2. Legislators shall designate organizations and officials to use "special technical equipment for intelligence activity " in the laws, such as Article 8, Section 8.1 of the Law on Intelligence Activity, and Clause 12.1.3 of Article 12 of the Law on Intelligence Organizations, and use by persons not authorized by law, prohibiting the sale of personal, family, correspondence, correspondence, privacy of the citizen to prevent from criminal attacks, as well as to interfere with the work of investigation authorized by law, detection of criminal cases and secret operations to identify the person who committed the crime. The provisions of the law were adopted as part of the prevention policy. Sixteenth Article of the Constitution of Mongolia, Article 12 of the Universal Declaration of Human Rights, Article 17 of the International Covenant on Civil and Political Rights, Article 3, Sections 3.3, 3.4, and 3.5 of the Law on Personal Data Protection. According to this provision, citizens and legal entities own and possess devices such as hidden cameras, hidden cameras and wave detectors, voice and GPS location transmission devices, pen cameras, flash cameras, adapter cameras, or devices such as hidden cameras installed in ordinary consumer items, The right to use movable and immovable property, to protect the life and health of one's own and family members, and to prevent crimes and violations, is defined differently by law. Therefore, as specified in Article 6, Section 6.3 of the Law on Intelligence Activity, "special equipment for intelligence activity" means equipment, components, and software intended for secretly finding, collecting, transmitting, receiving, and detecting information, data, and documents." means that Article 13 of Article 16 and Part 1 of Article 19 of the Constitution of Mongolia have not been violated. ..." said. Three. The dispute at the Constitutional Court of Mongolia was reviewed on May 17, 2023 at the hearing of the Medium Bench, and judgement No. 03 was issued. In the Grounds section for Judgements: "1. The State Great Khural (Parliament) of Mongolia approved the Law on Intelligence Activity on December 19, 1997, and in Article 6, Section 6.3 of the Law, "Special technical equipment for intelligence activity" is used to secretly find and collect information, data, and documents. refers to the technique, equipment, its components, and software intended for transmission, reception, and detection. The provision of criminal liability in the case of sale was enacted on January 10, 2020 by adding an amendment to Section 2 of Article 21.13 of the Criminal Code. 2. The Constitution of Mongolia Clause 13 of the sixth article states that a citizen of Mongolia "has the right to be personal liberty and safety and free. It is prohibited to arbitrarily search, arrest, imprison, investigate , or limit the freedom of a citizen outside the grounds and procedures prescribed by law. ... the privacy of communication and the inviolability of the home shall be protected by law;" The right to privacy and freedom of a person is guaranteed as a fundamental right. The provision not only restricts the right to freedom of inviolability but also prohibits arbitrary encroachment. In this way, the term "arbitrary" refers to the prohibition of extra-legal restrictions on human rights, as well as the prohibition of setting norms that can be interpreted in an overly general, broad, and ambiguous sense. This is due to the fact that competent government agencies and officials interpret and implement such laws arbitrarily, and there is a risk of violating human rights and freedoms. Therefore, in Section 1 of the Nineteenth Article of the Constitution of Mongolia, "The state shall be responsible to its citizens to create legal and other guarantees to ensure human rights and freedoms, to fight against violations of human rights and freedoms, and to restore the enjoyment of violated rights." stated that. 3. When determining the reasons and procedures for restricting a person's right to privacy and freedom, the legislator is responsible for formulating the law in a way that is unambiguous and clearly understood by the organizations that implement the law and citizens, and legislate in such a way that citizens can predict and know about the consequences and responsibilities of violating the law. In this way, law enforcement agencies and courts will apply the law in one sense, citizens whose rights and freedoms are limited by the law will conform their behavior to the law, and foresee and predict the legal consequences. This is related to the principle of legalization or ensuring legal certainty with clear and understandable formulas in accordance with the specifics of the relationship regulating the conditions, goals, and scope of legal regulation that restricts human rights and freedoms. 4. According to the explanations and documents obtained from the citizens who submitted the information and the authorized representative of the State Great Khural (Parliament) of Mongolia, as well as the General Intelligence Agency and the General Prosecutor's Office of Mongolia, it can be seen that the content of the controversial regulation is understood and interpreted in different ways. Also, according to the expert's opinion, "... it is impossible to regulate one's own behavior after reading Section 6.3 of Article 6 of the Law on Intelligence Activity. In other words, if a person uses any equipment, the General Intelligence Agency will confiscate that equipment, or it is not possible to calculate in advance that it will not be received...." said. It is not clear whether the "detection" devices included in the concept of special enforcement equipment include mobile phone software that detects hidden cameras or computer software designed to prevent cyber attacks, or what devices and software a citizen can use to protect his or her personal information. Based on the above, the disputed regulation of Article 6, Section 6.3 of the Law on Intelligence Activity does not meet the requirements of the Constitution of Mongolia for clear laws, and limits the ability of citizens to predict criminal liability arising from violations of laws and regulations, and to change their behavior in accordance with the law there is reason to believe that the right to privacy, inviolability and freedom have been violated. 5. The principle of proportionality is a common criterion used to determine whether human rights and freedoms guaranteed by the Constitution have been violated. Within this principle, it is possible to limit the rights and freedoms of citizens by law in accordance with the legitimate goals of the state. When adding the relevant regulation to the Law on Intelligence Activity, the legislator did not specifically discuss the purpose of the provision. In the explanation submitted by the authorized representative of the State Great Khural (Parliament) of Mongolia, it is necessary to prevent the inviolability of personal and family correspondence, and the inviolability of the home from criminal attacks, as well as to carry out secret operations in the field of investigation, detection of criminal cases, and