The Ministry of Justice of the Republic of Kazakhstan on a working visit to discuss the code on administrative offences

Aziz Imangaliyev, Yerkin Baltabayev, Bayan Parmankulova, Dr. Malek Radeideh (BMJV), Adilkhan Zhakenov (from left to right)
Aziz Imangaliyev, Yerkin Baltabayev, Bayan Parmankulova, Dr. Malek Radeideh (BMJV), Adilkhan Zhakenov (from left to right)

On 21 and 22 November 2017, a delegation from the Ministry of Justice of the Republic of Kazakhstan visited Berlin to learn about the “Challenges of prosecuting criminal and administrative offences”. The focus of the working visit organised by the IRZ was on the code on administrative offences.

The participants in the delegation were:

  • Yerkin Baltabayev, Deputy Director of the legislation department at the Ministry of Justice of the Republic of Kazakhstan,
  • Aziz Imangaliyev, leading expert in the legislation department at the Ministry of Justice of the Republic of Kazakhstan,
  • Adilkhan Zhakenov, leading expert in the legislation department at the Ministry of Justice of the Republic of Kazakhstan, and
  • Bayan Parmankulova, chief research associate at the Institute of Legislation in the Republic of Kazakhstan.

In Kazakhstan, infringements of personal rights, public safety and public health and violations against legislative provisions, in particular with regard to the environment and use of resources and road transport, are penalised according to the Kazakh code on administrative offences.

The delegation was particularly interested in the following issues:

  • The legal foundations for imposing and implementing financial penalties,
  • The prosecution of administrative offences by the relevant authorities and the relevant local court and
  • Road traffic offences.

In connection with the delegation’s working visit, intense discussions were held at the German Federal Ministry of Justice and Consumer Protection (BMJV), the Public Prosecutor’s Office in Berlin, the State Office for Residents' and Regulatory Affairs, the Local Court of Tiergarten and at the German Federal Bar.

The working visit by the Kazakh guests was a resounding success, not least because of the animated exchanges that took place with German experts.

Kazakh delegation from the Constitutional Council pays a working visit to Koblenz

Jogan Merkel; Dagmar Wünsch, permanent representative of the President of the Rhineland-Palatinate Constitutional Court and Vice-President of the Higher Administrative Court of Rhineland-Palatinate; Dr. Lars Brocker, President of the Constitutional Court and Higher Administrative Court of Rhineland-Palatinate; Askhat Daulbayev; Nataliya Kress; Murassat Murtazin  (from left to right)
Jogan Merkel; Dagmar Wünsch, permanent representative of the President of the Rhineland-Palatinate Constitutional Court and Vice-President of the Higher Administrative Court of Rhineland-Palatinate; Dr. Lars Brocker, President of the Constitutional Court and Higher Administrative Court of Rhineland-Palatinate; Askhat Daulbayev; Nataliya Kress; Murassat Murtazin (from left to right)

From 8 to 10 November 2017, a working visit on “Constitutional jurisdiction of the federal states in Germany” took place at the Rhineland-Palatinate Constitutional Court in Koblenz as part of the partnership with the Constitutional Council of the Republic of Kazakhstan.

The delegation was made up of high-ranking representatives from the Constitutional Council of the Republic of Kazakhstan:

  • Askhat Daulbayev, Member of the Constitutional Council,
  • Jogan Merkel, Member of the Constitutional Council,
  • Murassat Murtazin, Advisor to the Chairman of the Constitutional Council and
  • Nataliya Kress, Lead Consultant for the department of legal expertise at the Constitutional Council.

During their working visit, the Kazakh guests had the opportunity to discuss various issues concerning constitutional jurisdiction at federal and regional levels in Germany with members of the Rhineland-Palatinate Constitutional Court.

The discussions during the working visit focussed in particular on the following topics:

  • The role of constitutional law in the Federal Republic of Germany;
  • Constitutional jurisdiction in Germany: Origins, function, responsibilities and processes;
  • Responsibilities of the German Federal Constitutional Court and of the Rhineland-Palatinate Constitutional Court.

Issues concerning judicial independence and the principle of proportionality were of particular interest. In this context, the Kazakh guests took part in extremely lively discussions, particularly with regard to restrictions and deprivations of liberty.

Another focal point of the discussions was the institution of individual constitutional complaints, above all in light of their legitimacy and their justification. This issue is extremely relevant given the fact that this kind of appeal procedure is completely unknown in the Kazakh legal system.

The exchange with German colleagues in this field and the valuable knowledge gained as a result should in future influence the development of constitutional jurisdiction in Kazakhstan. The Kazakh delegation repeatedly made this clear and expressed their desire for the exchange of expertise to continue.

The Kazakh guests suggested a further cooperation in this field within the framework of a Memorandum of Understanding. Their German counterparts were favourable to this suggestion and are taking this possibility into consideration with the support of the IRZ.

Round table on “Cybercrime and data protection” in Astana

Lecture by Jürgen Maurer, former Vice-President of the German Federal Criminal Police Office (BKA) (2nd from right)
Lecture by Jürgen Maurer, former Vice-President of the German Federal Criminal Police Office (BKA) (2nd from right)

On 2 November 2017, a round table on “Cybercrime and data protection” was organised in the Kazakh capital by the IRZ, together with the Academy for the administration of justice and law enforcement authorities at the Public Prosecutor's Office in the Republic of Kazakhstan and the OSCE office in Astana.

The German experts taking part in the event were Jürgen Maurer, former Vice-President of the German Federal Criminal Police Office (BKA), and Senior Public Prosecutor Georg Ungefuk from the Public Prosecutor General's Office in Frankfurt/Main. Georg Ungefuk is also a press officer at the German Centre for Combating Cyber Crime (ZIT), which is a special unit at the Public Prosecutor General’s Office in Frankfurt/Main.

During the round table discussions, light was shed on the current situation, problematic issues and perspective development of cybercrime and data protection in Germany and Kazakhstan. The German contributions dealt with the following subjects, amongst others:

  • The cybersecurity strategy for Germany,
  • The cybercrime situation in Germany,
  • The experiences of the Federal Republic of Germany and the EU with regard to identifying illegal content and
  • Solutions for international investigations into cybercrime.

The participants in the event showed a great deal of interest and were delighted to be able to take advantage of the opportunity to exchange expertise, in particular with the German experts.

At the end of these successful round table discussions, the Academy expressed the wish to organise further events in this field in future.