¹33

II IIIIV I

Mongolian legal Regulations in

CybeRspaCe

“Current Trends in Criminal

Punishment” was organized at the Max Planck

Institute

Media Law Workshop

Defamation, Online

Expression and Self-regulation

November 2015

The 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 Self-regulation 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

club. The trainer Toby Mendel

Media Law Workshop Defamation, Online Expression and Self-regulation

LEGAL NEWSGerman-Mongolian Joint Seminar on “Current Trends in Criminal Punishment” was organized at the Max Planck Institute for Foreign and International Criminal Law

Executive Director, Centre for Law and Democracy will conduct this training course and some Mongolian experts

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.

German-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-Jörg 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.Erdem-Undrakh 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

PROFESSIONAL LEGAL ENGLISH

TRAINING

2 ÕÓÓËÜ Ç¯ÉÍ ÌÝÄÝÝ November 2015 ¹33

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

German-Mongolian Joint Seminar on “Current Trends in Criminal Punishment” was organized at the Max Planck

Institute for Foreign and International Criminal Law

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

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

The issue of re-socialization and rehabilitation is one of the most important aims of the Germany’s punishment

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

The Freiburg prison

be important not to isolate inmates from the society and from their families, relatives and friends. In addition to that at the

Freiburg prison, all inmates are offered work and individual counseling sessions with a

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

training and a program for control of addiction etc.

3ÕÓÓËÜ Ç¯ÉÍ ÌÝÄÝÝ November 2015 ¹33

By L.GalbaatarLawyer, 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

cyberspaceOn 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 T e l e c o m m u n i c a t i o n Authority are responsible for implementation of to combat cybercrime. Main purpose of this program is by creating electronic database of Mongolian government agencies and non-governmental 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 filterAccording 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 user-generated content. It has been restricting the individual’s 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.

ConclusionIn 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.

MONGOLIAN LEGAL REGULATIONS IN CYBERSPACE

4 ÕÓÓËÜ Ç¯ÉÍ ÌÝÄÝÝ November 2015 ¹33

Address: Ulaanbaatar-46, Chingis khaan’s square-7, The National legal institute of Mongolia

www.legalinstitute.mn

The registration number-1197

2003 îíîîñ õýâëýãäýâ ÕÓÓËÜ Ç¯ÉÍ ¯ÍÄÝÑÍÈÉ Õ¯ÐÝÝËÝÍÃÈÉÍ ÑÎÍÈÍ ¯íý 500 òºã

Editor-in-Chief Bilguun Ganzorig

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

in 1959. It rules on individual or state applications alleging violations of the civil and political rights set out in

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

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

THE EUROPEAN COURT OF HUMAN RIGHTS

the respective judgments. The delegates from Mongolia met with the Croatian judge

of the European Court of Human Rights Prof. Ksenija Turković. It was an interesting

experience to hear the latest cases and relevant decisions concerning the punishment

policy and prison system in the Europe from Prof. Ksenija Turković.

Training aimLegal 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 peculiarityVarious 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

PROFESSIONAL LEGAL ENGLISH TRAINING

hours of intense study. Group size: Maximum 30 people

Fee: 150’000 MNT (Legal English Translation

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

Certificate after the completion of the Training.

Content of Training:• Service agreement:

Sample contracts

• Contract law• Company law• Dispute resolution

system• Labour law• Intellectual property law

• Competition law• Founding agreements of

companies• International investment

lawRequirements for

Training: •To possess upper intermediate level of English •To have possibility to devote time for self study and translationTeachers:-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.