Kazakhstan – annual report 2024

Strategic Framework

Legal Policy Starting Point

Kazakhstan is striving to democratise its political system and implement comprehensive legal, political and economic reforms in order to drive forward the modernisation and further development of the country. A national development plan was presented in February 2024, setting out priorities for strengthening the Rule of Law and improving the efficiency of public administration by 2029.

In order to achieve these goals, it is necessary to increase the quality, speed, efficiency and independence of the judiciary and to continue reforms, including in the law enforcement agencies. The focus is also on optimising work processes in public institutions, professionalising the state apparatus and further developing anti-corruption policies. For example, an important reform law was passed in mid-2024 that will no longer classify domestic violence as a regulatory offence but as a criminal offence in the future – a step forward towards the Rule of Law and equal rights.

Overall Concept

In cooperation with its Kazakh partner institutions, IRZ pursues the goal of promoting the Rule of Law and, in particular, the independence and efficiency of the judiciary in Kazakhstan. In 2024, for example, it provided advisory support to the Constitutional Court of the Republic of Kazakhstan, which was newly established in January 2023, and took up the Kazakh partner’s endeavours to implement the newly introduced constitutional complaint proceedings in practice. The long-term aim of the consultations is to improve the quality of constitutional jurisdiction and to ensure that European and international human rights standards are applied in practice. This should also strengthen the confidence of the Kazakh population in the Constitutional Court. IRZ is working closely with the Programme Office of the Organisation for Security and Cooperation in Europe (OSCE) in this area.

The continued consultations on Civil Law topics is intended to promote knowledge transfer between German and Kazakh lawyers and contribute to facilitating international civil law cooperation and mutual legal assistance.

Corruption continues to be a major problem in the Republic of Kazakhstan. In 2024, the Council of Europe’s Group of States against Corruption (GRECO) published its first report on Kazakhstan. It states that the country has implemented some of GRECO’s recommendations, as documented by the legislative and institutional measures taken during the reporting period. Nevertheless, the fight against corruption remains a major priority on the country’s political agenda and requires more decisive action on the part of the Kazakh authorities. IRZ therefore continues to provide consultations in this area.

Focus of Activity in 2024

Constitutional law, Human Rights and their Enforceability

  • Contribution to the international conference “Constitution: the embodiment of the values of the Rule of Law, civil society and the modern state” organised in hybrid form by the Constitutional Court of the Republic of Kazakhstan in Astana
  • Training series on “Constitutional human and civil rights in case-law and legal doctrine. Part 1: General freedom of action” in Astana to­gether with the Constitutional Court of the Republic of Kazakhstan and the Centre for German Law at Maqsut Narikbayev University (MNU)
  • Lecture for the judiciary of the Constitutional Court of the Republic of Kazakhstan on the topic “Constitutional human and civil rights in case-law and legal doctrine. Part 1: General freedom of action” in Astana
  • Kick-off meeting with the Constitutional Court of the Republic of Kazakhstan and the OSCE Programme Office to develop guidelines on “Admissibility of a constitutional complaint” in Astana
  • Expert exchange with the judiciary and academia of the Constitutional Court of the Republic of Kazakhstan and the OSCE Programme Office on the topic of “Admissibility of a constitutional complaint” in Astana

Civil und Commercial Law

  • Seminar on the application of the Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance (of 23 November 2007) and the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (of 18 March 1970) in Borovoe
  • Study trip to The Hague and Bonn by a delegation from the Court Administration of the Republic of Kazakhstan on the topic of “International legal assistance pertaining to civil matters” in cooperation with the Permanent Bureau of the Hague Conference and the OSCE Programme Office

Public Law

  • Expert discussion on the consolidation of Kazakhstan’s administrative court jurisdiction and on specialised legislation in Koblenz

Criminal and Penitentiary Law

  • Online consultation on “Developing new concepts for regulatory ­offences and criminal offences” with the Supreme Court in Astana

Outlook

Kazakhstan remains an important partner state of IRZ, and the good cooperation based on trust with the Kazakh partner institutions will continue in 2025. The thematic focus of the consultations will continue to be in the areas of constitutional law, administrative procedure law and administrative court procedure law as well as civil und commercial law. IRZ’s previous work in the judicial field, an important contribution to the realisation of the rules of law in criminal law and criminal procedure law, is also to be continued with a focus on criminal policy and preventing/combating corruption.