Practice of the Constitutional Courts – Study tour by a delegation from the Kazakh Constitutional Court

Photo: Delegation of the Constitutional Court of the Republic of Kazakhstan on "Practice of the Constitutional Courts" at the Federal Constitutional Court
Photo: Delegation of the Constitutional Court of the Republic of Kazakhstan on "Practice of the Constitutional Courts" at the Federal Constitutional Court
Republic of Kazakhstan

A study trip by a delegation from the Constitutional Court of the Republic of Kazakhstan on “Practice of the Constitutional Courts” to Germany and Austria took place from 8-14 October 2023 as part of the cooperation between the IRZ and the Gesellschaft für Internationale Zusammenarbeit GmbH (GIZ) (German Development Cooperation).

The delegation consisted of constitutional judges, representatives of the presidential administration and the Ministry of Justice and employees of the administration of the Constitutional Court of the Republic of Kazakhstan.

When in Germany, the delegation visited the Federal Ministry of Justice, the Federal Constitutional Court, the Constitutional Court of the State of Berlin, the Constitutional Court of the State of Brandenburg and the Centre for Eastern European and International Studies.

Topics discussed with the German included “independence of the judiciary”, “competence of the federal and state constitutional courts”, “the process of the preliminary examination and court hearing”, “legal training”, “legal research” and “selection process for research assistants”. The discussions focused on two themes in particular: the instrument of the constitutional complaint regarding the admissibility and merits test and the interaction between state constitutional courts and the Federal Constitutional Court. The participants also discussed issues around the organisation of the work of the judicial administration and the interactions of the court with the mass media.

The expert talks at the Federal Ministry of Justice essentially explored the aspects of constitutional court jurisdiction. The Kazakh participants were particularly interested in the relationship between the ministry and the Federal Constitutional Court, notably with respect to participation in the negotiations, the preparation of reports and the legal consequences of regulatory control.

The study trip was also supported by the program office of the Organization for Security and Co-operation in Europe (OSCE) in Astana.

Seminar on International Hague Conventions

During the seminar: Olga Ryl, Shakir Shayakhmetov, Aigul Zhamansariyeva, Zaure Keikibassova, Dr. Joanna Guttzeit, Christian Höhn (f.l.t.r.).
During the seminar: Olga Ryl, Shakir Shayakhmetov, Aigul Zhamansariyeva, Zaure Keikibassova, Dr. Joanna Guttzeit, Christian Höhn (f.l.t.r.).
Republic of Kazakhstan

Cross-border child abductions and the gathering of evidence present international courts with major challenges in practice. The IRZ and the Supreme Court and the Court Administration of the Republic of Kazakhstan therefore organised a seminar in Shymkent on 11-12 May, 2023 on “The Practical Application of the Hague Convention on the Civil Law Aspects of International Child Abduction dated 25 October, 1980 and on the Acquisition of Evidence Abroad in civil or Commercial Matters dated 18 March, 1970”. The event was held in hybrid form and was thematically linked to last year's series of seminars with the Ministry of Education of the Republic of Kazakhstan.

Speakers and participants discussed the problematic and urgent issues of the implementation of the two Conventions at an international and national level and discussed the main problems of the judicial application of the Conventions and the practice of interpretation. The organisers facilitated expert exchanges and networking among the judges at an international and national level.

Supreme Court judge Zaure Keikibasova opened the event and moderated the programme. International experts Philippe Lortie, First Secretary of the Hague Conference on Private International Law, Melissa Ford, Secretary of the Hague Conference on Private International Law, Christian Höhn, Head of Division at the Federal Office of Justice and RiinAG Dr. Joanna Guttzeit, Liaison Judge at the International Hague Liaison Judges Network/ Liaison Judge at the European Judicial Network also spoke at the event.

The international team of experts addressed the following topics in the presentations:

  • Details of the Hague Convention of 25 October, 1980 on the Civil Aspects of International Child Abduction
  • Court practice regarding the implementation
  • Cooperation between central authorities; in Germany, the Federal Office of Justice
  • Convention on the Taking of Evidence Abroad in Civil or Commercial Matters dated 18 March, 1970: theory and practice

The participants from Kazakhstan who gave lectures Zhanargul Alpysbayeva, President of the Astana Juvenile Court, Akmaral Kusherbayeva, Judge at the City Court of Astana and Olga Ryl, Head of the Public Foundation “Pravo”.

The group of participants consisted of representatives of the regional departments of the court administration, judges at the specialised national juvenile courts of the Republic of Kazakhstan, judge coordinators of the territorial and equivalent courts and specialists of the territorial court administrations responsible for international legal assistance.

The participants engaged in an intense dialogue. The attendees at the seminar and organisers expressed their mutual interest in further cooperation We are planning to continue the series of events next year.

Focus on the policy to combat corruption

Republic of Kazakhstan

The first online seminar on this topic was held on 17th March 2023 to kick off a series of training courses on the prevention of and combat against corruption, which the IRZ is planning in cooperation with the anti-corruption agency of the Republic of Kazakhstan in 2023.

The presentation of the two German experts, Senior Public Prosecutor Wolf-Tilman Baumert, Director of the Economic Crme Department at the Wuppertal Public Prosecutor's Office and Professor Dr. Bijan Nowrousian from the University of Police and Public Administration NRW in Münster focused on the following topics:

  • The anti-corruption policy in Germany
  • Whistleblowers
  • Effective anti-corruption measures
  • Conflicts of interest

Approx. 70 participants attended who were employees of various departments in the Anti-Corruption Agency of the Republic of Kazakhstan.

The presentations were practice-oriented, as both speakers have expert knowledge and extensive expertise in this area, which was extremely well received by the participants. The opportunity to report cases of corruption anonymously and to protect whistleblowers in Germany attracted particular interest.

An event on the subject of compliance is also planned in consultation with the Kazakh partner institution. The IRZ is thus expanding its consistent project portfolio in Kazakhstan.