Expert discussion with the Supreme Court in Minsk on administrative court jurisdiction: Judges of the Supreme Court with the German experts Klaus Hage, presiding judge at the Minden Administrative Court, and Hans-Otto Bartels, former president of the Aurich Regional Court
Expert discussion with the Supreme Court in Minsk on administrative court jurisdiction: Judges of the Supreme Court with the German experts Klaus Hage, presiding judge at the Minden Administrative Court, and Hans-Otto Bartels, former president of the Aurich Regional Court

Strategic Framework

Legal Policy Starting Point

In 2019, the IRZ was able to continuously develop its cooperation in the field of law with Belarusian partners, which continues to meet with great interest.

OSCE has reported that the parliamentary elections held in November 2019 were conducted in a peaceful manner, although they were not consistent with international election standards according to the international OSCE election observation mission. Moreover, no opposition candidate was admitted, unlike in the parliamentary elections four years earlier.

Overall Concept

As part of the legal cooperation, IRZ collaborates with various partner institutions to discuss issues that are of particular interest from a rule of law perspective, as well as issues that address economic cooperation or are relevant to reform considerations on the Belarus side. IRZ‘s partner institutions are primarily the Ministry of Justice, the Constitutional Court, the Supreme Court and the Parliament. IRZ also cooperates with the Belarusian Bar Association and the Notary Chamber of Belarus as competent bodies for non-contentious administration of justice, as well as with the National Center of Intellectual Property. The following topics have been on the agenda so far: protection of human rights, protection of intellectual property, consumer protection, arbitration, civil and commercial procedural law and court organisation.

Administrative jurisdiction was also included in the cooperation for the first time in 2019, due to its particular importance for the rule of law.

It is also of major importance for IRZ to include law students and young legal professionals in the dialogue on the rule of law, which is why it has started a cooperation with the Faculty of Law at the Belarusian State University during the reporting year.

Focus of Activity in 2019

Constitutional Law/Human Rights and their Enforceability

  • Participation in consultations by the Council of Europe in cooperation with Belarus governmental institutions in Minsk concerning the law on regulatory legal acts
  • Expert conference in Minsk with judges of the Constitutional Court on “National constitutional law in the context of international law“

Civil and Commercial Law

  • Advising the Belarus Ministry of Justice in Minsk concerning amendments to the arbitration law
  • Expert conference with the National Center of Intellectual Property on copyright law in Minsk
  • Study trip to Munich for the National Center of Intellectual Property on trademark and patent law, as well as on copyright law and copyright collecting agencies
  • Trilateral work visit to Berlin on consumer protection (for Belarus, Moldova and Ukraine)

Administration of Justice

  • Study trip to Berlin on notarial law for representatives of the Belarus Ministry of Justice and the Notary Chamber of Belarus on the topics digitalisation, data protection and confidentiality; legal effect of the notarial deed; notarial liability; notary and company law; extension of notarial competences
  • Study trip to Aurich and Oldenburg on appeals in civil proceedings and aspects of court organisation
  • Expert meeting with the Supreme Court on administrative court jurisdiction in Minsk
  • Expert conference in Minsk with the Supreme Court on the harmonisation of the Code of Civil and Commercial Procedure in Belarus and on special aspects of administrative court jurisdiction
  • Expert conference on mediation and professional law for lawyers in cooperation with the German Federal Bar (BRAK) and the Belarus Bar Association in Minsk

Basic and Further Training

  • Initial lecture at the Belarusian State University in Minsk on the principles of administrative procedural law

Outlook

IRZ will continue its bilateral work with the aforementioned partners and pursue these important topics. As an important aspect of reliable investment conditions, IRZ will also seek to discuss questions of administrative procedural law in the future. In cooperation with the Belarusian Bar Association and the Belarusian State University, IRZ will increasingly focus on the protection of human rights in the application of the law.