Roundtable on the application of the provisions of the Civil Code with the Supreme Court in Astana: Günter Jannsen, presiding judge at Oldenburg Higher Regional Court, and Prof. Dr. Walter Rolland, Director- General, ret., at the Federal Ministry of Justice (left to right)
General – Conceptual orientation
Legal policy starting point
The EU's Central Asia strategy entails increased European commitment in the region. At the same time, the Republic of Kazakhstan has an ongoing interest in approchement to the Western states. In order to promote legal and justice sector reforms, state programmes are being drawn up which are to act as guides for legal policy reforms. For instance, two projects were adopted in the context of the "Kazakhstan Strategy – 2050: A new political course of a new state" programme. One project provides for the further modernisation of the legal protection system from 2014 to 2020, whilst the other project, which will be running from 2013 to 2017, aims to combat religious extremism and terrorism.
Cooperation to date
The IRZ's consultation activities in Kazakhstan began at the end of 2009 with the Kazakhstan Year in Germany. Cooperation was broad from the outset, and borrowed from institutional and statutory reforms in Kazakhstan. In 2013 the IRZ successfully continued and intensified the partnership with the Office of the Public Prosecutor General, the Supreme Court as well as the Constitutional Council. In addition to topics of constitutional and civil law, there was also consultation on the reform of criminal and criminal procedure law. In cooperation with the Ministry of Justice and Parliament, the IRZ organised several successful multilateral events. The Chamber of Notaries, the Association of Judges as well as the Institute of Legislation of the Ministry of Justice, have been added as new partners.
Major partners
Office of the Public Prosecutor General
Supreme Court
Constitutional Council
Parliament
Ministry of Justice
Institute of Legislation of the Ministry of Justice
Association of Judges
Chamber of Notaries
Strategy and method
The IRZ has been engaged for more than four years in effectively supporting Kazakhstan, as a state in Central Asia which is highly significant in strategic terms, in its efforts to modernise its legal system and to bring it up to international standards.
Foci of activity in 2013
Constitutional law / human rights and their enforceability
Working visit by a delegation from the Constitutional Council on the topic of "Constitutional review" at the Federal Constitutional Court in Karlsruhe and at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg
International constitutional law conference "The Constitution as the basis for the strategic development of the State and society" in Astana
Participation by two Members of the Parliament of the RK at the III International Conference of Parliamentary Committees on Legal Affairs "The path to legislation – The role and influence of the institutions involved" in Berlin
Civil and commercial law
Roundtable with the Supreme Court on the topic of "Application of the provisions of the Civil Code of the RK/law on obligations" in Astana
Participation by a Kazakh expert at the international conference "The Moldovan Civil Code: 10 years after its introduction – successes, reserves and prospects" in Chisinau
Study visit to Berlin by a delegation from the Supreme Court on the topic of "Court practice in the application of the Consumer Protection Act"
Administration of justice
Study visit by a delegation of the Chamber of Notaries on the topic of "The notariat. Electronic registration of real estate" in Koblenz Public law
International conference "Promotion of international cooperation by the Hague Conventions" in Tbilisi with representatives of the Ministry of Justice, of the Supreme Court and of the Institute of Legislation of the Ministry of Justice
International conference "Administrative justice: specialisation and simplification of court procedure, increasing the efficiency of legal protection" with the Association of Judges in Astana
Seminar with the Institute of Legislation of the Ministry of Justice on the topic of "Normative legal acts and legal acts of governmental authorities: problems of regulation and application of the law (experience in Germany and other EU Member States)" in Astana
Criminal law and the law on the prison system
International conference with the Office of the Public Prosecutor General on the topic of "Reforming the Code of Criminal Procedure of Kazakhstan on the basis of principles of the rule of law" in Ak-Bulak/Almaty
First forum on the reform of the prison system "Instead of prison – probation and electronic monitoring" with the Office of the Public Prosecutor General and Penal Reform International in Astana
Two study visits by delegations from the Office of the Public Prosecutor General on the topic of "Combating religious extremism and terrorism" in Berlin and Kiel
Seminar on the topic of "Accelerated criminal proceedings" with the Supreme Court in Astana
Roundtable with the Office of the Public Prosecutor General and the public prosecution office of the Karaganda area on the topic of "Application of information technologies in the main hearing within criminal proceedings" in Karaganda
Study visit to Düsseldorf on the topic of "Communication in criminal proceedings" with the Supreme Court
Basic and further training
Participation by two legal experts at the Goethe Institute's "German for legal experts" course in Bonn
Outlook
Cooperation with the Kazakh partner institutions for the year 2014 provides for final consultation on the Criminal Code and on the Code of Criminal Procedure, which are to come into force in Kazakhstan at the beginning of 2015. Furthermore, there will be consultation on the reform of the Code of Civil Procedure. There are already plans for events on mediation and on crime prevention, as well as a workshop for investigating judges.
Roundtable on the application of the provisions of the Civil Code with the Supreme Court in Astana: Günter Jannsen, presiding judge at Oldenburg Higher Regional Court, and Prof. Dr. Walter Rolland, Director- General, ret., at the Federal Ministry of Justice (left to right)