German-Russian talks on law enforcement

During the talks
During the talks
Russian Federation

On 25 November 2019, the IRZ organised official talks between a delegation from the Russian Federal Bailiff Service at the Russian Ministry of Justice, representatives of the German Association of Bailiffs (DGVB) and the German Federal Ministry of Justice and Consumer Protection (BMJV).

The first talks were given by the Federal Chairman of the DGVB, Karlheinz Brunner, and Walter Gietmann, Honorary Chairman of the DGVB and a long-term partner of the Russian side. The latter started by giving an overview of the bailiff service in Germany:

  • Legal standards in the area of law enforcement, practical implementation by court bailiffs
  • Organisation structures of court bailiffs
  • Law enforcement procedure
  • Arbitration proceedings in law enforcement

During the second set of talks at the BMJV, which were attended by Ministerialrat Detlef Wasser, Head of the law enforcement and foreclosure department, the Russian guests discussed the following subjects with their German colleagues:

  • The responsible and appealing tasks of court bailiffs
  • Cooperation with private institutions (mediation)
  • Ways of enhancing the effectiveness of law enforcement
  • The distinction between the interests of creditors and debtors.

The Director of the Russian Bailiff Service, Dmitry Aristov, reported that the new federal law “on the service in law enforcement authorities in the Russian Federation and on changes to certain laws of the Russian Federation” has been approved and will enter into force on 1 January 2020. The new law will enhance the status of court bailiffs considerably and give them a lot more rights than they had before.

The members of the delegation showed a great deal of interest in continuing the exchange of experiences between law enforcement authorities in the Russian Federation and Germany. The subject of law enforcement in internet auctions is of major interest to the Russians. To round off the visit, Dmitry Aristov invited the German partners to a forum on law enforcement, which will be held in Moscow in 2020.

5th German-Russian legal forum on family law in Hamburg

During the 5th German-Russian legal forum in Hamburg
During the 5th German-Russian legal forum in Hamburg
Russian Federation

On 25 June 2019, EU Member States approved new regulations to provide better protection for children in transnational family affairs. The number of international divorces is currently at around 9,000 per year in Germany alone. For this reason, the IRZ, together with the German Federal Bar Association and the Russian Federal Bar Association, organised the 5th German-Russian legal forum on “German-Russian transnational family disputes”, which was held on 15 November 2019 in Hamburg.

IRZ expert Christian Höhn from the German Federal Office of Justice (department of international child custody, child abduction and the protection of children and adults) gave a lecture on “International family law – child custody and child abduction”. The Russian members of the audience were extremely interested in his lecture. They were particularly interested in the areas governed by the Hague Convention on Child Abduction and the Hague Convention on the Protection of Children.

From the Russian side, lawyer Olga Vlasova and law professional Elga Sykiäinen gave lectures on the legal provisions for transnational matrimonial and family matters in Russia and shed light on the following subjects:

  • registration of marriage
  • possibility of divorce in Russia
  • matrimonial property regime: common property of the married couple, marriage contracts
  • rights of custody and access: determination of the applicable legislation, establishment of parentage (including surrogacy)
  • obligations of family members to pay maintenance
  • international child abduction: national law, case law, enforcement of judgements

Around thirty lawyers attended the event, including thirteen from the Russian Federation.

The event successfully met the objective of holding intense expert discussions between German and Russian lawyers in the field of family law. Both sides expressed the wish to continue this series of events in order to work together on developing potential solutions for the complex issues in this area.

Study visit to Munich on “Expert witnesses in Germany”

During talks at the Chamber of Industry and Commerce (IHK) in Munich
During talks at the Chamber of Industry and Commerce (IHK) in Munich
Russian Federation

From 5 to 8 November 2019, the IRZ organised a study visit to Munich on “Expert witnesses in Germany” as part of a project supported by the German Foreign Office. As well as four patent attorneys from Moscow and St. Petersburg, two representatives from the Russian Federal Service for Intellectual Property (Rospatent), which is the equivalent of the German Patent and Trademark Office, and a scientific officer from the expert witness centre at the Russian Ministry of Justice also took part in the study trip.

This visit gave participants the opportunity to visit the Regional Court of Munich I and to discuss the following topics with judge Anna-Lena Klein:

  • Overview of the basic and specific principles of the Munich procedure in patent lawsuits, at which expert witnesses are only heard in particularly complex and rare patent lawsuits
  • calling upon expert witnesses in individual cases
  • advantages and disadvantages of expert assessments

The Russian delegation was also welcomed by the Chamber of Industry and Commerce (IHK) in Munich and the German Federal Patent Court, where they were introduced to IHK certification for expert witnesses. Another subject discussed during the visit was the specific nature of so-called technical judges at the German Federal Patent Court. These are all judges with training in a technical and/or scientific field.

The IRZ also organised expert discussions with Manuel Soria Parra and Andrea Kabisch from the “Meissner Bolte mbB” firm of patent attorneys. This meeting covered the following points:

  • uniform examination of patent attorneys according to the German Patent Attorney Code (PAO)
  • the procedure for authorising and appointing patent attorneys
  • work in court cases with expert witnesses
  • patent attorneys as expert witnesses
The study visit provided an opportunity for intense expert discussions between the Russian delegation and their German colleagues, which will be continued next year if possible.