Kazakhstan - annual report 2016

Details
Published: June 1, 2017

Seminar on “Criminal law offences in the Criminal Code of the Republic of Kazakhstan”: Yerbol Rakhimbekov, Judge at the Supreme Court; Abai Rakhmetulin, Presiding Judge at the Criminal Chamber of the Supreme Court; Christian Roch, Sonthofen District Court (from left to right)

Seminar on “Criminal law offences in the Criminal Code of the Republic of Kazakhstan”: Yerbol Rakhimbekov, Judge at the Supreme Court; Abai Rakhmetulin, Presiding Judge at the Criminal Chamber of the Supreme Court; Christian Roch, Sonthofen District Court (from left to right)

Strategic Framework

Legal Policy Starting Point

The European Union and the Republic of Kazakhstan signed an extensive partnership and cooperation agreement in December 2015. This continues and extends the EU’s Central Asian Strategy dating from 2007. Numerous EU projects in the sphere of the rule of law, business, education and the environment are supported and implemented. The IRZ also participated in an event of the EU project “Rule of Law” in 2016.

Early elections to the Lower House of Parliament (Mazhilis) took place in Kazakhstan on 20 March 2016. The President’s party “Nur Otan” was victorious in securing 82.15 % of the votes. Two of the opposition parties, “Ak Zhol” (7.18 %) and the “Communist People’s Party” (7.14 %), were once again voted into Parliament. According to the electoral authorities, election turnout was around 77.1 %.

The Republic of Kazakhstan celebrated 25 years of independence on 16 December 2016. Many events took place to celebrate this anniversary, amongst other things also including the Constitutional Law Conference, which takes place every year in August on the Day of the Constitution.

Overall Concept

Since the end of 2009, the IRZ has supported the Republic of Kazakhstan with extensive judicial reforms. The IRZ has intensively supported the Kazakh partners in recent years with the reform of the Criminal Code and the Code of Criminal Procedure, which are amongst other things also oriented towards the German legislation. The consulting focus in the reporting year concentrated on the spheres of constitutional law, civil and commercial law, the administration of justice, criminal and criminal procedure law, and on basic and further training. In addition, the IRZ also conducted events on legislative procedure and patent and trademark law. The IRZ continued its intense cooperation with the General Prosecutor’s Office, the Supreme Court, the Constitutional Council and the Ministry of Justice.

The cooperation with the General Prosecutor’s Office focused on consultations on the Code of Criminal Procedure and on the subject of staff management at the Public Prosecutor’s Offices.

The central focus of the joint events with the Supreme Court continued to be on the introduction of the investigating judge in criminal procedure and – regarding criminal law offences – in the distinction between criminal offences and regulatory offences.

The IRZ continued its successful cooperation with the Constitutional Council in the sphere of constitutional law as well as criminal and civil law with regard to the protection of human rights. In the autumn of 2016, the Constitutional Council participated in the OSCE Conference in Warsaw.

In cooperation with the Ministry of Justice, the IRZ intensified consultations in the spheres of intellectual property and patent law.

Foci of Activity 2016

Constitutional Law / Human Rights and their Enforceability

  • Study trip entitled “Legal regulation of demonstrations and rallies in Germany. Measures and means against public disturbance of the peace and riots” with the General Prosecutor’s Offices in Berlin and Potsdam
  • International constitutional law conference in Astana entitled “Constitution – basis for a dynamic and stable development of society and the state” with the Constitutional Council
  • Podium discussion in Warsaw entitled “Legal and judicial reforms in OSCE participant states and German support” in the course of the OSCE conference with the Constitutional Council
    Civil and Commercial Law
  • International conference in Ak-Bulak (near Almaty) entitled “Modernisation of the civil procedural law” with the Supreme Court and the Constitutional Council
  • Conference in Astana on copyright law and related intellectual property rights with the Ministry of Justice
  • Seminar in Astana on the topic of intellectual property (geographical references and statements of origin) with the Ministry of Justice
  • Roundtable in Astana in the Lower House of Parliament on reforms in the sphere of intellectual property protection

Administration of Justice

  • Study trip to the General Prosecutor’s Offices in Münster, Trier and Wiesbaden entitled “Basic and further training systems” with the Further Training Academy at the Kazakh General Prosecutor’s Office
  • Study trip to Berlin for legislative consultation with the German Federal Ministry of Justice and Consumer Protection
  • Seminar in Almaty entitled “Ethical aspects in the work of the bailiff” with the Ministry of Justice of Kazakhstan
  • Participation by Kazakh representatives at the international conference entitled “Safeguarding the uniformity of jurisdiction as a task for the supreme courts” with the Association of Judges in Chișinău
  • Working visit in Berlin entitled “Legislative procedure and the legal monitoring of normative legal acts” with the Constitutional Council

Criminal Law and Penitentiary Law

  • International conference in Ak-Bulak near Almaty entitled “Modernisation of criminal procedure law” with the General Prosecutor’s Office and the Constitutional Council
  • Conference in Ust-Kamenogorsk on the role of the public prosecutor in criminal procedure together with the General Prosecutor’s Office
  • International conference in Astana entitled “Modern policy to combat corruption in the Republic of Kazakhstan: exchange of experience” with the Ministry for Affairs of State of the Republic of Kazakhstan, Anti-Corruption Department
  • Seminar in Astana with the Supreme Court on the special tasks of the investigative judge
  • Study trip to Berlin and Potsdam with the Supreme Court on the special tasks of the investigative judge
  • Seminar in Astana with the Supreme Court on “Criminal law offences in the Criminal Code of the Republic of Kazakhstan”
  • Study trip to Kempten and Sonthofen with the Supreme Court entitled “Criminal law offences. Accelerated proceedings. Domestic violence”
  • Study trip to Berlin and Potsdam with the Constitutional Council on “Criminal law investigation procedure”

Basic and Further Training

  • Participation by a lawyer at a course in Bonn offered by the Goethe Institute entitled “German for lawyers”
  • Working visit to the General Prosecutor’s Office in Mainz and Koblenz on the subject of staff management
  • Participation by Kazakh representatives of the Supreme Court in the multilateral internship programme for civil and commercial judges in Germany
  • Roundtable in Astana on the subject of staff management with the General Prosecutor’s Office

Outlook

Cooperation with the Kazakh partners in 2017 will continue to focus on consultations about the application of the Criminal Code and the Code of Criminal Procedure. In addition, issues concerning the appointment and qualification of judges and public prosecutors are likewise intended to receive further attention. The IRZ will also advise on the application of the new Code of Civil Procedure provisions. The intention is to continue the cooperation with the General Prosecutor’s Office, the Constitutional Council, the Supreme Court and the Ministry of Justice. Cooperation with the Chamber of Notaries and the Bar Association is intended to be resumed.

Download the entire IRZ annual report in PDF format here: annual report 2016.