Article 4. Candidates for Commissioners

4.1. A candidate for Commissioners shall be a Mongolian citizen of high legal and political qualification, with appropriate knowledge and experience in human rights, with a clean criminal record and who has reached the age of 35 (thirty-five).

Article 5. Nomination of Candidates for and Appointment of Commissioners

5.1. The Speaker of the State Great Hural (Parliament) shall nominate names for candidates for Commissioners to the State Great Hural on the  basis of respective proposals by the President, the Parliamentary Standing Committee on Legal Affairs and the Supreme Court.

5.2. If the State Great Hural declines to appoint a candidate as a Commissioner, then the Speaker of the State Great Hural shall submit the name of another person within 14 (fourteen) days in accordance with procedure provided in Art. 5.1.

5.3. A name of the same person shall not be nominated again.

5.4. The State Great Hural shall consider and decide on this issue within 30 (thirty) days from the date of submission of the names for candidates 

5.5 In case any of Commissioners has been released, resigned from his/her official position or deceased before the expiry of the term of his/her office, the Great State Hural shall appoint replacement for that Commissioner within 60 (sixty) days from that date in accordance with this Law.

5.6. A Chief Commissioner shall be appointed for a term of 3 (three) years from among Commissioners by the State Great Hural, based on the proposal by the Speaker of the State Great Hural.

5.7. Commissioners shall not hold any job or office concurrently other than that mandated by this Law, except that of engaging in training and research. If any of Commissioners has been holding another job or office before his/her appointment, then he/she shall be released from that job or office from the day on which he/she has taken an oath of office.

Article 6. Term of Office of Commissioners

6.1. A single term of office for Commissioners shall be 6 (six) years.

6.2. Powers of Commissioners shall start by taking an oath of office to the Constitution of Mongolia, and shall end by the swearing in of the newly appointed Commissioners.

6.3. Commissioners may be re-appointed only once.

Article 7. Swearing in of the Members of Commission

7.1. Commissioners shall take an oath of office to the Constitution of Mongolia within 30 (thirty) days from the date of appointment by swearing in: ‘I do swear to observe faithfully the Constitution of Mongolia, and to fulfill dutifully my obligations to promote and protect the human rights and freedoms, which are guaranteed in the laws and international treaties of Mongolia.’

7.2. The Speaker of the State Great Hural shall approve the procedure for ceremony of taking an oath by Commissioners.

Article 8. Release and Suspension from the Office, and Dismissal of Commissioners

8.1. The State Great Hural shall release a Commissioner from his/her office in the following cases:

8.1.1. A Commissioner has been nominated as a candidate for the President of Mongolia, or for the Member of the State Great Hural;

8.1.2. A Commissioner has been appointed or elected to another official position;

8.1.3. A Commissioner has requested on his/her own because he/she becomes unable to exercise his/her powers due to health conditions or for any other excusable reasons.

8.2. The State Great Hural shall discuss and make a decision within 14 (fourteen) days from the date of receipt of a proposal and decision from the competent authority on whether to suspend his/her powers, if a Commissioner has been implicated in the crime, as well as has been arrested as provided in Art. 23.1 of this Law.

8.3. The State Great Hural shall restore his/her powers and adopt a resolution to that effect, on the basis of a decision by the competent authority or official, which has established that a Commissioner has not been implicated in the crime or not guilty of committing it.

8.4. The State Great Hural shall dismiss him/her from the office and adopt a resolution to that effect, if a crime, which has been proved to be committed by a Commissioner, and a final binding judgement to that effect by the Court has come into force.