Interim Measures in Judicial Proceeding in Mongolia

1) What conditions must be met for the application of interim measures in Mongolia?

• In civil proceedings, claimants may submit a formal request solely in the case of monetary claims. Interim measures should be implemented in a manner that avoids disrupting the debtor’s financial obligations, normal business operations, revenue streams, or product quality.
• In administrative proceedings, the implementation of administrative decisions may be delayed until the case is finally resolved unless (i) it causes serious damage to the lives, health, and properties of other persons or clearly harms legal entities or public interests; (ii) it is a decision regarding official taxes, payments, and fees; (iii) it is a decision on the elimination of infringements; (iv) it is a decision on registration in the list of entities restricted from participating in tender; and (v) it is a decision to be implemented without disputes (if provided by law).
• In criminal proceedings, interim measures may be implemented (i) to ensure normal proceedings, (ii) to prevent any hindrance in the proceedings and commitment to further crimes by culprits; (iii) if the culprit attempted to abscond or absconded from criminal proceedings; (iv) if there are facts & information that the culprit has harassed, threatened, influenced, or threatened their (judge, prosecutor, detective, victim, witness, expert, or accomplice) lives and health; (v) if there are facts & information that the culprit might harm human lives, health, and property, or abscond, or destroy, change, transport, conceal, lose, or forge traces of the case, material evidence, or evidence; or commit a crime, or complete the crime; (vi) if the previous interim measures have been breached, or the culprit has failed to come upon official call without any reasonable grounds.

2) What types of interim measures can be applied by Mongolian courts?

• In civil proceedings, interim measures may involve seizing the defendant’s property or monetary assets, prohibiting certain actions related to their property, suspending withdrawal transactions, depositing the claimed amount with a designated authority, or requiring the defendant to perform or refrain from specific actions.
• In administrative proceedings, implementation of the administrative decision may be delayed until the case is finally resolved.
• In criminal proceedings, interim measures may involve requiring a personal guarantee, suspending certain activities and official duties, imposing restrictions, seizing collateral, detaining the individual, and placing them under the supervision of a military unit commander. 

3) What documents and evidence are required to file a motion for interim measures?

An official request shall be required.

4) How long do interim measures last in Mongolia?

Interim measures are valid until the case is finally resolved in civil and administrative proceedings. The length of specific interim measures in criminal proceedings may vary and be extended, changed, or revoked from time to time.

5) Can interim measures be appealed in Mongolia?

In civil and administrative proceedings, the defendant may appeal the decision on interim measures within the legal period. In criminal proceedings, a request to change or revoke the interim measure may be submitted at any time during the proceedings.

Authors: Buyanjargal Tungalag, Khulan Ganbold