Kazakhstan In Position of Precursor For The Countries of The CIS
This conference was an enormous success and representatives of the Supreme court, Courts and Jurisdictions, local and national authorities, representatives of the Parliament and Academics from all parts of the country, were present. International delegations coming from Latvia, Luxembourg, Russia, Belarus, Azerbaijan, Kyrgyzstan, Tajikistan and Armenia joined the event. The UIHJ was represented by its president, Jacques Isnard, as well as by Jos Uitdehaag, first quaestor of the committee and Marc Schmitz.
The welcome speeches were made by Iran Amirov, representative of the Senate of the Parliament of the Republic of Kazakhstan, and by Jacques Isnard.
The president of the UIHJ noted in his speech that the meeting in Almaty constitutes a bridge between Europe and Asia. The fact that currently nineteen countries of the European Union are equipped with a body of independent and liberal judicial officers, and experience, which proves that a cohabitation between civil servants and liberal judicial officers functions poorly, shows us the way for the future.
President Isnard greeted the initiative of this seminar and his author, president Iraq Yelekeev.
The Legal Administration Committee near the Supreme Court of the Republic of Kazakhstan (LAC) then informed the participants of the conference that a bill relating to the modification of the statute of the Kazakh judicial officers in favor of a liberal statute is currently before the Parliament and should be voted in the next weeks.
This obviously constitutes an excellent news which will put Kazakhstan in a position of precursor among all the countries of the Community of Independent States (CIS).
The representative of the economic room of Kazakhstan, Azat Peruashev, specified that this initiative was greeted by the members of its organization and that it will reinforce the attractiveness of Kazakhstan for foreign investors who will thus have the necessary guarantees for an increased legal security in the field of enforcement of the legal decisions. Besides he estimates the text of the bill as particularly well prepared.
The work of the conference was divided into 3 workshops.
The first, in which took part Nikolaï Vinnichenko, Chief of the Federal Service of judicial officers of the Russian Federation, Jos Uitdehaag, professor Vladimir Yarkov, of the Department of civil procedure of the Academy of the State of the Ural, and Inese Bonze, from the Chamber of judicial officers of Latvia and Co-author of the aforementioned bill currently filed in at the Parliament, had for topic “the enforcement systems in Foreign States. Creation and development of the judicial officer with a liberal statute in Europe. The experience of the Baltic States countries and Eastern Europe.” The workshop was chaired by President Iraq Yelekeev.
The second workshop was chaired by Mr. Bolat Zhulamanov, of the LAC. The speakers were Marc Schmitz, Carlos Calvo, president of the Chamber of judicial officers of Luxembourg and Azat Peruashev, of the Economic chamber. The topic was “Distraint of judgments by judicial officers with a liberal statute: times, the order of enforcement against the property of the debtor and rights of the liberal judicial officer”. This workshop concluded on the observation that the existence of time allowed by the law for the achievement of the legal tasks by the liberal judicial officer is not justified when exists a competing situation between judicial officers. The effectiveness of a judicial officer becomes the dominating selection criteria for the choice made by the creditor. Thus the judicial officer will do all that is in his capacity to carry out the mission entrusted to him as soon as possible, in order to give whole satisfaction to his client.
The third and last workshop dealt with control systems of the activity and the remuneration of and liberal judicial officers. Presentations were made by Jos Uitdehaag and Marc Schmitz as well as Galimbek Smagulov of the LAC and Vladimir Borissov, judge at the Supreme Court of Kazakhstan.
The Bringing Together Of The UIHJ And Asia
The first day ended with an open discussion on daily penalties for delay in payment of the debt and the covering of alimonies as well as the difficulties related to this type of procedures.
At the time of the second day, the bill modifying distraint and the statute of judicial officers was presented by Iraq Yelekeev and was commented on by the participants of the foreign delegations.
The chief of the Federal service of the judicial officers of the Russian Federation, Nikolaï Vinnichenko, expressed the desire to join the rows of the UIHJ, but informed at the same time the participants of the conference that a passage of the Russian judicial officers towards the liberal statute was, at the very least, currently, unthinkable. The wish of accession of Russia with the UIHJ was notwithstanding greeted.
Kyrgyzstan finally expressed its wish to accommodate delegation of the UIHJ in spring 2009 in order to tie first contacts.
One can thus indeed confirm that the initiative taken by the LAC constitutes without any doubt not only for the UIHJ a bridge towards Asia but for the members of the CIS a path towards Europe and the UIHJ.
The closing ceremony was placed under the prestigious presidency of Mr. Kairat A. Mami, President of the Supreme court of Kazakhstan, who was pleased with the quality of work of the conference and exhorted the few 250 agents present in the room to support the passage of the profession towards the liberal statute.
Mr. Mami, after having warmly thanked the foreign participants, decorated President Isnard with the medal of the Supreme Court of Kazakhstan for the bringing together operated between the UIHJ and the Asian continent.
After work, the participants could profit from the exceptional hospitality of the LAC and its president, Iraq Yelekeev. They could discover a small portion of this splendid and gigantic country, extending from the Caspian Sea to the borders of China.
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