Kazakhstan – annual report 2023

Details
Published: September 4, 2024

Strategic Framework

Legal Policy Starting Point

Since the Russian attack on Ukraine, Kazakhstan has become increasingly important as an up-and-coming medium-sized state in Central Asia and is moving more and more into focus – especially from the perspective of the German economy. Regional and economic cooperation is to be strengthened in the future. In light of this development several meetings were held at the highest government level in Kazakhstan and Germany in 2023.

The ongoing reforms in the legal and judicial sector were further advanced. Particular attention was paid to the newly established Constitutional Court, which began its work on 1 January 2023. Over 3,000 applications were filed in the first half of the year, around 90 per cent of which were not admissible. Most of the applications are complaints from citizens, but the President and members of parliament have also had the Constitutional Court review the constitutionality of some provisions of current laws or laws that have not yet come into force.

In his message to the people on 1 September 2023, President Tokayev focused primarily on economic reforms to promote investment and the development of economic relations with other countries. He cited industrialisation, diversification, conversion to green energy, simplification of tax laws and transparency and fairness in the administrative system as key tasks. Kazakhstan is also pushing ahead with digitalisation in order to reduce bureaucracy and increase the transparency of administrative processes.

Overall Concept

The focus of IRZ‘s work in Kazakhstan is based on the current legal reforms. In 2023, the focus was on starting work with the new Constitutional Court, as a well-functioning constitutional jurisdiction is an important instrument for strengthening the rule of law and human rights. The main topics of cooperation were constitutional complaints, human rights and their enforcement as well as issues relating to the organisation of the work of a constitutional court.

IRZ also continued its cooperation on the application of the Administrative Procedure and Administrative Court Code and trained university lecturers. The focus here was on legal case processing, including solution strategy that are used according to the German methodology.

Kazakhstan has ratified several Hague Conventions, but there are still problems with their application and interpretation. For this reason, this subject area was a particular focus of cooperation with the Supreme Court and the court administration.

The Kazakh Ministry of Justice is IRZ’s partner institution for the implementation of international regulations in the field of intellectual property, and cooperation will continue in this area. Kazakhstan ranks 101st out of 180 in the international ranking according to the Corruption Perceptions Index 2022; this is the best ranking among Central Asian countries. Cooperation in this area is primarily implemented with the Anti-Corruption Agency.

Focus of Activity in 2023

Constitutional Law, Human Rights and their Enforceability

  • Support for the hybrid event “Days of German Law” with the German Academic Exchange Service e.V. and the Centre for German Law at KAZGUU University in Astana
  • International conference “Constitutional Justice: dignity, freedom and justice for all” in Astana with the Constitutional Court of the Republic of Kazakhstan in Astana
  • Study trip of the delegation of the Constitutional Court of the Republic of Kazakhstan to Berlin, Karlsruhe and Vienna on the topic of “Practice of Constitutional Courts”

Civil and Commercial Law

  • Seminar “The practical application of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction and of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters” in Shymkent with the Court Administration of the Republic of Kazakhstan and the Hague Conference on Private International Law
  • Participation in an online seminar on the protection of intellectual property rights, with the Ministry of Justice of the Republic of Kazakhstan and the World Intellectual Property Organisation
  • Participation in a hybrid seminar on the Marrakesh Treaty (Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled of 27 June 2013) in Astana with the Ministry of Justice of the Republic of Kazakhstan and the World Intellectual Property Organisation

Public Law

  • Training of lecturers at KAZGUU University on “Administrative Law: Theory and Practice of Teaching II“ in Astana, together with the Centre for German Law at KAZGUU University

Criminal and Penitentiary Law

  • Online seminar on combating corruption with the Anti-Corruption Agency of the Republic of Kazakhstan
  • Commentary on the draft methodology of corruption assessment (corruption prevention)

Outlook

In 2024, IRZ‘s cooperation with Kazakhstan will once again focus on constitutional law and human rights, administrative procedure and administrative procedural law, civil and commercial law and criminal law (in particular the fight against corruption).