual citizenship
      12. Torture or justify such an act in any form for the purpose of obtaining information or explanations from a person about a crime or violation
      13. Others prohibited by law.
  5. Article 70 – Setting probation period
    1. New police officers shall be employed and under one year of probation periods in order determine whether the officers meet the training requirements, criteria and requirements for the position.
    2. The officers under probationary period shall be contracted and employed as trainee. The trainee shall have the rights and responsibilities of appropriate function, in accordance specified in this law.
    3. Chief of National Police Agency shall approve the contract terms, extension of probationary periods specified in Article 70.1, and duties prohibited during probationary period. 
    4. The trainee shall be under supervision of the assigned trainer during the probationary period.
    5. The immediate supervisory officer of the trainee shall perform performance evaluation within 14 days prior to the expiration of the probationary period, and inform the trainee on the summary and jointly submit application for appointment to the appropriate authorities.
    6. The authorized official shall make one of the following decisions within 14 days after receiving the report and application:
      1. To be appointed to a position
      2. To terminate the contract
    7. The probationary period shall be counted toward the officer’s tenure in the government special service.
    8. The contract shall be terminated before the end of the probationary period under following grounds:
      1. Has been convicted;
      2. Committed an ethical or disciplinary violation
      3. A request for release has been made
      4. Report concluded that unable to perform duties sufficiently
    9. The trainee’s right to perform duties shall be suspended if the trainee is being investigated in connection with a crime or violation before the expiration of the contract term.
    10. It is prohibited to appoint trainee to managerial position
  6. Article 71 – Job description
    1. The job description shall define the scope of duties and responsibilities of a police officer and it shall be approved by the Chief of National Police Agency.
    2. Police officer can perform duties outside of the scope of duties and responsibilities defined in the job description, with the decision and order of chief of police organization, for certain period of time.
  7. Article 72 – Performance evaluation of police officer
    1. Performance of police officer shall be evaluated in accordance with the Law on State agencies.
    2. Chief of National Police Agency shall approve the procedures for the evaluation of professional qualification level of police officer.
    3. Decisions to include police officers to appropriate training, increase compensation, promote and demote, shall be made based on the evaluation of professional qualification level by the chief of the police organization.
  8. Article 73 – Police ranks
    1. The following ranks shall be awarded to police officers after considering current position, length of service and performance.
      1. The highest rank: general, lieutenant general, major general;

/ this section was repealed by the law on January 10, 2020 /

      1. Senior ranks: police colonel, police lieutenant colonel, police major
      2. Middle ranks: police captain, police senior lieutenant, police lieutenant;
      3. Junior ranks: police first sergeant, police trainer sergeant, police senior sergeant, police sergeant, police deputy sergeant.
    1. The classification and level of the rankings specified in Articles 73.1.2, 73.1.3 and 73.1.4 of this Law shall be determined by the Commissioner General of the National Police Agency.

/this section was adapted by the law on January 10, 2020/

    1. The military highest ranks are permitted to be awarded to management or senior officials of the police.

/this section was adapted by the law on January 10, 2020/

 

  1. Article 74 – Conditions for awarding a police rank
    1. The following terms shall be followed in awarding junior and middle ranks to the police officers.
      1. From the police deputy sergeant to the police sergeant – 4 years
      2. From the police sergeant to the police senior sergeant – 4 years
      3. From the police senior sergeant to the police trainer sergeant – 6 years
      4. From the police trainer sergeant to the police first sergeant – 6 years
      5. From the police lieutenant to the police senior lieutenant – 3 years
      6. From the police senior lieutenant to the police captain – 3 years
    2. The following terms shall be followed in awarding police senior ranks to a police officer:
      1. Ranked as the police captain for 4 or more years to be awarded with police major rank
      2. Ranked as the police major for 5 or more years to be awarded with police lieutenant colonel rank
      3. Ranked as the police lieutenant colonel for 6 or more years to be awarded with police colonel rank
    3. Chief of National Police Agency is authorized to award police ranks, in accordance with terms and criteria established under this law, to the employees of the police academy.
    4. Depending on the position and performance, a police officer may be awarded with a police rank above the classification and rank and before the terms specified in Articles 74.1 and 74.2 of this Law.
    5. The employees of the police academy with police ranks shall have same rights and duties of police officers.
    6. Awarding the police ranks by skipping a rank is prohibited.
  2. Article 75 – Awarding a police rank
    1. The president of Mongolia shall award police senior ranks.

/ this section was repealed by the law on January 10, 2020 /

    1. The president of Mongolia shall approve procedures to award, lower, confiscate and restate police ranks

/ this section was repealed by the law on January 10, 2020 /

    1. The government shall approve the procedures to award, lower, confiscate and restate police ranks.
  1. Article 76 – Confiscation of official uniform, IDs and badges
    1. The official uniform, IDs, badges, firearms, and special equipment shall be confiscated upon termination and release from the police, appointment or elected to another position.
    2. If and officer is unable to perform duties due health conditions, has reached retirement age or has reached the maximum age for service, the officer shall be permitted to keep the ceremonial uniform.
  2. Article 77– Temporary dismissal from the police service and temporary replacement
    1. A police officer shall be temporarily dismissed from the police service if the officer is under medical treatment and nursing care, or attends school at the request of an organization for more than three months.
    2. A citizen who meets the mandates and criteria set forth in Article 66.2 of this Law and is registered in the reserve list may be temporarily appointed to the position of an officer who is on childcare leave and specified in Article 77.1 of this Law. If it is not possible to substitute from the registered reserve, a temporary employment of a citizen using an employment contract is permitted.
    3. An employment contract shall be executed with a citizen for the temporary appointment in the police service
    4. An authorized official may temporarily replace a police officer who has been temporarily absent for up to three months with another police officer.
    5. Police officers who have temporarily performed the duties shall be paid bonuses up to 40 percent of their base salary depending on their performance.
    6. The government cabinet member in charge of internal affairs shall approve procedures for temporary replacement in police service.
  3. Article 78 – Appointment of police officer to another position
    1. A police officer is permitted to be appointed to a position in other police units in order to prevent conflict of interest, or upon a request of the officer and job requirements, or the position was eliminated due to downsizing, or a decision to reinstate an officer who was previously occupied the position or after consideration of health conditions.
    2. Failure to accept the decision of the reappointment without a valid reason and failure to attend the appointed position shall be grounds for administrative punishments, or dismissal from the position.
  4. Article 79 – Promotion and demotion
    1. An officer shall be promoted and demoted after considering the length of service in the police force, performance, evaluation on professional qualification level.
    2. A police officer shall be demoted under following circumstances with the administrative recommendation:
      1. Disciplinary charges were administered in accordance with this law
      2. Appropriate medical and authorized institutions concluded that unfit to perform the duties of the position
      3. Performed unsatisfactory the duties and responsibilities outlined in job description
      4. Performance and professional qualification level are unsatisfactory to meet the mandates and criteria of the position.
  5. Article 80 – Suspension of rights and powers
    1. The rights and power of a police officer who is involved in a crime, violation or violation of ethics and disciplinary code, shall be suspended temporary till the resolution of such matters.
      1. Based on decision of cash register, investigator, procurator, and court
      2. Internal controls and administration concluded that the continued service of the police officer shall have adverse effect.
    2. A police officer shall be prohibited to use the police rank and official uniform, and the officer’s IDs, badge, firearm and special equipment shall be temporarily confiscated if the police officer’s rights and powers were suspended.
    3. Upon the acquittal of the charges, an officer, whose rights and powers were suspended in accordance with the Article 80.1, shall be compensated fully for the duration of the suspension, and the suspension period be counted toward the service years.
  6. Article 81 – Disciplinary responsibilities of police officer
    1. Police officers shall follow the code of ethics and rules on discipline established by the National Police Agency when performing police duties.
    2. Chief of National Police Agency shall approve the code of ethics and rules on discipline specified in Article 81.1.
    3. The violation of code of ethics and rules on discipline specified under Article 81.2, and 81.3, shall be considered as a ground for a disciplinary action.
    4. Appropriate authority shall execute following disciplinary actions to an officer who violated the Law of State Agencies, this law, code of ethics, and rules on discipline:
      1. Warning
      2. Reduce base salary by 20% for up to 3 months period
      3. Demote
      4. Lower the police rank
      5. Dismissal from police force without the right to return to police force for a period of one year.
    5. The code of ethics and rules of discipline shall have equal effect within the territories of Mongolia, as well as abroad for the police officers
    6. The officers who have been punished in accordance with the Articles 81.4.1, 81.4.2, 81.4.3, 81.4.4 and 81.4.5 of this Law shall be obliged to attend ethical training at their own expenses for a specified period. The organization shall provide unpaid leave for the duration.
    7. The police academy and training institutions specified in Article 17 of this Law shall conduct fee based ethical training program for the convicted officers in accordance with the tuitions and fees approved by the Commissioner General of the National Police Agency.
    8. Disciplinary actions shall be carried out with 1 month of the date of the decision to dismiss a criminal case or violation, if the criminal and violation case related to the police officer has been dismissed and the violation is subject to ethical and disciplinary actions.
    9. Unless otherwise provided by law, a disciplinary sanction shall be deemed as not have been charged if there has been another disciplinary sanction within 1 year from the date of receiving the disciplinary sanction. Upon consideration of the sanctioned officer’s awards and committed violation, annulment of disciplinary actions can be executed prior to the stated timeline.
  7. Article 82 – Dismissal from police force
    1. A police officer shall be dismissed from police force under following circumstances:
      1. Violated the sworn oath, code of ethics and rule of discipline
      2. Indictment of crime and court decision took effect

/ this section was repealed by the law on January 10, 2020 /

      1. Determined that requirements specified in Article 66 were not fulfilled
      2. Renounced the citizenship of Mongolia, or has dual citizenship
  1. Article 83 – Service guarantees
    1. A police officer shall be provided with guarantees specified in the Civil Service Law.
    2. A police officer shall receive a pension and benefits in accordance with the Law on Pensions and Benefits of Military Servicemen.
    3. The Government shall approve and implement a housing program for police officers.
  2. Article 84 – Political guarantees
    1. It shall be prohibited to mobilize or involve a police officer in political activities outside of his / her official duties as specified in the law.
    2. If a police officer is required to participate in the activities specified in the Article 84.1 of this law, he / she shall refuse it.
    3. A police officer shall respect his / her duties in exercising his / her right to freedom of expression, speech, association, publication, religion and non-religion.
    4. It shall be prohibited for police organizations and police officers to use items and equipment containing the logo/emblem of a political party in their activities.
    5. It shall be prohibited for a police officer to express his / her personal opinion on any political party or its activities and to use his / her official authority for political purposes while performing his / her official duties.
  3. Article 85 – Legal guarantees
    1. Citizens, legal entities and public officials shall comply with the demands of a police officer in accordance with the grounds and procedures specified in the law, and in a case of non-compliance, they shall be held liable in accordance with the law.
    2. It shall be prohibited for any citizen or public official to interfere in the lawful activities of a police officer or demand to perform duties that are not related to his / her legal duties.
    3. A police officer shall not be liable for damages caused by the performance of his / her official duties in accordance with the law.
    4. The state shall be liable for damages caused by a police officer performing his / her official duties in accordance with the law.
    5. A police officer shall be deemed to have performed lawful activities during non-working hours, as well as on the way to and from work, in the same way as performing his / her official duties.
    6. The police shall be responsible for protecting the life and safety of a police officer and his / her dependents in case of threat or potential threat to their life and health in connection with the performance of their official duties.
    7. It is prohibited to appoint, change or dismiss an internal control and security officer without notifying the head of the unit.
    8. Promptly notify the immediate supervisor of an police officer if he/she has been inspected, arrested, detained by a public authority in connection with the performance of his / her official duties and/or his / her residency, offices, vehicles and body has been searched/examined.
    9. The Government members in charge of internal affairs and other officers shall notify the Head of the National Police Agency within 24 hours if the Head, First Deputy Chief or Deputy Commissioner General of the National Police Agency has been arrested while committing a crime or at the crime scene of a crime with evidence.
    10. A citizen serving in the police in peacetime shall be exempted from active military service, and if he / she has served in the police for more than 2 years, he / she shall be deemed to have served in the military service.
    11. The National Police Agency shall be responsible for providing military training to police officers ages between 18 - 25 years old who have not served in the military service. The military training program shall be approved and enforced by the military executive/management body.
    12. It is prohibited to dismiss, terminate or transfer a police officer to another job or position on grounds other than those provided by law.
  4. Article 86 – Social security/guarantees
    1. In the event of a police officer being killed in the line of duty as a result of a criminal offence, a severance equal to 10 years' basic salary shall be calculated bases of the average monthly basic salary of the officer and paid to his / her family once.
    2. One year of service work of a police officer in the compulsory rehabilitation and detention center, protection of critical state facilities, traffic regulation, patrols, guards and on-duty service shall be considered as equivalent to 1 year and 3 months of service. One year of work service of a police officer as an executive officer in the Police Secret Service shall be considered as equivalent to 1 year and 4 months.
    3. In the event of police officer loses/damages his / her health in the line of duty, the Government shall provide the following compensation and assistance in accordance with the law:
      1. One-time compensation equal to 30, 60, 90 times the minimum wage depending on the rate of disability;
      2. The total cost of prosthesis;
      3. Wage difference received by disability pensioner.
    4. Each time the salary of a police officer increases, the difference in salary specified in Article 86.3.3 of this law shall be recalculated from the increased salary.
    5. The guarantee specified in the Article 86.1 of this law shall be applied to a police officer has passed away as a result of an injury to his / her health or caused damage to his / her health or life in connection with his / her previous official duties.
    6. The Government shall bear the expenses specified in the Article 86.1 of this law and reimburse the guilty party.
    7. A special purpose hospital, which is responsible for providing medical care to police officers, shall operate a medical team during public disorder, high alert, state of emergency, field training and internships.
    8. A police officer shall undergo an annual medical examination and the medical costs shall be covered by the state budget.
    9. If a police officer loses his / her health in the line of duty, he / she shall be treated free of charge by a medical institution.
    10. A police officer who has become disabled due to damages to his / her health while in the line of official duty shall be reimbursed once a year for travel expenses to and from a sanatorium or rehabilitation hospital in accordance with the procedures established by the Government.
    11. In connection with serving in an emergency situation with high risk to the health and life of a police officer, such as fighting crime, war or emergency, peacekeeping operations, disaster relief and its consequences, a psychological rehabilitation treatment is provided free of charge for up to 3 months, if necessary.
    12. The Government shall approve the procedure for providing compensation and monetary assistance specified in this article, the list of hospitals for free treatment as specified in the Article 86.9 of this law, the procedure for allocating expenses specified in the Article 86.10 of this law, and the procedure for conducting psychological rehabilitation treatment as specified in the Article 86.11 of this law.
  5. Article 87 – Economic security/guarantee
    1. The Government shall create regular/normal working conditions for police officers.
    2. A police officer shall be reimbursed for the annual vacation travel expenses to and from his / her birthplace or his / her spouse's birthplace. The reimbursement payment shall be paid once every 2 years and the rate shall be based on the value of auto vehicle or railroad travel cost at that time.
    3. If a spouse has to terminate his / her employment contract due to a transfer of a police officer, he / she shall be provided with a job on a first-come basis. If employment is not provided, health and social insurance premiums shall be paid by the state based on the current minimum wage.
    4. Police officers on duties during public disturbances/riots, emergencies and hotspots shall be paid three times the normal cost of a busines trip.
    5. The police shall provide food and other material necessities and food expenses to police officers when they are on high alert and during non-working hours, night shifts, field exercises and trainings. The amount of food and material supplies and food expenses to be provided to police officers shall be determined by the Head of the National Police Agency.
    6. Officers assigned to work in the police from one aimag or city to another aimag or city, as well as within aimags and cities, the expense for transportation, luggage and lodging for himself / herself; and the expenses for transportation and luggage expenses for their families and dependents shall be reimbursed and calculated based on the value of air, auto vehicle or railroad travel cost at that time.
    7. The state shall be responsible for the salary of a police officer studying at a foreign police university or college and for the cost of transportation to and from the university by the order of the police.
    8. The state shall be responsible for the cost of uniform and round-trip transportation expenses of students enrolled in schools specified in the Article 87.7 of this law by the order of police.
    9. The salary of a police officer shall consist of basic salary, rank salary and the following allowances:
      1. Term of special civil service;
      2. Special working conditions;
      3. Police professional degree;
      4. Academic degree and title;
      5. Others specified in the law.
    10. The Government shall set the salary scale, standards and allowances for police officers.
    11. The amount of salary increase to be paid to police officers specified in the Article 87.9 of this law shall not apply to the regulation specified in the Article 28.13 of the Civil Service law.

/ This part was repealed by the law in January 10, 2020 /

  1. Article 88 – Police officer's ID card, badge and uniform
    1. A police officer shall have a service card issued by the National Police Agency and an identification mark with a personal number. The design of the police ID card and badge shall be approved by the Head of the National Police Agency.
    2. Police officers shall be provided with uniforms or clothing allowances.
    3. The President of Mongolia shall approve the uniform design of high-ranking police officers. The Government shall regulate the uniform design for other ranks of police officers, timeframe associated with uniform utilization/expiration, and rules and regulations for uniform allowance benefits of police officers. The Head of National Police Agency shall approve the rules and regulation of wearing uniform and work clothes.
    4. Uniforms of police officers shall be appropriate to the gender, specifics of their ranks and duties and shall be fully recognizable to the public.
    5. The National Police Agency may have a factory for uniforms and special equipment.
    6. It shall be prohibited for a citizen or legal entity to copy/imitate or use uniforms, IDs and badges of the same design as police uniforms, IDs and badges.
    7. Officers, students of higher education institutions responsible for training police force and students studying at foreign universities and colleges by the order of the police shall wear police uniforms.
    8. It shall be prohibited for a police officer to conceal his / her badge or service card from others while performing his / her official duties.
  2. Article 89 – Other guarantees/warranties
    1. The police shall be responsible for creating working conditions for police officers appointed in soums other than the aimag center and providing them with office accommodation, transportation and communication facilities.
    2. Police officers working continuously in soums other than aimag centers, a cash bonus equal to 30 months’ basic salary shall be paid every 5 years and the Government shall approve the procedure for awarding monetary bonuses.
  3. Article 90 – Vacation
    1. Police officers shall be given a total of 15 working days as a vacation each year.
    2. Police officers responsible for combating crime, maintaining public order and ensuring public safety shall be given additional vacation of 3 working days off every 2 years of service, and other police officers shall be given additional vacation of 3 working days off every 5 years of service.
    3. A police officer who has not been able to take the additional vacation days off due to work necessity, he /she shall be paid a bonus equal to twice his / her daily salary with his / her consent.
  4. Article 91 – Maximum service years of a police officer

91.1.    A police officer shall be entitled to receive a pension and benefits on the grounds specified in the Law on Pensions and Benefits of Military Servicemen, and the maximum age for service shall be:

      1. A junior rank police officer is 47 years old;
      2. A middle rank police officer is 52 years old;
      3. A senior rank police officer is 55 years old;
      4. High rank police officer is 57 years old;
      5. The maximum age for service of a female police officer, except for a junior police officer, shall be 47 years.
    1. A member of the Government in charge of internal affairs may extend the term of service of a police officer who has reached the age limit as specified in the Article 91.1 of this law by up to 5 years.
    2. Failure of a police officer to submit a request an extension for another year of service or submit a resignation 3 months prior to reaching the age limit as specified in the Article 91.1 of this law, shall not prevent his / her dismissal from the service at the initiative of the administration.
    3. A police officer, in accordance with the Article 91.3 of this law, shall send his/ her request for an extension of the term of service to the National Police Agency. The request along with proposal shall be forwarded to the Cabinet member in charge of internal affairs for review. The member of the Government in charge of internal affairs shall review the request and proposal and respond within 30 days with the decision.
    4. The member of the Government in charge of internal affairs shall approve the procedure for extension of time as specified in the Article 91.2 of this law.
    5. The National Police Agency may employ an officer who has reached the maximum service age limit as specified in Articles 91.1 and 91.2 of this law and has been relieved of his / her duties on a contract basis to assist in the activities of the police.
    6. The total length of service shall include the following instances: if the officer completed education/studies sponsored by the police; taught in higher education institution responsible for training police officer; served in the military; studied in the police or military academy; and other periods as specified in the law.
    7. The age limit specified in the Civil Service Law shall not apply to the maximum age limit for police officers.
  1. Article – 92 Awards and incentives for police officers
    1. A police officer who has performed his / her duties effectively and has made a special merit, his / her merit will be appreciated and rewarded with a police rank or organization award.
    2. The member of the Government in charge of internal affairs shall determine the type of police award based on the proposal of the Head of the National Police Agency.
    3. It shall be prohibited for other government agencies and officials to giver awards and bonuses to police officers without informing the management of the police.

 

CHAPTER NINE

FUNDING OF THE POLICE ORGANIZATION

  1. Article – Police organization budget
    1. The budget of the police shall be reflected and funded through the state budget and the budget shall meet the requirements for the police to conduct its operations promptly, continuously and effectively.
    2. Within the requirements set forth in Article 93.1 of this Law, expenditure on food and material supply, training accommodation, training, communication, information technology, research, protection and special equipment, labor safety clothing and equipment shall be reflected and funded through the state budget.
  2. Article – Financing of local budget
    1. The Citizens' Representatives Khural and the Governor, in order to maintain public safety, shall reflect in the local government budget and fund the local police organization and officers’ expenditures for accommodation, food, transportation, communication, and support for the appointed officer and the officer’s family.

CHAPTER TEN

MISCELLANEOUS

  1. Article – Oversight on functions of police organizations
    1. The State Great Hural of Mongolia, the Government, local Citizens Representatives' Khurals and Governors shall oversee the functions of the police on the matters specifically authorized by law.
    2. Chief of National Police Agency shall implement internal controls of police organizations
    3. Supervision over the case registration, investigation and enforcement functions shall be regulated by relevant laws. It is prohibited to interfere in or influence this function, except as provided by law
    4. The state central administrative body in charge of internal affairs shall oversee the functions of the police in accordance with the Law on the Government of Mongolia and the Law on the Legal Status of the Ministry of Mongolia, except for case registration, investigation and enforcement.
  2. Article – Submitting complaint on the functions of Police
    1. A citizen or official shall have the right to appeal to the procurator, court and the unit in charge of internal control and security, if considered that the human rights, freedoms and legitimate interests of the legal entity have been violated due to wrongful actions or decisions of a police organization or officer.
    2. The police shall be responsible to provide information on its decisions and activities related to the matter in accordance with the established procedures, if a citizen or official submitted complaint over a violation of rights of the legal entity during police operations.
    3. After the police publicized via media the arrest, detention or administrative charges on a citizen and the police action was proven to be unfounded by the decision of the authorized organization later, the police shall be responsible to make correction via the media and publications within 10 days.
    4. The Police shall formally apologize, restore the violated rights, and mitigate the loss caused by the violations of human right and freedom. Expenditures incurred to mitigate the loss shall be the reimbursed by the guilty party.
  3. Article – Liabilities imposed on a violation of law
    1. Unless criminally indicted, police officers, who violated the law on police and taken oath, shall be administered with disciplinary penalties in accordance with this law and police ethics and regulations.
    2. A person who obstructs a police organization or officers in exercising their authorized powers specified in this Law, resists violently, and threatens a police officer, the affiliated person, or a citizen released from the police service on the grounds of reaching the retirement age shall be subject to liabilities specified in the relevant law.
    3. Police officer shall be liable for the actual loss incurred due to the officer’s intentional act to damage official properties and special equipment.
    4. Police officers shall not be released from property liabilities under the following circumstances:
      1. Damages caused by the performance of official duties in accordance with the law
      2. Damage caused by sudden or force majeure circumstances or special circumstances.

 

 

SPEAKER OF THE PARLIAMENT OF MONGOLIA                                M. ENKHBOLD

ШИНЭ МЭДЭЭ
ЦАГДААГИЙН ЕРӨНХИЙ ГАЗРЫН БАГ ТАМИРЧИД АЛТ, ХҮРЭЛ МЕДАЛЬ ХҮРТЛЭЭ
ЦАГДААГИЙН ЕРӨНХИЙ ГАЗРЫН БАГ ТАМИРЧИД АЛТ, ХҮРЭЛ МЕДАЛЬ ХҮРТЛЭЭ
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