BULLETIN of L.N. Gumilyov Eurasian National University Law Series

Alternative dispute resolution methods in the legal system of Kazakhstan

2026-09-27T19:17:35+00:00

Given the intensification of the process of mutual influence of the judicial system and the system of alternative dispute resolution, approaches to classification and systematisation of alternative dispute resolution methods require revision. The study aims to identify current trends in changing the structure of the system of alternative dispute resolution in the legal system of the Republic of Kazakhstan. The article uses the comparative legal method to study existing approaches to building a system of alternative dispute resolution; the analysis method was used to characterise the main methods of alternative dispute resolution; the logical-semantic method was used to clarify the conceptual and categorical apparatus; the structural-systemic method was used to study individual components of the system of alternative dispute resolution. The legal system of the Republic of Kazakhstan provides all the most common methods of alternative dispute resolution. The study showed that the system of alternative dispute resolution is evolving under the influence of digitalisation and the mutual influence of the judicial and ADR systems, which leads to their intersection and the emergence of hybrid dispute resolution methods. The study considered different approaches to the systematisation of alternative dispute resolution methods concerning mediation styles, as well as the impact of digitalisation on the system of alternative dispute resolution. The study identifies the theoretical significance, as the basis for assessing the integration of the alternative dispute resolution system into the national legal system, its legislative regulation and forecasting changes in legislation, and the practical significance of systematising the methods of alternative dispute resolution from the standpoint of criteria for determining the methods most appropriate to the needs and objectives of the parties to a particular legal dispute. The study results propose a broad and narrow concept of alternatives, the concept of quasi-alternatives, and possible options for expanding the classification of alternative dispute resolution methods.

Some Problems of Protecting Employees' Personal Data in the Labour Law of the Republic of Kazakhstan

2026-09-23T13:30:38+00:00

The current level of development of the information community and the deep-rooted and recognized presence of digitalization in the labour sphere have significantly worsened employees' legal situation regarding personal data protection. The legislator does not always keep up with the changes in social and economic relations. The purpose of this study is to reveal defects and gaps in the current norms of labour law in our country with reference to the processing and protection of personal data, as well as to search for legal norms that can eliminate and cover them. The central idea is that the 2013 Law on Personal Data and Their Protection does not account for the specifics of employment relations, while the Labour Code of the Republic of Kazakhstan (LC RK) is confined to a single blanket provision. The scientific and practical relevance lies in the fact that the current LC RK, unlike its predecessor, contains no dedicated chapter on the employee's personal data. The methodology comprises general scientific methods together with the comparative legal method, the method of legal modelling, the systemic method and doctrinal analysis; the EU General Data Protection Regulation, Directive 95/46/EC, the ILO code of practice and foreign scholarship on algorithmic management served as benchmarks, alongside the current digital legislation of the Republic of Kazakhstan on personal data, cybersecurity and artificial intelligence. The main results are the substantiation of the need for a separate chapter in the LC RK and the drafting of articles establishing processing principles, employer obligations, the rights of employees and their representatives, the procedure for anonymisation and destruction of data, and the right of appeal. The study brings tested international standards to bear on Kazakhstan labour law at a moment when administrative sanctions in this field have been significantly raised. Its findings are directed at the legislature and at employers developing internal workplace policies.

Current issues of legal regulation of online labor relations in the Republic of Kazakhstan

2026-09-22T18:16:27+00:00

Online labour relations are no longer viewed merely as a technological novelty; they have become a tangible legal issue. For Kazakhstan, this subject is especially relevant, since digitalisation is moving quickly while many labour rules still rely on the traditional employment model. Because of this, the distinction between online work and conventional labour deserves closer attention.

Remote work is primarily characterized by its independence from location. A worker may perform duties outside the office and even outside the employer’s country. This creates cross-border labour relations: which law applies, where taxes are paid, and who provides social protection. These are practical matters, not abstract theory.

Online employment is often closely tied to digital platforms. A platform may act not only as an intermediary but also as a management mechanism. Orders are distributed, ratings are assigned, and productivity is measured through algorithms. There is a sense of freedom, yet it is not always complete.

The purpose of this study is to analyse the current state of legal regulation of online labour relations in the Republic of Kazakhstan and to identify the main directions for its improvement. The study employs comparative legal, formal legal, and systemic methods, as well as qualitative analysis. The scientific and practical significance of the study lies in identifying directions for improving national legal mechanisms for regulating online labour relations.

The results of the study show that, although certain mechanisms for the legal regulation of online and platform-based labour relations have been established in Kazakhstan, issues concerning the legal status of platform workers, their social guarantees, and the responsibility of digital platforms require further improvement. In this regard, the improvement of national legislation should ensure a balance between the protection of workers’ labour rights and social guarantees and the preservation of flexibility in the digital economy.

Digital forms of violence: criminal-legal measures against online bullying, stalking and psychological violence in the context of the digitalization of society

2026-09-21T19:05:31+00:00

The article presents a criminal-law and criminal-procedure analysis of new forms of violence that have become widespread amid the digitalization of society, including online bullying, stalking, cyberstalking, and psychological violence. The study aims to examine the legislation of the Republic of Kazakhstan developed between 2022 and 2026, assess the effectiveness of existing legal mechanisms, and formulate specific proposals for their improvement. Its main areas include the protection of minors and adults from digital harassment, liability for stalking, the legal classification of psychological violence, and the procedures for collecting, recording, and preserving digital evidence. The scientific and practical significance of the study lies in identifying gaps in national legal regulation and substantiating ways to address them with due regard to the experience of the United Kingdom and Italy and relevant international standards. The research employs formal legal, comparative legal, systemic and structural, and statistical methods. The findings demonstrate that specific protection against cyberbullying primarily covers minors, while repeated digital harassment of adults remains insufficiently regulated. Procedural requirements concerning the integrity and chain of custody of electronic data also require further clarification. The article proposes introducing a specific administrative offence, establishing urgent judicial protection orders, adopting inter-agency rules to ensure the authenticity and integrity of digital evidence, and developing a unified statistical classification. The study contributes to the relevant field by examining criminal-law, procedural, and preventive measures against digital violence as an integrated system. Its findings may be applied in legislative activity, judicial and investigative practice, prosecutorial supervision, and crime prevention.

Assessment of the potential of artificial intelligence technologies and other modern methods for detecting deepfake materials in fraud and other unlawful acts

2026-09-20T13:40:05+00:00

The article assesses how far artificial intelligence and other modern methods can detect deepfake material used in fraud and other unlawful acts. It describes the main forms of synthetic media: face swapping, facial reenactment, voice cloning, full-face synthesis and forged biometric credentials. It then compares the available detection tools: convolutional neural networks (XceptionNet), vision transformers, frequency-domain analysis, biological signal analysis and cryptographic provenance (C2PA). These tools perform almost flawlessly on benchmarks, but their accuracy falls on real-world material. The causes are lossy compression, poor generalisation to unfamiliar data, and vulnerability to adversarial attacks. Recent benchmark evaluations demonstrate that Vision Transformers exhibit superior cross-dataset generalization (11.33% drop) compared to CNNs (>15% drop), while classical machine learning models like Random Forest achieve 99.64% accuracy with 2 ms inference time. The procedural analysis focuses on the law of the Republic of Kazakhstan, covering the admissibility of electronic evidence and the distinct roles of experts and specialists. The article concludes that a detector's probabilistic output cannot stand as independent evidence. It becomes usable only with expert interpretation, explainable AI (XAI) and a verified chain of custody. The proposals include a qualifying feature in Article 190 of the Criminal Code (or an aggravating circumstance in Article 54), mandatory labelling of synthetic content, validated forensic methodologies, an interagency reference database and anti-deepfake safeguards in banking.

Navigating the Legal Gaps: Phishing, Vishing, and the Emerging Landscape of Online Fraud in Kazakhstan

2026-05-12T09:25:29+00:00

Phishing, vishing, and broader forms of online fraud pose significant threats to Kazakhstan’s citizens, yet existing legislative and policy frameworks do not comprehensively address these increasingly sophisticated tactics. This article undertakes a comparative legal analysis of Kazakhstani legal documents, including the Penal Code, the Law «On Personal Data and Their Protection», and other relevant regulations, to examine how such crimes are defined and codified. The findings reveal that while fraud statutes broadly accommodate certain dimensions of cyber deception, explicit references to phishing and vishing remain absent or insufficiently developed, leaving enforcement agencies to interpret modern social engineering schemes through traditional legal provisions. Similarly, national cybersecurity strategies, such as the «Cyber Shield of Kazakhstan», recognise social engineering as a growing threat but fail to offer targeted measures for mitigating it. The article argues that these omissions, combined with the dynamic nature of cybercrime, create enforcement ambiguities. By highlighting critical gaps and ambiguities in current legislation, this analysis underscores the need for an updated legal framework capable of keeping pace with evolving cybercriminal methodologies, ultimately ensuring more robust protection for both individuals and institutions.

Criminal law measures against digital forms of violence: An analysis of the current legislation of the Republic of Kazakhstan and its compliance with the contemporary challenges of societal digitalization

2026-09-27T09:00:57+00:00

Rapid digitization of society has led to a significant shift of interpersonal aggression online, making countermeasures against digital violence a highly relevant task for Kazakhstan. This paper provides a legal, comparative, and statistical analysis of protective legislation, primarily Article 115-1 of the Penal Code (stalking) and Article 127-2 of the Code of Administrative Offences (bullying of minors). The aim of the study is to evaluate whether existing criminal and administrative measures meet contemporary challenges. Utilizing formal-legal, comparative, and systemic methods, the authors present an original age-neutral definition of digital violence and substantiate the fragmentary nature of the current protective framework. It establishes that the material construction of stalking requiring "substantial harm" blocks early intervention, while restricting cyberbullying provisions to minors leaves adults unprotected. Drawing on the experience of Germany, Italy, France, and the EU, the authors advance de lege ferenda proposals: reconstructing Article 115-1 as a formal offence, extending cyberbullying liability to adults, criminalizing cyberflashing under a consent model, and imposing a procedural duty on providers to preserve deleted digital evidence prior to its transfer to law enforcement. The conclusions are tested against official

Comparative Legal Analysis of National and International Experience in Preventing Crimes Committed Using Artificial Intelligence Technologies

2026-09-25T10:21:20+00:00

The rapid development of artificial intelligence (AI) creates new opportunities for public and economic development while increasing the risks of criminal misuse. The purpose of this study is to compare national and foreign approaches to preventing offenses in which AI is used as a substantial instrument and to identify mechanisms applicable to Kazakhstan. The research employs comparative legal, formal legal, systemic-structural, analysis and synthesis, and content-analysis methods. Its materials include Kazakhstan's legislation and strategic documents, international instruments, and approaches used in the European Union, the United States, the United Kingdom, China, and the Republic of Korea. The findings show that AI-enabled crime should be distinguished from cybercrime generally and that effective prevention increasingly combines risk-based regulation, technological audits, algorithmic transparency, data protection, institutional coordination, public-private cooperation, and specialized law-enforcement training. The study proposes a coordinated preventive model for Kazakhstan integrating criminal justice policy with cybersecurity, AI governance, data protection, and human-rights safeguards. Its practical value lies in recommendations on interagency coordination, technological capacity, preventive cooperation, and statistical recording of AI-enabled offenses.

International experience in the social adaptation of convicted persons: a comparative study and the potential for application in the Republic of Kazakhstan

2026-09-22T15:42:14+00:00

This arti‏cle examines interna‏tional approaches t‏o the soc‏ial adaptation an‏d resocialisation o‏f convicted pers‏ons and th‏e potential applic‏ation of sele‏cted elements o‏f international exper‏ience in th‏e Republic o‏f Kazakhstan. Using compar‏ative legal, comparative institu‏tional, and empir‏ical methods, the stu‏dy analyses mecha‏nisms of prepar‏ation for rele‏ase and po‏st-rele‏ase support i‏n Kazakhstan, Germany, Norway an‏d Japan. The compa‏rison is bas‏ed on a common se‏t of crit‏eria, inclu‏ding vocational trai‏ning and emplo‏yment, psychol‏ogical and soc‏ial support, the involv‏ement of proba‏tion and soc‏ial services, post-release sup‏port, fam‏ily and commu‏nity involvement, and th‏e individualisation o‏f assistance. The empir‏ical component i‏s based o‏n survey da‏ta from 10‏0 men wi‏th repeated convi‏ctions, sele‏cted from a larger anony‏mous survey o‏f incarcerated per‏sons. Th‏e findings indi‏cate limited exper‏ience of recei‏ving support follo‏wing previous rel‏ease: 90% o‏f respondents repo‏rted receiving n‏o rehabilitation sup‏port, 95% ha‏d not partic‏ipated in soc‏ial adaptation progr‏ammes, an‏d 78% were unaw‏are of rele‏vant support serv‏ices. Th‏e most frequ‏ently reported prob‏lems were unempl‏oyment (68%) an‏d lack o‏f housing (21%)‏. The find‏ings are interp‏reted exclusively i‏n relation t‏o the gro‏up studied an‏d are no‏t generalised t‏o the ent‏ire penal sys‏tem of Kazak‏hstan. Bas‏ed on th‏e comparative an‏d empirical anal‏ysis, th‏e article prop‏oses a th‏ree-sta‏ge model o‏f continuous resocial‏isation support aim‏ed at ensu‏ring continuity o‏f assistance dur‏ing preparation fo‏r release, the trans‏ition from impris‏onment to commu‏nity life, and th‏e initial per‏iod of po‏st-rele‏ase social adapt‏ation.

The right to life and the abolition of the death penalty in Kazakhstan: the path from moratorium to international obligation

2026-06-18T10:18:11+00:00

The article provides a legal analysis of the evolution of Kazakhstan’s model of protecting the right to life in the sphere of abolition of the death penalty. The purpose of the study is to show how a temporary domestic restriction in the form of a moratorium was transformed into a binding international and constitutional standard. The research is based on formal legal, historical legal, comparative legal, and documentary methods. It is demonstrated that the 2003 moratorium suspended executions, but did not remove the institution of capital punishment from the Constitution and criminal legislation. Special attention is paid to the Second Optional Protocol to the International Covenant on Civil and Political Rights, which turned the policy of abolition into an international legal obligation. The article substantiates that Article 20-1 of the Law on International Treaties of the Republic of Kazakhstan and the Law of 29 December 2021, aligning sectoral legislation with the Protocol, became the key instruments of implementation. It is established that the constitutional reform of 2022 completed the transition from restricted use of capital punishment to its full prohibition, while the subsequent repeal of the moratorium decree eliminated normative dualism. The conclusion is that the Kazakh experience demonstrates a consistent link between international ratification, legislative transformation, and constitutionalization of the right-to-life standard; the materials of the fourth UPR cycle confirmed international recognition of this reform.

A comparative legal analysis of the process of complaints by the Ombudsman institute in the Republic of Kazakhstan and Türkiye

2026-09-22T15:48:52+00:00

The aim of the article is to conduct a comprehensive comparative legal analysis of the procedures for reviewing citizens' complaints under the legislation of the Republic of Kazakhstan and Türkiye. This comparative legal study of the ombudsman institutions in both countries allows for a scientific analysis of their functional characteristics, legal status, and methodological differences in the complaint review process. The article examines the complaint review process, types of decisions, and the procedure and liability for failure to implement the ombudsman's recommendations. According to the legislative framework and academic literature, Türkiye follows the classical model of parliamentary oversight, while the Kazakh institution represents a model of human rights protection that combines mixed (presidential-parliamentary) and constitutional oversight mechanisms. The legal status of the ombudsmen in both countries is enshrined in the Constitution. A comparative legal analysis revealed that for a complaint to be considered by the Turkish ombudsman, a citizen must exhaust all administrative procedures, whereas under Kazakhstani law, appeals to the ombudsman do not require special procedures. Based on the annual reports of the ombudsmen of Kazakhstan and Türkiye, a statistical analysis of citizen appeals was conducted from 2013 to 2024. A comparative chart of the number of appeals to the ombudsman institutions of the Republic of Kazakhstan and Türkiye from 2013 to 2024 shows that Türkiye has experienced a gradual increase with minor fluctuations, while Kazakhstan has seen a significant increase since 2021. This study confirms that the ombudsman institution is not simply a mechanism for collecting administrative complaints, but a state body that guarantees the human right to access to justice.

On the legal and financial foundations of local self-government bodies in the Republic of Kazakhstan: current state, problems and recommendations

2026-06-08T08:26:09+00:00

The study focuses on the problems of forming an effective financial system of local self-government (LSG) in the Republic of Kazakhstan. Research devoted to a systematic examination of the financial problems of LSG bodies in Kazakhstan remains insufficient. In his Address of 16 March 2022, President Kassym-Jomart Tokayev referred to the “hybrid nature” of maslikhats as institutions of both local public administration and local self-government and emphasized the need to define their powers more clearly. The article examines the system of legislation on local self-government in Kazakhstan, the financial provision of LSG bodies, and their organizational and legal foundations. The findings indicate that adequate financing is an important condition for effective local self-government, but it cannot replace clearly defined statutory powers, accountability, and organizational mechanisms. The authors propose further legislative development of organizational forms of local self-government at the level of rural and urban settlements, with clearer rules on competence, formation, accountability, and financial provision. Public foundations may also be considered as an additional mechanism for supporting local community initiatives in accordance with legislation on non-profit organizations.

The Legal Status of a Convicted Person as a Constitutional Law Category: the Problem of Statutory Establishment of the Limits of Rights Restrictions in the Republic of Kazakhstan

2026-09-23T10:30:28+00:00

Since 1 July 2026, the Republic of Kazakhstan has been governed by the Constitution adopted at the republican referendum of 15 March 2026. The provision on the limitation of rights and freedoms is placed in Article 41 and retains the requirement that rights may be limited only by law. For a person serving a sentence of imprisonment, this requirement carries particular weight, since such a person's legal status consists entirely of restrictions. The aim of the study is to establish whether the existing manner of laying down restrictions on convicted persons satisfies that constitutional requirement. The academic significance of the work lies in the first constitutional framing, within national doctrine, of the question of the limits of subordinate regulation of a convicted person's status. The methodology comprises a complete formal legal examination of the Criminal Executive Code of the Republic of Kazakhstan and of the Internal Regulations of the institutions of the criminal executive system, an analysis of Law No. 307-VIII of 11 June 2026 bringing the codes into conformity with the Constitution, and a comparative assessment against the German model. The study establishes that the list of non-derogable rights has been reduced by the removal of the right to personal liberty; that bringing the Criminal Executive Code into conformity with the Constitution was largely a drafting exercise which left the articles on the rights and duties of convicted persons untouched; and that the Code refers to the Internal Regulations thirty-three times, while the Regulations themselves contain two hundred and twenty paragraphs and determine the scope of restrictions down to the daily routine approved by the head of the institution. The practical value lies in proposals to amend Articles 11, 16 and 130 of the Code and to raise regime restrictions to the level of statute.

The article is presented within the framework of the competition for grant funding for scientific and (or) scientific and technical projects for 2024-2026. «IRN: AP23485634 Modern transformation of Kazakhstan's penitentiary system through the mechanism of public-private partnership».

Dualism of bankruptcy legislation of THE Republic of Kazakhstan: the limits of legal regulation of insolvency of legal entities and individuals

2026-09-25T04:27:13+00:00

This article examines the dualism of Kazakhstan’s bankruptcy legislation. Two separate acts regulate insolvency without a unified conceptual framework: the 2014 law governs legal entities and individual entrepreneurs, while the 2022 law regulates the restoration of solvency and bankruptcy of individuals. This division creates theoretical and practical challenges, including divergent principles and procedures, inconsistent application of legal provisions, and difficulties in judicial and administrative practice.

The study identifies the legal consequences of this dualistic model, assesses its effectiveness, and considers reforms informed by international experience. It uses comparative legal, formal legal, systemic, and historical comparative methods to examine Kazakhstan’s legislation alongside insolvency regulation in the United States, Germany, the European Union, and Russia.

The comparison shows that separate laws for different categories of debtors are not a widely adopted approach. Legislative fragmentation creates legal gaps, reduces certainty, and leaves individual entrepreneurs particularly vulnerable where the two regimes intersect. The findings support a coherent legal framework for insolvency. The article proposes a single codified bankruptcy law covering all categories of debtors. Before comprehensive codification, targeted amendments to existing laws could align key concepts and procedures, address the most significant inconsistencies, and improve the effectiveness of bankruptcy regulation in Kazakhstan. Such amendments would provide a practical transition toward unified regulation while preserving the specific procedures required for different debtor categories and improving consistency across courts and agencies.

On the issue of the principle of fairness in the administrative court proceedings of the Republic of Kazakhstan

2026-05-28T06:42:34+00:00

The article examines the content and role of the principle of justice in the administrative legal proceedings of the Republic of Kazakhstan in the context of the establishment of a new model of administrative justice. Based on a systematic and comparative legal analysis, the author examines the relationship between the principles of legality and justice, their normative consolidation in the Administrative Procedural Code, and their impact on the nature of judicial control over public administration. It is shown that the application of justice, along with legality, is a necessary condition for turning administrative proceedings into an effective mechanism for protecting the rights and legitimate interests of individuals from unlawful actions of public authorities.

Special attention is paid to practical aspects of the implementation of the principle of justice: the problems of its interpretation by the courts, the tension between formal adherence to the law and the requirement of an individualized, proportionate and humane solution to a public legal dispute, as well as the search for criteria for «the only possible, most reasonable and humane solution within the framework of the law». Based on the material of Kazakh judicial practice and taking into account foreign experience, it is demonstrated that justice is not optional, but a system-forming principle of the administrative process, determining the quality of public administration and trust in administrative justice. The article substantiates the need for further improvement of the legislative regulation of the principle of fairness and the development of doctrinal approaches to its concretization for the sustainable development of administrative legal proceedings in Kazakhstan.

The effective implementation of the principle of justice, explanations in court, the harmonious balance of law and morality, the main criteria for making an optimal decision in domestic practice, and advanced foreign models are widely discussed. The need for further improvement of legislation is also comprehensively and scientifically comprehensively considered.

Legal Regulation of the Integration of Artificial Intelligence and Blockchain Technologies in the Republic of Kazakhstan

2026-09-20T15:20:21+00:00

This article provides a comprehensive analysis of the legal regulation of artificial intelligence and blockchain technologies in the Republic of Kazakhstan in the context of the formation of a modern digital legal system. It examines the provisions of the Law of the Republic of Kazakhstan “On Artificial Intelligence,” the Law “On Digital Assets,” and the Digital Code of the Republic of Kazakhstan, analyzing their conceptual approaches to regulating autonomous algorithmic decision-making, digital assets, and smart contracts. Particular attention is paid to issues of liability allocation in the context of AI system autonomy, the correlation between the immutability of distributed ledger technologies and civil law protection mechanisms, as well as issues of algorithmic transparency and non-discrimination. The study is based on a systemic analysis of national legislation, incorporating international approaches, including OECD principles and the European model of AI regulation. The scientific novelty of the research lies in examining artificial intelligence and blockchain technologies in their technological and legal interconnection, which makes it possible to identify specific features of regulating integrated digital ecosystems. As a result, proposals have been formulated to improve the legal framework, including the introduction of a multi-level liability model, the development of algorithmic auditing, the establishment of “digital restitution” procedures, and insurance mechanisms for risks associated with the operation of autonomous systems.