STATE LAW AND MANAGEMENT
The article examines current organizational, legal, and criminal law challenges in ensuring information security amidst the total digitalization of electronic document management in Kazakhstan and Russia. The rapid growth of digital institutions and electronic digital signatures (EDS) is accompanied by a surge in high-tech crimes utilizing social engineering, generative artificial intelligence, and digital identity theft.The authors classifymodern cyberthreats within financial transactions and analyze gaps in current substantive and procedural laws of both countries regarding the qualification of offenses against digital authentication methods. The methodological framework comprises systems analysis, the formal-legal approach, and comparative law. The scientific novelty lies in substantiating the need to recognize digital identity and electronic signatures as independent objects of criminal law protection. Based on the findings, a practical framework of interagency measures is proposed across four levels: socio-preventative, administrative-control, material-technical, and criminal-legal. Specifically, the study substantiates implementing a state SMS-notification system for EDS activity, granting prosecutors authority to conduct unannounced IT audits of personal data operators, upgrading cyber police units with Big Data laboratories, and criminalizing unauthorized Deepfake use and unlawful EDS acquisition with mandatory imprisonment.
The article discusses the issues of legal support for the use of electronic digital signatures and other analogues of handwritten signatures in electronic documents in the Republic of Kazakhstan. An electronic (digital) signature is an integral element of the implementation of the will of the participants in civil circulation in the digital environment. As an analogue of a handwritten signature, an electronic (digital) signature may be used that is not tied to a specific technology for its formation, provided that its use is provided for by law, other regulatory legal acts or an agreement of the parties. Special attention should be paid to the use of a new analogue of a handwritten signature based on electromagnetic resonance technology. The legal regulation of analogues of a handwritten signature and relevant public relations in the legislation of the Republic of Kazakhstan is not fully reflected. This, in particular, is expressed in the absence of a clear distinction between the concepts of «electronic signature», «digitalsignature» and «electronic digital signature». Analysis of the current legislation in the field of electronic document management allows us to conclude that it is necessary to further improve the legal regulation of electronic (digital) signatures.
The article addresses the development of labour legislation in the Republic of Kazakhstan with particular attention to social partnership and the distribution of legal responsibilities between employees and employers. The analysis focuses on whether the existing legal framework provides sufficient conditions for effective interaction between the parties to employment relations and for the protection of their respective interests. Particular attention is given to shortcomings in the current regulation of social partnership, collective bargaining, and the settlement of labour disputes. The research relies on comparative legal analysis, a systematic examination of labour-law provisions, formal legal interpretation, and analytical assessment of the relevant regulatory framework. The results indicate that the existing legal mechanisms do not fully ensure an effective balance between the interests and obligations of employees and employers. On this basis, the article develops proposals aimed at improving collective bargaining procedures, reinforcing legal safeguards for the resolution of labour disputes, and further adapting Kazakhstan’s labour legislation to contemporary requirements and internationally recognized approaches. The scientific value of the research lies in advancing theoretical approaches to labor law reform and improving legal mechanisms aimed at ensuring social justice. The findings may be applied in legislative development, law enforcement practice, and further academic research in the field of labor law.
This article analyzes the legal framework for the elections of deputies to the Kurultai of the Republic of Kazakhstan, formed as a result of the 2026 constitutional reform. The purpose of the study is to determine the relationship between the Constitution, the Constitutional Law on the Status of the Kurultai and its Deputies, and electoral legislation, as well as to assess the impact of the proportional electoral model on the political representation and accountability of deputies. The study utilizes formal legal, comparative legal, and institutional methods. It is substantiated that 145 Kurultai deputies are elected from party lists within a single national electoral district, and that supplementing the existing model with a single-mandate component requires constitutional amendments. The main problems with legal regulation include insufficient transparency in the proceduresfor forming party lists, limited voter influence on the selection of specific candidates, and weak regulation of the ongoing relations between deputies and the regions. It is recommended to publicize internal party selection procedures, ensure regional balance among party lists, legally enshrine annual reporting by deputies, and implement digital feedback mechanisms. The introduction of a single-mandate system is viewed as a long-term constitutional reform that can be implemented provided it ensures equal electoral districts, independent delimitation of boundaries, transparent funding, and effective judicial oversight.
The article examines the special legal regime of the city of Alatau not merely as another instrument of regional development, but as a new form of territorially limited legal experiment within a unitary state. The study focuses on three interrelated issues: the creation of a special institutional environment for private investment, the introduction of functional elements of tax and budgetary autonomy, and the reconciliation of these features with the constitutional unity of the legal space of the Republic of Kazakhstan. The article argues that the Alatau regime cannot be reduced to the ordinary model of a special economic zone, since the Constitutional Law covers city governance, special regulatory acts of the administration, tax preferences, investment disputes, contractual models and experimental legal regimes. At the same time, such differentiation is not unlimited: the law expressly excludes citizens’ rights and freedoms, personal data, criminal law and several other protected areas from the scope of the special regime. The author shows that investment predictability, administrative flexibility and an infrastructural impulse must be balanced by legal safeguards: an open register of acts, fiscal assessment of tax preferences, periodic audit of experimental regimes and accessible mechanisms of legal protection.
Cultural code is a dynamic system of historical memory, language, values, symbols, traditions, and social practices that ensures the recognizability and continuity of a society. Legal scholarship, however, often reduces the mechanisms of its formation to fragmented rules on cultural heritage protection, while the interaction between rights, procedures, institutions, and digital safeguards remains insufficiently explained. This study aims to develop a legal model for the formation of cultural code based on international standards and legislation of the Republic of Kazakhstan. The research applies formal legal, systemic, comparative, hermeneutic, and risk-based methods. It argues that cultural code is not fixed content created directly by the state. Law establishes the conditions under which cultural meanings are preserved, interpreted, transmitted, and renewed with the participation of their bearers. Five levels of the legal mechanism are identified: constitutional and value-based regulation; institutional and policy regulation; identification, safeguarding, and transmission of heritage; guarantees of participation and cultural rights; and digital and intellectual-property regulation. Alongside the strengths of the Kazakhstani model, the analysis reveals sectoral fragmentation, the predominance of detailed rules on tangible heritage, insufficient specification of the procedural rights of bearer communities, and underdeveloped safeguards for the digital use of cultural data. The study contributes a shift from understanding cultural code as a static object of protection to viewing it as a system of social relations continuously reproduced through legal procedures.
CIVIL LAW, CIVIL PROCEDURE
This article examines the participation of persons with hearing and speech impairments in civil proceedings through sign language. It addresses the exercise of their procedural rights, including the right to provide explanations, submit motions and evidence, and participate in judicial debates. Particular attention is paid to ensuring equality of participants in civil proceedings and effective access to justice for persons experiencing difficulties in oral communication. The role of sign language interpreters in enabling such persons to participate fully in court proceedings is analyzed, along with practical issues arising from the use of interpretation services. A comparative legal analysis examines approaches to ensuring the participation of persons with hearing and speech impairments in civil proceedings in Kazakhstan, Uzbekistan, Kyrgyzstan, Belarus, and Azerbaijan. The comparison identifies similarities and differences in the regulation of sign language and interpretation services, as well as procedural safeguards available to these persons. The shortage of qualified sign language interpreters is identified as a practical obstacle to the effective exercise of procedural rights. The article substantiates the need to improve legal and organizational mechanisms for using sign language, expand access to qualified interpretation services, and strengthen procedural safeguards to ensure substantive equality before the law and the courts.
This article examines the relationship between human rights protection and digital technologies in civil proceedings. The research aims to analyze the impact of digitalization on human rights protection within Kazakhstan’s judiciary and to assess its practical effectiveness. The study employs comparative legal analysis, systemic review, and legal modeling methods. Special attention is given to digital platforms such as e-sud, e-gov, and the Electronic Court Office, which enhance transparency, accessibility, and procedural equality in justice delivery. The findings demonstrate that digital transformation strengthens public trust and institutional accountability while introducing new challenges such as data protection, algorithmic bias, and digital inequality. The scientific value of the study lies in conceptualizing digital justice as a sustainable mechanism for human rights protection. Its practical significance is in offering recommendations for improving legal frameworks, promoting ethical standards, and enhancing digital literacy in judicial practice. The research contributes to the modernization of Kazakhstan’s legal culture and supports the formation of an equitable and transparent digital justice system.
CRIMINAL LAW, CRIMINAL PROCESS
The article addresses the implementation of the Council of Europe Convention against Trafficking in Human Organs into the criminal legislation of the Republic of Kazakhstan. Its relevance follows from the forthcoming ratification of the Convention and the need to align national criminal law with its requirements. The purpose is to identify the gaps in the current wording of Article 116 of the Criminal Code and to develop ways of eliminating them by comparing the conventional obligations with the materials of a specific criminal case. The methodological basis comprises formal-legal, comparative-legal, systemic and criminological methods, analysis of judicial practice and legal modelling. It is established that the national provision criminalises mainly the act of removal and unlawful transactions, whereas the conventional standard requires liability for recruitment, offering, mediation, transportation, storage and financing of illicit organ trafficking. Judicial materials show that donors acting under extreme need and deception are convicted on an equal footing with the organisers. A new wording of Article 116, separate offences of recruitment, mediation and document forgery, a note on donor-victim immunity, and administrative liability of legal persons are proposed. The conclusions are applicable in law-making and law enforcement.
Nowadays, artificial intelligence has penetrated all public spheres of the state, especially the state administration
system, financial and economic, agricultural, educational, and healthcare sectors, and is showing its effectiveness. At
the same time, the use of artificial intelligence for criminal purposes poses a threat to society and leads to violations.
The purpose of the scientific article is to conduct scientifically based research to prevent crimes committed with
the help of artificial intelligence, to comprehensively study measures to prevent crimes committed with the help of
artificial intelligence from the point of view of legal science. It is intended to identify the priority areas of crimes
committed with the help of artificial intelligence and improve measures to prevent crimes committed with the help of
artificial intelligence. In order to prevent crimes committed with the help of artificial intelligence, proposals are made
to the criminal law legislation of the Republic of Kazakhstan. The prevention of crimes committed using artificial
intelligence involves improving legislation, determining legal liability, and training specialists in the field of digital
law. The criminal and legal nature of crimes committed using artificial intelligence, Deepfake (fake video/audio),
cybercrimes, cyberattacks, and other illegal activities is determined and analyzed.
The article examines problems of criminal-law qualification of acts in which digital assets appear as the subject of crime or are used to conceal the criminal origin of property in the Republic of Kazakhstan. It is substantiated that, for criminal law, a digital asset should be regarded first and foremost as a proprietary value rather than pure information. In theft, decisive significance attaches to the victim’s loss of control over the asset; in fraud, to a defect of will be caused by deception or abuse of trust; and in laundering, to financial operations aimed at giving a lawful appearance to the origin and movement of the asset. The current criminal legislation of Kazakhstan already contains norms capable of covering principal forms of encroachment upon digital assets; however, law enforcement requires clearer qualification criteria, a uniform approach to digital traces, and a special methodology of proof. The greatest difficulties in practice are connected with determining the subject of crime, distinguishing secret taking from taking by deceit, establishing the moment of completion of theft, and proving the value, control, and origin of the digital asset. A practice-oriented model for qualification of crimes related to digital assets is proposed.
The article examines the criminogenic influence of social networks on minors, as well as the factors and conditions associated with social networks. The negative impact of social networks on minors, their dependence on the Internet, the absence of supervision by adults, and the lack of engagement in constructive activities – all of these pose a “danger” to minors. This danger manifests as a threat to their legal consciousness and safety. It is therefore important to reduce the dependence of minors on social networks. As is well known, Internet addiction sometimes leads to serious consequences: participation in bullying, cybercrime, destructive effects on mental health, attempts at manipulation, and being driven to suicide. In Kazakhstan, in 2023, 15 percent of schoolchildren encountered online bullying, which, according to psychologists, exacerbates mental health problems. In Kazakhstan, according to a 2023 study by the National Centre for Public Health, approximately eight percent of adolescents show signs of Internet addiction, and 10 percent show signs of addiction to computer games. It is known that measures aimed at the legal regulation of social network content are timely, but insufficient. The article also addresses this problem and proposes possible ways of combating it.
The study explores the role of digital forensics in the context of criminal investigations in Kazakhstan, focusing on how digital evidence such as CCTV footage, mobile data, and social media content is collected, analysed, and used. Drawing on policy documents, case studies, and legal frameworks, the research highlights the expanding use of surveillance technologies, artificial intelligence, and big data in both crime prevention and state control. While digital forensics enhances capabilities in tackling cybercrime and fraud, its use in monitoring political dissent raises concerns about civil liberties. The study also identifies major legal, technical, and institutional challenges affecting the reliability and admissibility of digital evidence in court, including vague legislation, inconsistent procedures, and insufficient regulatory oversight. The study contributes both practically and theoretically to discussions on digital forensics practices withing evolving legal systems. It proposes measures to strengthen evidentiary standards, advance legal reform, and enhance institutional capacity, while emphasising the need for increased transparency and ethical governance in digital forensic practices.
This study systematically analyzes procedural documents of pre-trial proceedings, judicial acts, and legal
instruments drafted by citizens and participants in legal proceedings to protect their rights and freedoms across
various branches of law. Its primary objective is to evaluate the feasibility of adapting artificial intelligence tools to
build functional models for procedural document constructors. The underlying premise asserts that the successful
integration of artificial intelligence into modern legal practice requires a thorough preliminary scientific analysis
of the structure, content, and specific purpose of procedural documents. Employing formal legal, comparative
legal, analytical, systematization, and legal modeling methods, the study examines key legal documents–including
indictments, court rulings, defense acts, lawyer requests, and interview records–and substantiates the necessity of
unifying and structuring them for the effective training of intelligent models. The scientific and practical significance
of this research lies in establishing a solid foundation for digital procedural document constructors capable of
improving the overall quality, accessibility, and efficiency of legal assistance. The findings offer practical utility
for courts, law enforcement and specialized agencies, the legal profession, and free legal aid programs aimed at
expanding citizens’ access to justice.
Amnesty is a legal institution that expresses the state’s complete or partial renunciation of its power to prosecute and punish crimes, producing significant consequences for both substantive criminal law and criminal procedure law. This study first examines the concept and types of amnesty, and subsequently analyzes the legal effects of general amnesty within the framework of criminal law and criminal procedure law. An analysis of the legislation of Kazakhstan and Turkey is conducted, рarticular emphasis is placed on the procedural implications of applying general amnesty to ongoing investigations and prosecutions. In this context, issues such as the decision of non-prosecution during the investigation phase, the dismissal of the case during the prosecution phase, and the possibility of immediate acquittal in certain circumstances are discussed. It is essential to establish in the criminal procedure legislation of Kazakhstan and Turkey a mandatory requirement to ascertain a person’s position regarding the application of amnesty at all stages of criminal proceedings, as the termination of criminal prosecution due to amnesty should not automatically deprive a person of the opportunity to seek a trial on the merits and establish their innocence.
The paper provides a legal and criminological analysis of crimes related to the illicit trafficking of drugs in Kazakhstan. Based on statistical data, regulatory legal acts, and academic research, the main trends in the development of this category of crime are examined. It is established that a significant proportion of offenses consists of acts not related to the sale of narcotic drugs; at the same time, the role of organized groups and digital channels for the distribution of prohibited substances is increasing. Particular attention is paid to distinguishing the elements of crimes provided for in Articles 296 and 297 of the Criminal Code of the Republic of Kazakhstan, as well as to the problems of proving intent to sell and assessing digital evidence. The impact of subordinate regulatory acts, including lists of controlled substances and quantitative criteria for their determination, is analyzed. The importance of judicial clarifications for the uniform application of legislation is demonstrated. It is noted that improving the effectiveness of combating drug-related crime requires a combination of criminal law measures with preventive and rehabilitation activities, as well as consideration of new challenges associated with the digitalization of social relations.
This article examines the legal risks that deepfakes pose to honour, dignity, privacy, the right to one’s image,
business reputation and public safety in the Republic of Kazakhstan. The problem is framed as a new means of
harming individuals and public order through synthetic audio, photographic and video content, rather than an
isolated technological defect. Sources comprise Kazakhstan’s Constitution, Civil and Criminal Codes, Code of
Administrative Offences, the Laws “On Artificial Intelligence” and “On Online Platforms and Online Advertising”,
international instruments, and EU, US and UK legal approaches. Formal legal, comparative, systemic and doctrinal
methods and legal modelling are employed. Existing safeguards are fragmented: addressing defamation, privacy
violations, fraud and dissemination of false information, they do not fully encompass synthetic impersonation. A
sequential framework from detection to restoring victims’ rights is proposed, with limits on using detection results
as digital evidence. The author proposes a differentiated model: civil remedies for urgently halting dissemination
and removing harmful deepfakes; priority application of existing offences and development of targeted criminal-law
criteria for non-consensual intimate deepfakes, using minors’ images in sexualised contexts, fraud, extortion and
impersonation seriously threatening public safety; and specific platform obligations without duplicating existing
labelling requirements.
INTERNATIONAL AND COMPARATIVE LAW
Globalization has transformed cross-border trade in medical services into a fully developed large-scale industry. Roughly 14 million individuals seek medical care outside their home country on an annual basis, and the worldwide market for this practice is valued at close to 40 billion USD. Nevertheless, neither international law nor domestic legal systems provide a legally codified definition of “international medical services,” leading to terminological ambiguity and legal risks when qualifying the relevant legal relationships. The article synthesizes existing doctrinal perspectives and, based on theirintegration,formulates an original authorial definition ofinternational medicalservices.It examines the four modes of supply under GATS, explores the tension between trade liberalization and states’ obligations to uphold the right to health, and highlights legal uncertainty in interpreting the governmental services exception. The study substantiates a presumption that public services fall outside the scope of GATS. Practical recommendations are offered for Kazakhstan. These include revising its WTO commitments, strategically employing specific commitment categories, and involving public health authorities in international negotiations. The findings may assist the country in shaping its national position regarding trade in international medical services.
The study examines the legal status of surrogate mothers in the Republic of Kazakhstan and in U.S. states of Illinois, California, Colorado, Nevada, New York and Florida, focusing on their rights and contractural obligations. The comparative analysis reveals a broader scope of reproductive and contractural autonomy for surrogate mothers under the laws of these U.S. states, particularly regarding health and pregnancy, fetal reduction, lifestyle choices and, subject to legal conditions, withdrawal from contractual obligations or unilateral termination of the surrogacy agreement. The results of the study confirm that the absence of prohibitions or restrictions on the behavior ofAmerican surrogate mothers contradicts the subject of the surrogacy contract, which is the carrying of an embryo, the birth of a child and its transfer to legitimate parents, the nature of obligations to create favorable conditions for the course of pregnancy and intrauterine development of the fetus, as well as the interests of the couple, who, due to diagnosed infertility, have direct medical indications for surrogacy and wish to have a child. Taking into account the positive experience of the U.S. legal system, directions for transforming the regulation of the legal status of surrogate mothers in Kazakhstan are proposed.
The article examines the formation of a multi-level system of international legal and national protection of minors from information threats in the digital environment. The relevance of the study is by the fact that digital communications have become an independent space of socialization for children and adolescents, while risks are often realized in a hidden communicative form (cyberbulbullying, online grooming, dissemination of destructive and sexualized content, unlawful use of personal data), which complicates early detection and legal assessment. The purpose of the study is to identify key international standards and to compare the regulatory and criminal law models of response being formed in different jurisdictions. The methodological framework includes formal legal and hermeneutic analysis of international and national acts, systemic and structural-functional approaches to assessing the distribution of duties between the state and digital intermediaries, as well as the comparative legal method for identifying common trends and differences (including the standards of the Council of Europe on cybercrime and the protection of children against sexual exploitation). It is shown that the modern model of protection is increasingly shifting from exclusively criminal prosecution to a combination of criminalization and preventive regulation of platforms.
This article provides a comprehensive analysis of institutional and legal mechanisms for protecting personal data in the context of artificial intelligence (AI) usage in Kazakhstan, compared with the European regulatory framework. Special attention is given to the EU General Data Protection Regulation (GDPR) and the AI Act. The relevance of the study is justified by Kazakhstan’s large-scale digital transformation and national AI strategies. The study aims to identify legal gaps and conflicts between innovation incentives in AI and privacy guarantees. Methodologically, it employs formal-legal, comparative-legal, and institutional approaches. The key regulatory acts of the Republic of Kazakhstan governing relations in the field of personal data protection, digitalization, and artificial intelligence were analyzed, along with the current strategic documents. Particular attention was paid to the interrelationship between the legal regulation of personal data, digital technologies, and artificial intelligence. It is found that Kazakhstan is actively aligning with European standards, introducing a risk-based approach to AI regulation with bans on discriminatory algorithms. However, gaps are identified: insufficient attention to prior risk assessments, limited institutional oversight, and underdeveloped rights to explanations for automated decisions. The findings are relevant for improving Kazakhstan’s regulatory framework on digital sovereignty, AI, and data protection.
Effective use and protection of transboundary water resources is a priority area of international legal regulation due to the interdependence of environmental, economic and social interests of States. This issue is critical for Kazakhstan, given the formation of a significant part of the country’s water runoff on the territory of neighboring states. The purpose of the study is to systematize international legal mechanisms for the settlement of transboundary water disputes and to develop recommendations for their effective application in the water diplomacy of the Republic of Kazakhstan. The scientific and practical significance of the work is determined by the consideration of dispute resolution as an integrated system of prevention, coordination and institutional management. The methodological tools include formal-legal, comparative-legal, doctrinal, institutional and system-structural methods, which are used to conduct a comparative analysis of international conventions and water legislation of the Republic of Kazakhstan. As a result, a multi-level settlement model has been substantiated, covering information exchange, prior notification, joint monitoring, negotiations, interstate commissions, mediation, fact-finding, as well as arbitration and judicial proceedings. The value of the research lies in the conceptual justification of the transition from the reactive settlement of water disputes to their prevention and sustainable institutional management.
ISSN 2959-4200 (Online)