Details

Kazakhstan - annual report 2018

Published: July 10, 2019
Delegation from the Supreme Judicial Council visiting the Ministry of Justice of Rhineland-Palatinate Secretary of State Fabian Scherf (centre)
Delegation from the Supreme Judicial Council visiting the Ministry of Justice of Rhineland-Palatinate Secretary of State Fabian Scherf (centre)

Strategic Framework

Legal Policy Starting Point

In January 2018, Kazakhstan became the first Central Asian country to hold the UN Security Council Presidency, during which the strategic development of Central Asia and Afghanistan were the main thematic priorities.

The European Union also emphasised its will to support development and stabilisation in the Central Asian region during the EU-Kazakhstan Cooperation Council in Brussels on 26 and 27 February 2018. The interest in continuing the cooperation with Kazakhstan is reflected in the new EU Central Asia strategy, whose adoption has been announced for 2019, as well as in the successful implementation of the Enhanced Partnership and Cooperation Agreement. Within this framework, future cooperation in rule of law, democracy, the protection of Human Rights and other areas will be intensified. At domestic policy level, the country‘s extensive reform programme focussing, inter alia, on progress in the legal system, judiciary and administration will continue unabated. The cooperation between the IRZ and its partners in Kazakhstan enhanced these reform efforts once again in the reporting year.

Overall Concept

In 2018 also, the focus of cooperation with the Republic of Kazakhstan was on criminal law, criminal procedure law and civil law. Cooperation with the Supreme Court and the Academy of Law Enforcement Agencies under the General Prosecutor’s Office was pursued intensively within these priorities. Significant importance was also assigned to cooperation with the Supreme Judicial Council and the Constitutional Council.

The measures taken with the Academy of Law Enforcement Agencies under the General Prosecutor’s Office during the reporting year focused largely on the area of cybercrime. The main emphasis of the joint events with the Supreme Court was on promoting the principles of criminal justice.

In October 2018, the IRZ organised a working visit on the topic of “Basic and further training of judges“ for a high-ranking delegation from the Supreme Judicial Council of the Republic of Kazakhstan, which is also responsible for setting the quality and recruitment requirements for the magistracy.

A seminar on copyright and neighbouring rights was held in April 2018 in Astana in cooperation with the Kazakhstan Ministry of Justice and was attended by a representative of the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA) on behalf of the IRZ.

Acting on a suggestion by the Embassy of the Republic of Kazakhstan, the IRZ organised a technical agenda for a working visit by a high-ranking delegation led by Vice-Minister Serik Zhumangarin from the Ministry of National Economy of the Republic of Kazakhstan to discuss issues of anti-trust law with German partners in Berlin and Bonn.

Foci of Activity in 2018

Constitutional Law/Human Rights and their Enforceability

  • International conference on the “Realisation of constitutional standards as a guarantee for effective criminal proceedings“ in Ak-Bulak
  • Support of the summer school on comparative constitutional law with KAZGUU University in Astana
  • Working visit by a delegation from the Constitutional Council of the Republic of Kazakhstan to North-Rhine Westphalia on the topic of protecting constitutional and human rights

Civil and Commercial Law

  • Seminar in Astana on copyright and neighbouring rights with the Ministry of Justice of the Republic of Kazakhstan
  • Round Table in Berlin on the topic of “20 years of anti-corruption legislation and the Agency for Civil Service Affairs in the Republic of Kazakhstan“
  • Working visit to Berlin and Bonn on the topic of anti-trust law by a high-ranking delegation led by Vice-Minister Serik Zhumangarin from the Ministry of National Economy of the Republic of Kazakhstan
  • Seminar in Astana on the topic of court mediation
  • Working visit to Sonthofen and Kempten on the issue of family law

Criminal Law and Penitentiary Law

  • Seminar “Legalisation of criminal revenues using electronic cash and virtual currency“ in Astana
  • Working visit to Frankfurt/Main on criminal proceedings
  • High-ranking visit by the Presidential Administration to Hannover, Nienburg and Sehnde on the topics of the penitentiary system and police training
  • International conference “Modern cyber-threats under the conditions of the emerging 4th Industrial Revolution“ in Astana
  • International seminar “Strategy to fight terrorism: new challenges and international experience“ in Koschi
  • Seminar in Astana on the topic electronic evidence in criminal proceedings

Basic and Further Training

  • Working visit to Trier and Mainz on basic and further training for judges
  • Attendance by Kazakh participants of the eighth “IRZ Summer School on German Law“ in Bonn

Outlook

Cooperation with the partner institutions in Kazakhstan will continue, also in view of the ongoing reform efforts in the country, and will remain focused on the upcoming legal reforms. Moreover, the EU‘s new Central Asia strategy and its consequent enhanced interest in the Central Asian states provide an important framework within which to continue promoting project work between the IRZ and Kazakhstan. Criminal, criminal procedure and civil law will be the priorities of the IRZ‘s cooperative undertakings with Kazakhstan. Cooperation with the Constitutional Council, the Supreme Court and the Academy of Law Enforcement Agencies under the General Prosecutor’s Office will carry on. There are also plans to further expand discussions with the Kazakhstan Ministry of Justice, to intensify measures for the protection of intellectual property and possibly to extend them to other fields as well.