Programme description

Title: Promotion of the rule of law in Central Asia
Commissioned by: German Federal Ministry for Economic Cooperation and Development (BMZ)
Country: Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan
Lead executing agency: Ministries of justice and supreme courts in Central Asia
Overall term: 2012 to 2021

Context

The programme builds on an earlier programme ‘Support of legal and judicial reform in Central Asian countries’ and its predecessors, which mainly concentrated on providing advice about legislation in the fields of private and commercial law.

One important aspect of the current programme is the implementation of the legal reforms already adopted. The second focus is on legal advice for administrative proceedings and administrative procedural law. Both these areas of law are among the last in the partner countries’ post-Soviet legal systems that have not yet been subjected to fundamental reforms – unlike in the countries in the South Caucasus. In part, there is a need for lobbying work to convince the countries of the need for effective reforms, while in some areas advice can already be given to relevant working groups on the drafting of proposed legislation.

Objective

Judiciary, legislature and administration are in a position to perform their work in accordance with the constitution.

Approach

The regional programme primarily supports the development of the justice system of the partner countries during their reform efforts. A strong judiciary is a crucial prerequisite for the application of laws in accordance with the rule of law and the progress of reforms.

By helping to design legal training courses, the programme supports judges in acquiring additional qualifications. The organisational and legislative advice provided by the programme promotes better access to courts, forms of legal protection, and effective enforcement of court rulings. The aim is to enhance the standing of the courts and increase their authority. To strengthen the judiciary, it is also necessary to support the legal profession. Only a professional and independent bar guarantees citizens the ability to pursue their rights, efficiently and without conditions.

The legislative advice will focus on administrative law and administrative procedural law. Its design will enable proposals to be made to the relevant working groups in the different countries. These proposals will be based on a framework of norms that are to be developed under the direction of the programme, based on tested German legal concepts. However, the proposals should not dictate laws from outside, but will instead provide a basic framework that can be, and must be completed, according to the needs of the respective countries.

Besides additional training for judges, the preparation of legal commentaries and textbooks is also an important part of implementing the reformed laws. The programme is contributing to this by establishing or participating in appropriate working groups. These are mainly oriented toward court procedures and the legal protection of citizens – i.e. toward civil and administrative proceedings, enforcement law and other relevant laws.

Results achieved so far

The earlier programmes provided advice or commentaries on numerous laws, in cooperation with the partner countries. In Kazakhstan and Kyrgyzstan the programme has supported the first commentary on the Code of Civil Procedure. In Tajikistan a revised version of the Code of Civil Procedure and a new execution law have been elaborated. In Uzbekistan draft laws for administrative procedure and for changes in family law and the Code of Economic Procedure were developed.

A textbook on private law and a commentary on the Code of Civil Procedure are currently being drafted in Kazakhstan. In Turkmenistan, the first volume of commentary on the civil code is nearly completed. In Uzbekistan and Kyrgyzstan, consultancy services are provided on administrative procedure and administrative proceedings. In addition, in Kyrgyzstan and Kazakhstan a handbook on the working methods of private law judges is in preparation. In Tajikistan a commentary on the Code of Civil Procedure is nearing publication and a textbook on private procedural law is being drafted.

Download

• Правовые и судебные реформы в Центральной Азии
  Legal and Judicial Reform in Central Asia (GIZ 2012)
  giz2012-rechts-justiz-reform-zentralasien-ru.pdf, 1.24 MB (Russian)