First instance body dealing with electoral disputes

Law on the Election of the President of Mongolia (1993-02-15).

Chapter9

Article43 Settlement of Disputes relating to Presidential election

Anydispute relating to the Presidential election shall be settled by the ConstitutionalCourt, court and/or General Election Committee within the jurisdiction and inaccordance with procedure, as prescribed by laws.

http://www.ifes.org/~/media/Files/Publications/Election%20Law/1993/IFES_44/EL00547.pdf
 

OSCE/ODIHR Election Observation MissionFinal Report Presidential Election Mongolia (2013-06-26)

XII.COMPLAINTS AND APPEALS

Thecomplaints and appeals process is primarily regulated by the PEL, which does not establish asingle hierarchical structure of responsibility. In addition, theelection dispute resolution is regulated by various other laws, including theCivil Procedure Law, Criminal and Civil Codes, Administrative Law and the Lawon Petitions.

Differentagencies and/or courts have jurisdiction to decide various election-relatedmatters. Appeals against decisions of election commissions can be submitted tothe superior election commission, which must address them within three days, orto the Administrative Courts (with the exception of GEC decisions). While thePEL is silent on the issue, the GEC informed the OSCE/ODIHR EOM that itsdecisions can be appealed to the Chingeltei district court in Ulaanbaatar andfurther to the Supreme Court, or to the Constitutional Court for matterspertaining complaints regarding voter registration are considered by therespective civil registration bodies, and decisions of the SRA can be appealedto the Administrative Court. Under the PEL, all other complaints and violationsmust be first investigated by the police and, on its recommendation,adjudicated by local courts. Under the laws governing the judicial system,complaints can also be filed and appealed to higher courts, which shouldadjudicate them within the standard time limits. Since these time limits can amountto several months, they do not provide for timely and effective redress withinthe electoral period, as required by paragraph 5.10 of the 1990 OSCE CopenhagenDocument.

 Manycomplaints filed with the police or the AFCCP were also copied to the GEC andpertained to violations of campaign-related provisions; the EOM had nopossibility to verify if and how they were dealt with and if they receivedjudicial adjudication. The Capital City Prosecutor and the Prosecutor General’srepresentatives met with the OSCE/ODIHR EOM prior to election day and agreed toprovide information. The only information subsequently received by theOSCE/ODIHR EOM was that 4 complaints were received in the provinces and 12cases were received by the Capital City Police for investigation; of these, onewas forwarded for full criminal investigation.

Officefor Democratic Institutions and Human Rights,

http://www.osce.org/odihr/elections/105150