Beruflich Dokumente
Kultur Dokumente
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
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
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,
November 2015
33
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
issue
of
re-socialization
and
rehabilitation is one of the
most important aims of the
Germanys
punishment
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
November 2015
33
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
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
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.
Editor-in-Chief
Bilguun Ganzorig
The registration
number-1197
2003
500