Kazakhstan - annual report 2014

Details
Published: May 5, 2014
Länderbericht Kasachstan 2014

Working visit to Munich by a delegation of the Ministry of Justice on the topic of “Intellectual Property” with Berik Imashev, Minister of Justice of the Republic of Kazakhstan (centre), and Raimund Lutz, Vice-President for Legal and International Affairs at the European Patent Office (left)

Strategic framework

Legal policy starting point

The Republic of Kazakhstan is positioning itself in the long term as a strategically significant state in Central Asia. Within the state programme entitled “Strategy – 2050”, which provides for extensive, ambitious reforms in almost all societal and political areas, a comprehensive modernisation of the Kazakh legal protection system is planned. These reform efforts have become evident through a comprehensive restructuring of several laws. For instance, on 1 January 2015, amongst other laws, the new Criminal Code, the new Code of Criminal Procedure, the Prison Code, as well as the Act on Regulatory Offences, come into force.

Overall concept

The IRZ has been providing guidance to the Republic of Kazakhstan in comprehensive judicial reforms for five years. In 2014, the focus of the cooperation with the Office of the Public Prosecutor General, as well as with the Supreme Court, was on the final consultation on the reform of the Criminal Code and the Code of Criminal Procedure. Special attention was paid to the introduction of the investigating judge in criminal procedure, as well as in criminal misdemeanours. There was further consultation on the fight against terrorism and corruption, as well as on cybercrime. The IRZ stepped up its successful cooperation with the Constitutional Council in constitutional law and the administrative courts. The IRZ started new consultation with the Ministry of Justice in the field of intellectual property. It is to be continued in 2015.

Foci of activity in 2014

Constitutional law / human rights and their enforceability

  • International constitutional law conference in Astana entitled “The Constitution: stability, peace and public concord”
  • Working visit on constitutional review to the Federal Constitutional Court in Karlsruhe, Baden-Württemberg Administrative Court and Neustadt a.d.W. Administrative Court by a delegation of the Constitutional Council

Civil and commercial law

  • International conference in Astana entitled “Draft Corporate Code of the Republic of Kazakhstan” with the Institute of Legislation of the Ministry of Justice
  • Study visit to Munich and Berlin by a delegation of the Ministry of Justice on the topic of “Intellectual property”

Administration of justice

  • Seminar in Astana on the reform of the Code of Civil Procedure with the Supreme Court
  • Attendance at the IV Conference of Ministers of Justice on the “EU Rule of Law Initiative for Central Asia” held in Astana

Criminal law and the law on the prison system

  • International conference in Ak-Bulak/Almaty entitled “New Code of Criminal Procedure of the RK and the most important reforms in criminal procedure” with the Office of the Public Prosecutor General and the Constitutional Council
  • Study visit to Berlin by a delegation of the Association of Judges and of the Supreme Court on the “New Criminal Code of the RK: criminal misdemeanours” in cooperation with the American Bar Association/Rule of Law Initiative (ABA/ROLI)
  • Two events in Berlin/Potsdam and Ust-Kamenogorsk for delegations from the Office of the Public Prosecutor General on the topic of “Review and investigation of criminal offences in computer technology used in state authorities and in banking”
  • Workshop in Berlin/Potsdam/Eberswalde and Mainz on the fight against religious extremism and terrorism with the further training institute of the Office of the Public Prosecutor General
  • Seminar with the Supreme Court in Pavlodar entitled “Measures against money laundering and against the legalisation of illegally-acquired assets”
  • Study visit to Kiel by a delegation from the Office of the Public Prosecutor General on the topic of “Particularities of review and supervision by competent state authorities, protection of the rights and interests of enterprises in Germany, potential to counter corruption”
  • Seminar entitled “Application and standards of the new criminal and criminal procedure legislation. Introduction of investigating judges”, in cooperation with the Supreme Court in Shchuchinsk
  • Study visit to Bonn/Cologne entitled “Investigating judges in criminal procedure. Mutual assistance” with the Supreme Court

Basic and further training

  • Roundtable entitled “Increasing the effectiveness of personnel work in the public prosecution offices” with the Office of the Public Prosecutor General
  • Attendance by a lawyer at a course of the Goethe Institute entitled “German for lawyers” in Bonn

Outlook

Consultation on the application of the Criminal Code and of the Code of Criminal Procedure, which are to come into force in January 2015, and which will form the focus of cooperation with the Kazakh partner institutions in the coming year. Furthermore, the IRZ will be providing consultation on the reform of the Code of Civil Procedure. Finally, there are plans to hold events on the fight against corruption, as well as in the field of intellectual property.