OSCE Programme Office supports high-level discussion on procedural law in Kazakhstan
AK-BULAK, Kazakhstan, 3 March 2016 – A three-day OSCE-supported roundtable discussion on the application of the new Civil Procedure Code of Kazakhstan and major areas of modernizing the procedural law began today in Ak-Bulak near Almaty, Kazakhstan.
Some 100 high-level officials from the Constitutional Council, the Prosecutor General’s Office, the Supreme Court and the Presidential Administration as well as representatives of the judiciary, non-governmental organizations, academia and the Bar Association and legal experts discussed law enforcement practices in relation to ongoing criminal procedure reform. They also highlighted the legal novelties introduced by the new Civil Procedure Code, which came into force on 1 January 2016.
The event was co-organized by the Programme Office in co-operation with the Supreme Court, Prosecutor General’s Office, the Constitutional Council of Kazakhstan and the European Commission for Democracy through Law (Venice Commission) with support of the German Foundation for International Legal Co-operation, GIZ, UNDP and the European Union Project on Enhancing Criminal Justice in Kazakhstan.
Experts from Germany, Kazakhstan, Malta and the Russian Federation presented on the application of legal mechanisms with the aim of simplifying the civil procedure, alternative methods of dispute resolution and conciliation in civil proceedings, ensuring citizens' access to justice as well as international practice in judicial review. Participants also reviewed the changes in pre-trial proceedings in accordance with new Criminal Procedure Code, the role of prosecutors in preliminary investigation, the procedural independence of the investigator and measures to be taken for strengthening judicial control in criminal proceedings. There was particular attention on the procedural aspects of resolving investment disputes in the context of plans to create an International Financial Centre in Astana.
“Recently adopted changes in procedural law assume a simplification of judicial proceedings and judicial process, which, in turn, are important to ensure the citizens' access to justice,” said Ambassador György Szabó, Head of the OSCE Programme Office in Astana. “By sharing best practices from other countries, we can find alternative methods of dispute resolution, including mediation and conciliation procedures.”
Kairat Mami, the Chairperson of the Supreme Court of Kazakhstan said: “Provisions of the “100 Concrete Steps” national programme aimed at strengthening the rule of law are being implemented through the new Civil Procedure Code. This includes the transition to a three-tiered system of courts, the introduction of mandatory multimedia recording of all court hearings, as well as reducing the prosecutor’s role in court proceedings on civil disputes.”
Igor Rogov, Chairperson of the Constitutional Council of Kazakhstan said: “The reform of criminal justice in Kazakhstan focuss on the full implementation of the fundamental principles of criminal procedure in order to create conditions for ensuring the impartial, prompt and full investigation of criminal offenses as well as a fair trial with the maximum respect for the citizens’ rights and freedoms.”
The event is part of the Office’s long-term efforts to support authorities and civil society in building dialogue on criminal and civil justice reform in Kazakhstan.