other or authorized organizations in carrying out their main functions as prescribed by law. This is because it is impossible for a citizen to distinguish and know whether the action directed at him is illegal or is being carried out by the authorized body within the framework of the law. As a result, the activities of authorized organizations in the field of ensuring national security and detecting crimes are carried out in a secret and covert manner, so it is prohibited to disclose them to the target group or other persons in any way . ... If a person is involved in the crime specified in Article 21.13, Section 2 of the Criminal Code on the basis of the acquisition, use or sale of equipment and tools intended for "detection" specified in Article 6, Section 6.3 of the Law on Intelligence Activity, the said equipment and tools belong to the equipment intended for "detection" to being determined by an expert with special knowledge, it is decided whether to impose responsibility after determining whether the person under investigation for the crime knew or could have known the motive and purpose of the crime. Pursuant to the Constitution of Mongolia, the Law on Prosecutors, the Law on Intelligence Activity, and the Law on Criminal Procedure, the prosecutor's office shall carry out its functions of monitoring the above-mentioned activities continuously and single-handedly, and conduct secret investigations only in cases of necessity in accordance with the grounds and procedures specified in the law. We are working to prevent violations of human rights and freedoms by granting permission to conduct operations. In connection with the above explanations and justifications, the law cannot specify the names and types of special-purpose equipment and tools in terms of the requirement to be able to take responsibility as prescribed by law in case a person uses any equipment or tools, and to be able to anticipate their confiscation by intelligence agencies. However, in the "terms" section of the Law on Intelligence Activity, it should be resolved in such a way that the purpose and features of the "detection" equipment are reflected in detail and clearly. Therefore, in the event that "detection" in Article 6, Section 6.3 of the Law on Intelligence Activity is excluded, there will be difficulties in the activities of the authorities authorized to carry out intelligence activity, and as a result, the operations carried out by foreign special services, organizations, citizens, and persons cooperating with them will be against national security. It is believed that there will be a risk of loss of privacy and security in the operations of detecting, fighting crime, and protecting human rights and freedom from criminal attacks." Six. As part of the preparations for the hearing of the Constitutional Court to finally resolve the dispute, comments, clarifications and documents have been obtained from the State Great Khural (Parliament) of Mongolia, the General Intelligence Agency, and the Secretariat of the State Great Khural (Parliament) of Mongolia. The submitted explanations and documents contain information related to state and official secrets. THE GROUNDS: Section 6.3 of Article 6 of the Law on Intelligence Activity states that "special technical equipment for intelligence activity" means equipment, components, and software designed for secretly finding, collecting, transmitting, receiving, and detecting information, data, and documents. There is no reason to believe that the provision of "... refers to the technique, equipment, its components, and software intended for secretly detecting information, data, and documents..." violates the 13th clause of the Sixteenth Article of the Constitution of Mongolia "right to be inviolable and free. .. The privacy of citizens' personal and family, correspondence, and inviolability of their homes shall be protected by law;", Section 1 of the Nineteenth Article, "The state has the obligation to its citizens to provide legal and other guarantees to ensure human rights and freedoms shall be responsible". It is noted that in the context of guaranteeing human rights, it is desirable to improve the regulations of the Law on Intelligence Activity and legislate the term unambiguously. Article Sixty-four, Article Sixty-six, Part 3 of the Constitution of Mongolia, Article 31, Article 2, Article 32, Article 36, Article 3 of the Law on Constitutional Procedure in the Constitutional Court DECISION OF THE CONSTITUTION OF MONGOLIA: 1. Judgement No. 03 of the Constitutional Court of Mongolia, dated May 17, 2023, "Regarding the resolution of the dispute as to whether some provisions of Article 6, Section 6.3 of the Law on Intelligence Activity violate the relevant provisions of the Constitution of Mongolia", should be annulled. 2. Please note that this resolution is a final decision and will be effective as soon as it is issued. CHAIRMAN N. CHINBAT MEMBERS D. ODBAYAR SH. SOLONGO B. BUYANDELGER G. TUULKHUU G. BYASGALAN J. ERDENEBULGAN D. GANGHABAATAR