Seminar on administrative jurisdiction in Nursultan

Dr. Christian Schaich, Administrative Director at the ZOiS, during his lecture, and Bernd-Friedemann Joop (seated on his right), a judge at the Administrative Court of Dresden
Dr. Christian Schaich, Administrative Director at the ZOiS, during his lecture, and Bernd-Friedemann Joop (seated on his right), a judge at the Administrative Court of Dresden
Kazakhstan

In partnership with the Academy of Justice at the Supreme Court of the Republic of Kazakhstan, a seminar on administrative jurisdiction was held in Nursultan on 5 April 2019. The seminar was aimed at students on the “Law” masters programme, providing them with an insight into the key structures of German administrative law.

The experts taking part on behalf of the IRZ were Dr. Christian Schaich, Administrative Director at the Centre for Eastern European and International Studies (ZOiS) in Berlin and Bernd-Friedemann Joop, a judge at the Administrative Court of Dresden.

The focus of the German expert lectures was on the following topics:

  • Principle of interpretation;
  • Principle of investigation,
  • Pre-trial procedures;
  • Deciding on a court hearing / pre-trial
  • Types of administrative claim.

The President of the municipal court of Nursultan and other judges also attended the seminar to follow the interesting explanations given by the IRZ experts.

Background information

As part of the extensive reform programme in Kazakhstan, focussing on advances in the legal and judicial system and in administration, the objective is to make further progress towards an independent administrative jurisdiction and a code of administrative procedure in the court system.

A code of administrative procedure has been drafted, regulating proceedings relating to public legal disputes between citizens and the authorities. In addition to this draft, an administrative procedural law is also being developed, which sets out the legal regulations for administrative proceedings.

High-profile conference on criminal law held in Akbulak, Kazakhstan

IRZ experts, Senior Public Prosecutor Andreas May (left) and Professor Dr. Bijan Nowrousian
IRZ experts, Senior Public Prosecutor Andreas May (left) and Professor Dr. Bijan Nowrousian
Kazakhstan

On 6 and 7 March 2019, the IRZ, together with the General Prosecutor’s Office and the Constitutional Council of the Republic of Kazakhstan organised an international conference in Akbulak in the Almaty region. The subject of the conference was “An effective penal policy and a modern model for criminal proceedings as a prerequisite for the proper protection of citizens’ constitutional rights.”

The annual events on current legal issues held in Akbulak offer a good platform for exchange between international experts and very high-ranking Kazakh participants. This year’s conference was also followed with great interest by the media.

The IRZ experts taking part were Senior Public Prosecutor Andreas May, head of the Centre for Combating Cyber Crime at the General Prosecutor’s Office in Frankfurt, and Prof. Dr. Bijan Nowrousian, a professor in criminal law and administrative offences at the University of Applied Sciences for Public Administration and Management of North Rhine-Westphalia in Münster. Speakers from Kazakhstan included Marat Akhmetzhanov, Deputy Prosecutor General of the Republic of Kazakhstan, and Rashid Zhakupov, Deputy Minister of Internal Affairs for the Republic of Kazakhstan.

The focus of the German expert lectures was on the following topics:

  • Procedural guarantees and protecting human rights in criminal proceedings,
  • asset recovery (including virtual currencies) – basics of the new German law and initial experience,
  • legal issues in the context of corruption offences,
  • record-keeping and inspection and
  • onus of proof and appraising evidence.
  • The Kazakh speakers looked in more detail at the subjects of the constitutional requirements for changes to criminal law and criminal procedural law and the modern practice of criminal investigation in criminal cases. 

In view of the continuing need for reform, it would make sense to continue holding these kinds of events in Akbulak, provided that this is possible in the context of the current political upheaval in Kazakhstan. They offer a good opportunity for discussion with high-profile representatives, thereby gaining a wide-ranging insight into the current legal situation in the country.

Delegation from the Supreme Court of the Republic of Kazakhstan visits Germany to discuss family law

Visit to the Regional Court of Kempten: the Kazakh delegation with Dr. Johann Kreuzpointner (centre), President of the Regional Court of Kempten
Visit to the Regional Court of Kempten: the Kazakh delegation with Dr. Johann Kreuzpointner (centre), President of the Regional Court of Kempten
Kazakhstan

In partnership with the Supreme Court of the Republic of Kazakhstan, a working visit on family law took place from 4 to 6 December 2018 in Sonthofen and Kempten. Six judges from various regions of Kazakhstan took part in this study visit.

The delegation visited the Local Court of Sonthofen, the Regional Court of Kempten and the City Youth Welfare Office in Kempten.

The context of the visit was the planned introduction of family courts in Kazakhstan. The event began with the participants being given an overview of German family law. The focus here was on the work of family courts in children’s matters and the cooperation between family courts and youth welfare offices. The programme also focussed on juvenile criminal law and the work of juvenile legal aid.

The direct discussions with German family judges, social education workers and employees of the youth welfare office were of particular interest to the delegation. Many practical issues were explained during these discussions.

A follow-up event is scheduled to take place at the beginning of 2019 in Kazakhstan.