Criminal Liability for Violations of the Quarantine Regime in State Border Areas and at Border Crossing Points: Legal Issues and Challenges

Abstract

Ensuring the security of Mongolia’s state borders and the effective organization of border protection activities are influenced by various social, economic, political, and epidemiological factors. Among these, the emergence and spread of particularly dangerous infectious diseases affecting humans, livestock, and wildlife constitute a significant challenge, particularly in the context of Mongolia’s traditional nomadic livestock husbandry and distinctive natural and climatic conditions. The outbreak of such diseases may necessitate the implementation of quarantine regimes and specific restrictions at designated sections of the state border. However, violations of established restrictions, regulations, instructions, and legal requirements may occur when individuals prioritize personal interests over public safety and collective welfare. Such violations can undermine the effectiveness of disease prevention and control measures and create additional challenges for state border security. Accordingly, this study highlights the need to examine and improve the legal framework governing liability for violations of quarantine measures and state border restrictions, with particular attention to the adequacy, proportionality, and effectiveness of applicable legal sanctions. Strengthening these legal mechanisms is essential to enhancing compliance, protecting public health, preventing the spread of particularly dangerous infectious diseases, and ensuring the security of Mongolia’s state borders.