Author
Prof Buyankhishig Bat-Erdene
Organisation/Institution
National University of Mongolia, School of Law
Country
MONGOLIA
Panel
Private Law
Title
“Participation of the Prosecutor in Civil Proceedings: Concerns from the Rule of Law Perspective, A Comparative View”
Abstract
In many developing countries, including Mongolia, where administrative bodies are not as well established as in Western nations, the involvement of the public prosecutor in civil proceedings is seen as a pragmatic solution to compensate for damages faced by the state and individuals. Article 31 of the Mongolian Civil Procedure Law (CIPL) governs the role of the public prosecutor in civil processes. From a comparative perspective, the role of the prosecutor is typically met with skepticism regarding its participation in civil proceedings. The involvement of the public prosecutor may raise significant rule of law concerns, particularly when evaluating the principles of judicial independence and the separation between the public prosecution service and the civil justice system. Civil proceedings primarily focus on the rights and interests of the parties involved, while the public prosecutor has traditionally been tasked with the prosecution of criminal offenses. The prosecutor's intervention in civil disputes could compromise the neutrality of the proceedings and undermine the principle of a fair trial. The advantages and disadvantages of such regulations through procedural law must be carefully assessed to ensure that the principles of the rule of law are upheld. However, the concerns from a rule of law perspective can be viewed in light of the deficiencies of certain institutions in developing countries. This article examines the application of Article 31 of the CIPL in its historical context and its alignment with rule of law principles. Furthermore, it will analyze the cases that support this involvement as a potential justification. In conclusion, it will evaluate these justifications in relation to state capacity over time.
Biography
1.HIGHER EDUCATION 2000-2005 Law study at Freiburg University, Germany 2.POST GRADUATE 2008-2009 LL.M, School of law – NUM, Ulaanbaatar, Mongolia 2015-2018 LL.M, Hagen University, Germany 2021 Ph.D. in Law, NUM, Ulaanbaatar, Mongolia 3. WORK EXPIERENCE 2007-2008 Researcher at Anti-Corruption Agency, Mongolia 2008-2009 Private teacher, NUM, Ulaanbaatar, Mongolia Since 2009 Lecturer Private Law department of School of law, NUM 4.PUBLICATIONS - Civil Law of Mongolia General Part, - Civil Law of Mongolia - Special Part, - Law of Obligations /Second Ed., 2017/ - Civil Procedure in Mongolia /2021/ - Codification of Private Law – Comparative View /2021/ 5. RESEARCH FIELD: - Civil law, commercial law, Civil Procedure Law
