You are on page 1of 4

IV

PROFESSIONAL
LEGAL ENGLISH
TRAINING

II

Current Trends
in Criminal
Punishment
was organized at
the Max Planck
Institute

III

Mongolian Legal
Regulations in
Cyberspace

Media Law
Workshop
Defamation,
Online
Expression and
Self-regulation

LEGAL NEWS
November 2015

33

German-Mongolian Joint Seminar on Current Trends in Criminal Punishment was


organized at the Max Planck Institute for Foreign and International Criminal Law

erman-Mongolian
Seminar
on
Current Trends
in Criminal Punishment
was organized on 18 - 24
October 2015 at the Max
Planck Institute for Foreign
and International Criminal
Law in Freiburg, Germany.
This event was organized
under the Framework
Agreement on Scientific
Cooperation between two
institutes, which was signed
in January 2015 for 5 years.
It is notable and much
thankful that, the Max
Planck Institute for Foreign

and International Criminal


Law was responsible for all
expenses and organization
of the seminar in Freiburg.
The delegates of the Max

Planck Institute, namely the


director of the Institute Prof.
Dr. Hans-Jrg Albrecht
presented
International
Developments in Sentencing

and Punishment and senior


researcher Dr. Michael
Kilchling presented The
Prison System in Germany
at
that
collaborative
seminar. Also, doctoral
student Ms. Kh.ErdemUndrakh presented her
research
paper
called
Socio-legal Issues on the
Death Penalty and senior
researcher Dr. Carolin
Hillemanns presented the
research agenda of their
Institute at the seminar.
Continued on Page 2

Media Law Workshop Defamation, Online


Expression and Self-regulation

he Globe International
Center
NGO
in
cooperation with the
Mongolian Bar Association
are organizing a training
course among Mongolian
lawyers including judges,
prosecutors, defence lawyers
and researches on theme a
Course on Selected Media
Law Issues: Defamation,
Online Expression and Selfregulation under the finding
of the Deutsche Welle
Akademie in 28-30 October,

2015 at BAR`s training hall.


Some Mongolian journalists
are invited to join to this
including members of Media

Executive Director, Centre


for Law and Democracy will
conduct this training course
and some Mongolian experts

club. The trainer Toby Mendel

are invited to share their

experiences on local related


issues namely media self
regulation.
Training for a Course on
Selected Media Law Issues
will focus on three key
freedom of expression and
media law issues, namely
protection of reputations,
regulating online speech
and self-regulation. This is
designed as follow-up course
to earlier organized course in
2014 on theme A Course on
Key Media Law Issues.

November 2015

33

German-Mongolian Joint Seminar on Current Trends in


Criminal Punishment was organized at the Max Planck
Institute for Foreign and International Criminal Law
The delegates of the
National Legal Institute
and the Law Enforcement
University of Mongolia
participated in that
collaborative seminar.
Namely, the Director
of the National Legal
Institute Dr. E.Batbayar
Criminal
Law
Reform in Mongolia,
research fellows of
the Legal Research
Center of the Institute
Ms.
B.Odongerel
Community
Based
Labour, Ms. B.Undrakh
Criminal Punishment for
Bribery, Ms. Z.Uyanga
Fines an Alternative to
Prison Sentence presented
in this seminar. As well as,
from the Law Enforcement
University Dr. O.Zorigt and
Dr. S.Gantulga presented
a paper called Trends
of Sentencing Policy of
Mongolia: On an Illustration

of the Draft Criminal Law of


Mongolia in that seminar.
Perspectives for further
cooperation between the Max
Planck Institute for Foreign
and International Criminal
Law and the National
Legal Institute have been
also discussed during this
collaborative seminar. In that
vein, information security and
cyber crime, terrorism, white
color crime, environmental

crime etc. certain topic


areas were highlighted as
possible for evolving further
collaborative
research.
Moreover,
agreement
of
exchanging
young
researchers,
particularly
enabling
Mongolian
researchers to do research
work at the Max Planck
Institute for International and
Foreign Criminal Law was an
important step for developing

Mongolian researchers
in the field of criminal
law and criminology.
As the research institute,
the National Legal
Institute will publish all
presentations of this joint
seminar for source of
academic and practical
purposes.
Hopefully,
this proceeding would
be an interesting and
useful source in the area
of punishment policy.
Moreover, field trip
to Freiburg Prison,
Baden-Wrttemberg Police
University and the European
Court of Human Right was
the greatest opportunity
to overview enforcement
process
of
criminal
punishment and related
academic
and
practical
environment of criminal
justice.

Continued on Page 4

The Freiburg prison


The delegates from Mongolia
visited the Freiburg prison
and acquainted with the prison
condition and implementation
of prison sentences. In general,

The
issue
of
re-socialization
and
rehabilitation is one of the
most important aims of the
Germanys
punishment

be important not to isolate


inmates from the society and
from their families, relatives
and friends.
In addition to that at the

psychologist. Moreover, a
number of group therapies
are provided, including a
treatment program for sex
offenders, social competence

in Germany incarceration
is used less frequently and
for shorter periods of time.

policy.
The Freiburg prison is located
right in the city and this might

Freiburg prison, all inmates are


offered work and individual
counseling sessions with a

training and a program for


control of addiction etc.

November 2015

33

MONGOLIAN LEGAL REGULATIONS IN CYBERSPACE

By L.Galbaatar
Lawyer, Member of
MONGOLIAN BAR
ASSOCIATION
Author of Cyber Law and
Resolving a Cybercrime
Case by a Court
By the United Nations
E-Government
survey,
Mongolia ranked in 76 out
of 193 countries by 2012
and in 65 by 2014. The
Mongolian
Government
adopted the E-Governance
National Program in 2012
which will be implemented
until 2016. This is the action
program of the Mongolian
government and its agencies
and it also included to the
National Security Concept
as considered a main policy on
e-governance and information
security over the country.
Guarantee for human
rights and freedom in
cyberspace
On 18 December 2013 the UN
General Assembly adopted the
resolution no 68/167 on the
Right to Privacy in the Digital
Age, which called its member
States to make measures to
put end to violations of the
right to freedom of expression,
right to seek and receive and
disseminate the information
in the digital age. Although
Mongolia as a UN Member
State, adopted yet its policy
and regulatory act on guarantee
for human rights and freedom
in the digital age, however the
information new advanced

technology
and
internet
using
practice
has
been
increasing
constantly in each
year.
Legal regulation
on data
protection
Nowdays
has
created
that
condition
to
impact negatively
to the safety and
inviolability
of
the
information,
organizational data as well
as secrecy on private matter
regarding to lack of citizens
knowledge and culture on
legal issues. In addition, might
be included the legitimate
uncertain circumstance on
this matter in Mongolia. The
Information
technology,
Post and Telecommunication
Authority of Mongolia has
been forming working group
to develop a draft law on Data
protection.
Legal regulation on cyber
crime
According to Criminal Code
of Mongolia, to the target
or object of the cyber crime
attacks included PC, software
program, hardware devices,
data that saved and transmitted
through information network,
data protected network and
computer based data.
According to the National
Program for Information
Security public organizations
such as National Intelligence
Agency, National Police
Authority and Information
technology,
Post
and
Telecommunication
Authority are responsible
for implementation of to
combat cybercrime.
Main
purpose of this program
is by creating electronic
database
of
Mongolian
government agencies and nongovernmental organizations,
citizens, businesses and the
supporting
infrastructure

through
the
gradual
implementation of measures
to ensure the security of
national security and citizens
fundamental
rights
and
freedoms will be provided to
ensure.
Legal issues on censorship
and internet filter
According to the resolution
No 8 of 2011 on General
Condition and Requirement
on Digital Content adopted
by
the
Communications
Regulatory
Committee
(CRC) of Mongolia and
which
amended
twice
between from 2012 to 2014,
Internet providers must use a
government specified filtering
system. Also the IP address
of the customers shall be
publicly visible under the usergenerated content. It has been
restricting the individuals
right to anonymity in unlawful
way. Currently, by 1 April
2015, in total 217 websites has
restricted their access from
Mongolia by CRC.
Actions towards to the
National Security
The National Cybersecurity
Center of General Intelligence
Agency is the officially
recognized agency responsible
for implementing a national
cybersecurity strategy, policy
and roadmap in Mongolia.
In addition, the National
Cybersecurity Center has
been forming working group
to develop a Draft Law on
Cyber Security. The Minister
of Justice and Chairman of the
General Intelligence Agency
are approved by the joint
decree the concept of Draft
Law on Cyber Security.
There is a need for Mongolia
to become a party of the
Convention on Cybercrime
which was adopted on 23
November 2001 in Budapest.
Mongolia has defined its
foreign policy to engage
actively in the international
peacekeeping operation and
continue to develop a bilateral

and
multilateral
relation and cooperation with
other countries including its
two neighboring countries,
USA,
NATO
Member
countries, European Union,
Asia and the Pacific region
countries in the field of
national security and defense.
Conclusion
In Mongolia since 2010,
protecting human rights in
cyberspace by discussion
on the way of experience
domestically as well as
international standard and the
information flowing activities
are being intensified and
sustained.
Even-though
Mongolian
E-government is raised steady,
human rights and freedoms are
not to be considering on cyber
space. The official responsible
of government for the human
rights and freedom in cyber
environment on human rights
related skills and experience
levels, adoption of laws are
required to protect by law. /
Cyber security legislation,
Data protection act/
Deciding on the court of
cybercrime cases a very few
then the cybercrime victims
who did not know themselves
attacked
to
cybercrime.
Such as this investigation of
organization is not announced
that information security and
influencing to conceal business
activities.
The government agency has
been limited by regulation
and serving the law. There
should be internet user
comments, content making,
sharing their expression,
freedom of decision of the
court. To conduct the cyber
freedom by using rule of
domestic
co-operation.
Moreover, Mongolian policy
should to reach to next level
of acceptance though the
international cooperation.

November 2015

33

PROFESSIONAL LEGAL ENGLISH TRAINING

Training aim
Legal advisors of legal
entities,
professional
lawyers and other interested
practitioners will be trained to
translate relevant Mongolian
laws,
legal
documents,
particularly
founding
agreements of companies
and different commercial
contracts.
Training peculiarity
Various legal documents,
sample sale contracts, which
are widely used in commercial
practice in Mongolia, will be
used during the training.
Training dates and length
The Training will be held
from 17th of November to 1
7th of December, 2015 on
Tuesdays and Thursdays at
18.80-20.00 at the National
Legal Institute. Overall, the
course length is 9 days and 18

hours of intense study.


Group size: Maximum 30
people

Certificate
after
the
completion of the Training.

Fee:
150000
MNT
(Legal English Translation

Content of Training:
Service
agreement:
Sample contracts

Handbook,
sample
agreements, notebook and
pen are included). The fee
should be paid to the account
900012009 of the State Fund.
Participants
will
have

Contract law
Company law
Dispute
resolution
system
Labour law
Intellectual property law

Competition law
Founding agreements of
companies
International investment
law
Requirements for
Training:
To
possess
upper
intermediate level of English
To have possibility to
devote time for self study and
translation
Teachers:
-Doctor I.Idesh
-D.Sarantuya,
Senior
lecturer at Foreign Language
Center, School of Sciences
of the National University of
Mongolia
-N.Tsogt, Attorney at law
-B.Undrakh,
Policy
researcher of the NLI.
If you want to register
Professional legal english
training. Please call 312825.

THE EUROPEAN COURT OF HUMAN RIGHTS


The European Court of
Human Rights is based in
Strasbourg, France and it is
an international court set up

the European Convention


on Human Rights. The
judgments of the Court are
binding on the countries

in 1959. It rules on individual


or state applications alleging
violations of the civil and
political rights set out in

concerned, thus, governments


concerned have to alter their
legislation and administrative
practice in accordance with

Editor-in-Chief
Bilguun Ganzorig

the respective judgments.


The delegates from Mongolia
met with the Croatian judge

experience to hear the latest


cases and relevant decisions
concerning the punishment

of the European Court of


Human Rights Prof. Ksenija
Turkovi. It was an interesting

policy and prison system in


the Europe from Prof. Ksenija
Turkovi.

The registration
number-1197

Address: Ulaanbaatar-46, Chingis khaans square-7,


The National legal institute of Mongolia
www.legalinstitute.mn

2003

500

You might also like