Some of the provisions of the Law on Court Decision Enforcement violate the Constitution
The Session of justices of the Supreme Court of Mongolia on April 19, 2018 has been submitted to the Constitutional Court of Mongolia for conclusion on whether the provisions of Articles 27.1.5 and 73.3 of the Court Decision Enforcement Law are conformity with the Constitution of Mongolia.
On October 10, 2018 the Constitutional Court of Mongolia made a session at the request of the Supreme Court that the whatever Article 27.1.5 of the Law on Court Decision Enforcement Article violates Article 1 paragraph 2, Article 16 paragraph 14, Article 49 paragraph 1, Article 50 paragraph 3 of the Constitution and Article 73.3 of the Law on Court Decision Enforcement violates Article 14, paragraph 1, of the Constitution.
the Constitutional Court of Mongolia concluded and states that Article 27.1.5 of the Law on Court Decision Enforcement "no asset or income can be charged and the payment of assets and income cannot be compromised by means specified by law" violates Article 1 of the Constitution of Mongolia "... justice, ... equality ... is the fundamental principle of the state of affairs", Article 16, paragraph 14, "... if the rights and freedoms have been violated, the complaint to the court for the protection of their rights …” and Article 73.3 of the Law on Decision Enforcement states that "In case of transfer of immovable property not purchased by the auction, except for those specified in 73.5 of this law, the price shall be reduced by 50 percent” which violates Article 14 of the Constitution of Mongolia " Everyone who is legally residing in Mongolia is equal before the law and the court".