The long-standing cooperation with the Russian Federation has been suspended until further notice due to the war of aggression against Ukraine in violation of international law. A resumption of projects with state agencies appears out of the question for as long as the current administration remains in power. Any renewed pursuit of projects with civil society must be reviewed in due course in close consultation with the funding agency.
During the conference on 18 September 2020 on the topic of “Problems, challenges and perspectives of city management under current framework conditions” at the offices of the Union of Russian Cities (Photo: Union of Russian Cities)
Strategic Framework
Legal Policy Starting Point
The political situation in Russia and the foreign policy tensions in its relationship with the EU did not improve significantly in 2020, especially since the EU imposed new sanctions after an attack on a government critic.
A referendum was held in early July 2020 to legitimise a constitutional amendment, after the Russian Parliament and Constitutional Court had already approved the draft in March 2020. Among other things, the reform allows the president to campaign for two further terms, which means he could remain in office until 2036. Both the constitutional amendment and the organisation of the referendum were criticised at home and abroad.
Protests against the arrest and removal of a freely elected governor began in the Far Eastern city of Khabarovsk in July 2020 and have continued to this day.
Overall Concept
IRZ switched its planned face-to-face events to an online format in response to the COVID-19 pandemic. It also managed to accommodate an increased number of requests for translated laws. For example, the translations of the Federal Lawyers’ Act and the Internet Auction Act were revised and updated. In addition, legal expertise and their translations were given greater consideration this year.
As in the years before, cooperation prioritises the issues of civil and commercial law, with a particular focus on intellectual property. Other important topics include local self-administration, medical law and extensive areas of professional law, especially in regard to lawyers, the notarial system and patent attorneys.
Another significant aspect is to continue working with young professionals and law students within the framework of the cooperation with the legal academies at the Ministry of Justice and the Russian School of Private Law under the President of the Russian Federation. Besides online seminars and virtual roundtable discussions, IRZ again offered its course in legal terminology, some of it by video conference, and provided students with access to German legal literature during the reporting year.
Some of this work is organised as part of the initiative for legal cooperation supported by the Federal Foreign Office.
Focus of Activity in 2020
Civil and Commercial Law
Scientific-practical online conference “Insurance medicine: legal problems in theory and practice during the pandemic” in Izhevsk
“beck-online” access for professors, doctoral students and undergraduates at the Russian School of Private Law under the President of the Russian Federation
International theoretical and practical online conference “Intellectual property rights: challenges of the XXIst century” in Tomsk
Online conference “Law and the digital state” in St. Petersburg
Online roundtable discussion on the topic of “Problems of modern civil law and civil procedural law”
Online lecture by German experts on civil law for students, magistrates and representatives of academia
Administration of Justice
Online conference “Limits of critical statements by German and Russian lawyers in the fight for justice” with the Russian Federal Bar Association and the German Federal Bar in Berlin and Moscow
Criminal and Penitentiary Law
Conference “Combating corruption and the informal economy: issues concerning the effectiveness of legal instruments” in St. Petersburg
Public Law
International online roundtable “Problems, challenges and perspectives of urban management under the current circumstances”
Online seminar on the topic of “Russia’s cities after the corona crisis: changes in lifestyle, economic organisation and infrastructure development”
Online lectures by German experts on the topic of “Urban development” for students of the Master’s programme “Project management in regional development and planning” at the Russian Presidential Academy of National Economy and Public Administration (RANEPA)
Basic and Further Training
Language course “Translation of German legal texts” for Russian lawyers at the School of Private Law in Moscow
International scientific-practical online conference on “The dissemination of legal information and legal transformation in the digital age” in Moscow
Russian-German online conference “Current problems in the teaching of lawyers and legal studies in Russia and Germany” in Makhachkala
Outlook
Intense cooperation will continue in 2021, both bilaterally and with project grant, despite the difficulties imposed by the pandemic. IRZ plans to hold many of the cancelled measures at a later date. There are plans to resume the further training event on the Russian judiciary and Russian law for German judges and public prosecutors at the German Judicial Academy in Wustrau. Civil and commercial law, law of lawyers and notary law will remain as the important legal areas for cooperation. Moreover, the IRZ will push ahead with its efforts to promote effective enforcement, to strengthen local self-administration and with various basic and further training measures.
Study trip to Aachen, Trier, Koblenz, Mainz and Frankfurt on the topic of ”Identity and mobility – the legal framework for preservation and modernisation of the cultural heritage in the course of time”: Delegation of Russian local government experts
Strategic Framework
Legal Policy Starting Point
The conflict between the Russian Federation and Ukraine continues to overshadow the political and economic relations between Russia and the EU. A German-French initiative at the Normandy Summit in December 2019 helped to broker a ceasefire for eastern Ukraine until the end of the year. Russia and Ukraine have therefore, at least, attempted to reach some form of rapprochement.
Conflict and resistance dominated the agenda on Russia’s domestic political front during 2019 as well. Among other things, there were waves of nationwide protests responding to arrests made during demonstrations. Moreover, the protests centred on the exclusion of independent candidates in regional parliamentary elections, false accusations by the police against journalists and new statutory regulations such as the Internet Act, as well as the expansion of the term ‘foreign agent‘ or the pensions reform.
Despite this difficult political situation and the diplomatic challenges that still need to be overcome, Russia remains an important partner to Germany. It is therefore important to persist with expert discussions at working level and to place hope in the gradual re-establishment of mutual trust.
Overall Concept
In regard to the collaboration between IRZ and its Russian partners, it is vital to focus on the exchange of professional legal know-how and experience in the spirit of a partnership, instead of providing unilateral consulting. With this objective in mind, the priority will be placed, as in the years before, on civil and commercial law and in particular on the area of intellectual property. Other substantial topics include local self-administration, medical law and extensive areas of professional law, especially in regard to lawyers, notaries and patent attorneys.
It will also be important to continue working with law students and young legal professionals within the framework of the cooperation with the legal academies at the Ministry of Justice and the Russian School of Private Law under the President of the Russian Federation. Besides seminars and Round Tables, IRZ again offered the language course “Translation of German Legal Texts“ and provided students with access to German legal literature during the reporting year.
Cooperation with the Russian Federation takes place to some extent as part of the initiative for legal cooperation organised by the Federal Foreign Office.
Focus of Activity in 2019
Civil and Commercial Law
Lecture event with discussion of the topic “Out-of-court and in-court mediation“ during the 16th German Week 2019 in St. Petersburg
Conference “Current issues relating to the regulation of medical law: Problems between theory and practice“ in Izhevsk
International conference on medical law for law students and young legal professionals in Moscow
Attendance of the IXth St. Petersburg International Legal Forum by delegates from IRZ and participation of German experts in the Round Table “Right on Information Distribution: Public vs. Private“ in St. Petersburg
Russian-German workshop “Judicial protection of social rights“ in St. Petersburg
Scientific-practical conference “East-West: Partnership in the use of court experts. Improved expertise. Improved expert investigation as a protective factor for intellectual property“ in Moscow
Study trip to Marburg and Bonn on the topic of medical law
15th International Conference “Derzhavin Readings“ in Kazan and participation of two German experts in the Round Tables “Medical law in Russia and abroad: Modern methodology of civil law and criminal law mechanisms“ and “Constitutional assistance in the development of civil society and international integration processes“
Study trip to Munich for patent attorneys on the topic of “The work of experts in Germany“
Beck-online access for members of the Russian School of Private Law under the President of Russian Federation in Moscow
Public Law
North Caucasus Forum “Public administration and civil society“ in Pyatigorsk
Study trip to North Rhine-Westphalia and Hesse for students in the master‘s degree programme at the RANEPA School of Advanced Studies in the Humanities “Project management in regional development and regional planning“
Round Table “Developing cities and preserving cultural legacy. Experience in Russia and Europe. Legal and practical situation“ at the first Russian festival of local culture brands “Living Heritage“ in Moscow
Study trip to Aachen, Trier, Koblenz, Mainz and Frankfurt by a Russian delegation from local self-administration on the topic of “Identity and mobility“– the legal framework for preservation and modernisation of the cultural heritage in the course of time
Administration of Justice
Support for the 4th International Lawyers‘ Forum in Berlin
Participation in the Xth International Conference on Enforcement in Moscow
5th German-Russian Lawyers‘ Forum “Cross-border family disputes between Germany and Russia“ in Hamburg
German-Russian seminar on enforcement in Berlin
Criminal Law and Penitentiary Law
Participation in the IVth International Forum on Penitentiary Law “Crime, punishment, rehabilitation“ in Ryazan
Basic and Further Training
Language course “Translation of German legal texts“ for Russian lawyers at the Russian School of Private Law in Moscow
Attendance by Russian participants of the ninth “IRZ Summer School on German Law“ in Bonn
Participation of three Russian lawyers in the internship programme for lawyers
Participation of two Russian notaries in the internship programme for notaries
Outlook
It remains to be seen how the political situation will develop. Nonetheless, IRZ intends to continue the bilateral cooperation with the Russian Federation at working level as part of its project support. Civil and commercial law, the law of lawyers and the notarial law will stay as important legal areas within the framework of this collaboration. Moreover, increasing the effectiveness of enforcement and local self-administration will also continue as relevant topics. IRZ will push forward with its basic and further training measures in other legal areas as well.
