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

Legal problems of using artificial intelligence

Zh.S. Berdiyarova, Sh.A. Saimova, D.S. Abdullaeva — Mon, 30 Mar 2026 00:00:00 +0000

The article examines the legal issues related to the use of artificial intelligence technologies. The purpose of the study is to analyze the main directions of legal regulation of the use of artificial intelligence and to identify ways to improve the current legislation of the Republic of Kazakhstan.

The study applies system analysis, comparative legal and formal legal methods, as well as methods of analysis and synthesis. The article demonstrates that the widespread use of artificial intelligence technologies in various spheres of public life creates new directions for legal regulation.

The authors analyze the relationship between the use of artificial intelligence and issues of personal data protection, cybersecurity, intellectual property rights, and legal liability. In addition, the article examines the features of legal regulation of artificial intelligence in the Republic of Kazakhstan and notes that the main principles of legal regulation in this field are fixed in the Law of the Republic of Kazakhstan “On Artificial Intelligence”.

The article also provides a comparative analysis of international experience, including legal acts of the European Union in the field of artificial intelligence regulation. The research results highlight the need to further improve the legal framework for regulating artificial intelligence technologies, harmonize national legislation with international practice, and develop legal mechanisms ensuring the safe use of artificial intelligence systems.

Types and classification of digital assets: legal aspect

A.A. Zhaksylykbayeva , S.Zh. Suleimenova , N.A. Aldabergenova — Mon, 30 Mar 2026 00:00:00 +0000

The digital economy has changed the way values are created, stored and transmitted. As a result, a wide variety of digital assets have emerged, each with unique characteristics and capabilities. The paper explores different types of digital assets, from cryptocurrencies and stablecoins to irreplaceable tokens (NFT) and central bank digital currencies (CBDC), highlighting their technological fundamentals, economic role and legal differences. By understanding the different categories of digital assets, we can assess the opportunities and challenges they present in the modern digital age.

This article aims to consider the classification of digital assets from a scientific (technological and structural) and legal (ownership and regulation) perspective, with an in-depth analysis of the categories that have emerged in recent years. It also explores how different legal structures in jurisdictions such as Kazakhstan, the European Union (EU) and the United States (USA) are evolving to manage these new forms of value exchange. The scientific novelty of the research lies in the development of the author's classification of digital assets based on their technological and legal characteristics. The practical significance of the work lies in the possibility of using the results obtained in improving legislation, law enforcement practice and the development of regulatory approaches in the field of digital assets.

National approaches to ensuring responsible animal treatment through state mechanisms

A.A. Mukasheva, O.Х. Narzullaev, T.K. Nurekeshov — Mon, 30 Mar 2026 00:00:00 +0000

Kazakhstan's official system for guaranteeing the humane treatment of animals is examined in this article. The Law of the Republic of Kazakhstan "On Responsible Treatment of Animals," enacted on December 30, 2021 (hereinafter – “LRTA”), which established the framework for the establishment of a new legal institution, is examined in particular. The authors consider the theoretical and legal nature of the concepts of “state regulation” and “public administration,” disclosing their specificity and delimitation in relation to the sphere of animal protection.

The study organizes the mechanism's primary functions, including information gathering and analysis, cadastre and state record maintenance, strategic direction development, lawmaking, resource allocation, control and supervision, and educational activities. It is noted that the effectiveness of legal regulation largely depends on the coordinated interaction of state bodies and the completeness of legislative consolidation of functions. The necessity of supplementing the law with provisions on state control and civic education is substantiated, since only a comprehensive approach that combines administrative and educational measures can ensure the sustainable formation of a culture of humane treatment of animals. The authors conclude that further development of legislation in this field is a necessary condition for strengthening the system of environmental law and implementing the principles of humanism in modern society.

Issues of recovery of damages caused by undue delay in civil proceedings

A. Asylbekova , V. Tapakova , M. Zhumagulov — Mon, 30 Mar 2026 00:00:00 +0000

Today, in civil proceedings, one of the most pressing issues is the recovery of damage caused by the waste of time, unjustified prolongation of judicial proceedings. The author analyzes the effectiveness of the right of persons participating in the case to judicial protection of their legitimate interests and rights in civil proceedings, and the principles of the implementation of consideration of cases within a reasonable time frame.

Excessive duration of civil proceedings (undue delay) has a direct impact on both pecuniary and non-pecuniary rights of individuals, including disruption of transactions, freezing of working capital, inflationary losses, additional litigation costs, deterioration of business reputation, psychological distress, and loss of legal certainty. This article examines the issues of recovery of damages caused by undue delay in civil proceedings through the prism of civil liability, procedural guarantees, and international standards of the “reasonable time” requirement.

In the context of the limited development of a specific compensation mechanism for excessive length of proceedings in the legal system of the Republic of Kazakhstan, the article proposes several possible models of redress: (1) tort liability through qualification of undue delay as unlawful action or inaction; (2) clarification of mechanisms for compensation of non-pecuniary (moral) damage; (3) preventive measures based on procedural time limits and judicial case management. The study formulates recommendations aimed at harmonizing judicial practice and establishing a dedicated compensatory mechanism.

Research on Tort Liability in the Context of Medical Artificial Intelligence

Liu Chunhao, Hou Ruixue — Mon, 30 Mar 2026 00:00:00 +0000

The rapid integration of artificial intelligence (AI) into healthcare has substantially improved diagnostic accuracy and treatment efficiency while simultaneously creating complex challenges for determining tort liability. The autonomous decision-making capacity of medical AI systems and the opacity of algorithmic processes (“black box” effect) complicate the identification of fault, the establishment of causation, and the allocation of liability within traditional tort law frameworks. This article argues that existing legal mechanisms are insufficient to address harms caused by highly autonomous medical technologies and proposes a comprehensive liability regime adapted to the specific risks of medical AI.

The proposed framework is based on three key dimensions. First, specialized legislation should introduce classification and risk-grading standards for medical AI and clear criteria for identifying algorithmic defects, thereby clarifying responsible parties. Second, a coordinated system of imputation combining fault-based, strict (no-fault), and equitable liability is necessary to balance technological innovation with effective protection of patients’ rights. Third, a diversified remedial mechanism should include reversal or mitigation of the burden of proof, compulsory liability insurance, and compensation funds to ensure prompt and adequate compensation.

Such a risk-oriented legal framework is essential for safeguarding patient safety and supporting the sustainable development of medical AI.

The language of civil proceedings and interpretation as procedural guarantees for foreign persons

A.K. Muidenova , A.Zh. Issayeva , M.A. Zhumadilova — Mon, 30 Mar 2026 00:00:00 +0000

The article examines pressing issues related to safeguarding the linguistic rights of foreign persons in civil proceedings of the Republic of Kazakhstan. The purpose of the study is to conceptualize the language of judicial proceedings and the institution of interpretation as fundamental structural guarantees of the right to judicial protection in the context of the internationalization of private-law disputes. The object of the research comprises civil procedural relations involving foreign persons, while the subject encompasses the legal mechanisms for the implementation of the principle of the language of proceedings and the provision of high-quality interpretation.

The study has yielded the following significant findings: it is substantiated that the language of judicial proceedings constitutes an autonomous element of procedural form, ensuring legal certainty and equality of the parties. It is revealed that the existing regional asymmetry in the use of the state and official languages in Kazakhstan, along with regulatory lacunae in Article 14 of the Civil Procedure Code of the Republic of Kazakhstan concerning criteria for the quality of interpretation, generates risks of a formalistic approach to the realization of the rights of foreign nationals. The authors argue that inadequate interpretation should be classified as a substantial procedural violation distorting the adversarial balance and the principle of “equality of arms.”

The theoretical significance lies in shifting from the perception of interpretation as a technical service to its understanding as a legally significant procedural act directly affecting the lawfulness of judicial decisions. The practical value of the study consists of proposing measures aimed at the professionalization of court interpretation, including the establishment of national registers of certified specialists and the development of standards for assessing the quality of linguistic assistance in the context of the digitalization of justice.

Issues of determining the legal status and liability of online tourism platforms in the Republic of Kazakhstan

A.B. Turysbek, Ye.Zh. Beisov, Zh.A. Issayeva — Mon, 30 Mar 2026 00:00:00 +0000

This article is devoted to the issues of determining the legal status of online tourism platforms and establishing the civil liability of platform operators in the context of the development of digital tourism in the Republic of Kazakhstan. The widespread introduction of digital technologies into the tourism sector has fundamentally transformed the methods of providing tourism services and has led to the formation of new models of relations among tourists, tourism service providers, and online platforms. Despite the rapid expansion of online tourism services, the existing national legislation does not yet provide a clear and consistent regulatory framework for the legal relations arising from the operation of online tourism platforms.

This study examines the legal status of online tourism platforms within the digital tourism environment, clarifies their role in tourism-related legal relations, and evaluates how effectively the legislation of the Republic of Kazakhstan in the fields of tourism regulation, civil law, and consumer protection responds to the practical issues associated with their functioning. The research employs formal-legal, comparative-legal, and doctrinal methods of analysis, and examines national and foreign scholarly approaches as well as international experience.

The article substantiates that a unilateral classification of online tourism platforms solely as information intermediaries or as tourism service providers is insufficient. The research findings demonstrate that such platforms exert a significant influence on the conclusion of tourism transactions, tourists’ freedom of choice, and the formation of service terms and conditions. Moreover, the absence of a clearly defined legal status of online tourism platforms, as well as the uncertainty regarding the scope of their liability towards tourists, directly affects the level of protection of tourists’ rights and complicates the resolution of disputes in practice.

The conclusions of the study justify the need to improve the legal regulation of digital tourism and offer scientifically and practically significant propositions aimed at defining the independent legal status of online tourism platforms and clarifying the scope of their liability.

Problems of Enhancing the Protection Mechanism for Citizens' Rights and Freedoms in the Decisions of the Constitutional Court of the Republic of Kazakhstan

B.S. Rakhmetulina, D.M. Baimakhanova, A.B. Rakhmetulin — Mon, 30 Mar 2026 00:00:00 +0000

The article examines the problems of enhancing the mechanism for protecting citizens’ rights and freedoms in the decisions and practice of the Constitutional Court of the Republic of Kazakhstan, focusing on both institutional development and societal factors influencing constitutional protection. The research addresses the central problem of insufficient effectiveness of constitutional safeguards, which is significantly affected by legal nihilism, low legal culture, and gaps in legislation that limit the full realization of constitutional rights. The object of the study is the system of constitutional protection of human and civil rights in Kazakhstan, while the subject is the functioning of the Constitutional Court, its jurisprudence, and the socio-legal conditions that determine the quality of constitutional justice.

The study establishes that the majority of constitutional appeals in Kazakhstan arise from citizens’ legal illiteracy and misunderstandings regarding the Court’s jurisdiction. The Constitutional Court’s practice reveals numerous legislative inconsistencies in the areas of social protection, access to information, public service, and business regulation, demonstrating the urgent need for improved legal monitoring and more effective procedural mechanisms. The article concludes that strengthening legal education, increasing public awareness, and enhancing institutional guarantees of constitutional review are essential for ensuring the supremacy of the Constitution and improving access to justice.

Legal nature of regulative decisions of the Constitutional Court of the Republic of Kazakhstan: comparative legal analysis

M.T. Junussova, A.A. Kalybaeva, M. Shauali — Mon, 30 Mar 2026 00:00:00 +0000

The determination of the legal nature of the normative resolutions of the Constitutional Court of the Republic of Kazakhstan is an important aspect of defining the boundaries of the national legal system. The relevance of the study is enhanced by the adoption of the new Constitution of the Republic of Kazakhstan at the republican referendum on 15 March 2026, which necessitates a reconsideration of the role of constitutional review and the legal significance of the decisions of the Constitutional Court of the Republic of Kazakhstan.

The article examines the legal nature of the normative resolutions of the Constitutional Court, their impact and legal consequences in the context of Kazakhstan based on a comparative legal analysis. The study analyzes the binding nature of the Constitutional Court’s decisions, the mechanisms of their implementation, as well as their influence on the legislative, executive and judicial branches of power. In addition, the place and significance of these decisions within the system of legal regulation are determined.

By comparing the practice of constitutional courts of foreign states, similarities and differences are identified, and the impact of such acts on the formation and development of the legal system is assessed. The study substantiates the dual legal nature of the Constitutional Court’s decisions as both a source of law and an act of law enforcement. It formulates their role and significance in legal regulation.

Legal Aspects of Labor Regulation for Individuals Performing Non-Standard Employment Functions

S.B. Zharkenova, G.G. Galiakbarova — Mon, 30 Mar 2026 00:00:00 +0000

Changes brought about by digitalization and the introduction of artificial intelligence into our lives require new approaches to regulating labor relations, in particular, expanding the role of the employment contract in regulating labor relations, including those arising in the sphere of non-standard employment.

This article examines the problematic aspects of labor regulation for individuals performing non-standard work, including digital nomads. Currently, labor law scholarship and the labor legislation of the Republic of Kazakhstan (hereinafter referred to as RK) lack a unified concept of what constitutes non-standard employment or what forms such employment takes. Consequently, there is no systematization of these types of labor activity. The legal status of digital nomads remains poorly understood. Therefore, this article focuses on ideas aimed at developing a national concept for digital nomads, which should help overcome gaps in the legislative regulation of this form of employment.

An analysis of labor legislation aimed at expanding the role of the employment contract in the sphere of non-standard employment allowed us to examine the capabilities of the existing electronic unified system for recording employment contracts and identify some shortcomings in its operation. This article was based on current national codified legal acts, as well as materials obtained during the project work. An analysis of individual provisions of these documents allowed identifying problematic aspects of current labor legislation, leading to recommendations for its further improvement. The authors’ ideas presented in the article can be used to develop a concept for legal regulation of precarious employment, including digital nomadism.

Pre-trial investigation of online fraud involving deepfake technologies and social engineering from a biosocial and life-course criminological perspective

K.M. Beaver — Mon, 30 Mar 2026 00:00:00 +0000

This article examines the pressing challenges of pre-trial investigations into online fraud involving deepfake technologies and social engineering methods. The primary goal is to provide a comprehensive analysis of digital crime mechanisms through the lenses of biosocial and life-course criminology to enhance investigative effectiveness. The scientific and practical significance of the study lies in the necessity of adapting traditional legal instruments to conditions of technological asymmetry and digital volatility. The research methodology includes analyzing typical criminal scenarios, studying the specifics of digital traces, and modeling offender behavioral patterns based on their criminal trajectories. Key findings demonstrate the multi-level structure of the criminal mechanism and identify systemic barriers such as rapid data loss and the uncertain procedural status of synthetic content. The author concludes that forming interdisciplinary investigative teams and implementing standards for the immediate preservation of the digital environment are essential. The study's value lies in integrating behavioral analysis into criminal proceedings, facilitating a shift from reactive response to proactive profiling. The practical significance of the outcomes consists of improving investigative tactics and modernizing the regulatory framework to counter high-tech crime.

Сonsidering domestic violence as a systemic delict in the criminal law framework

A.R. Kuttygaliyeva, S.R. Yermukhametova, A.K. Yessengaziyeva — Mon, 30 Mar 2026 00:00:00 +0000

This article presents a comprehensive examination of domestic and family violence through the lens of the concept of a systemic criminal delict. Traditional criminal law tends to treat acts of domestic violence as discrete, isolated offences, which fail to capture their true nature as a persistent behavioural pattern aimed at establishing control over the victim. The paper substantiates the need to move from an incident-based to a systemic approach, whereby domestic violence is conceptualised as a single, prolonged delict encompassing a range of physical, psychological, economic, and sexual abuses.

Drawing upon a comparative legal analysis of the legislation of the Republic of Kazakhstan, the United Kingdom, the United States, and several European countries, as well as international standards (including the Istanbul Convention and CEDAW recommendations), the study identifies key gaps in legal regulation. It proposes an original model for the criminalisation of domestic violence as an independent systemic delict.

The methodological framework is based on comparative legal, dogmatic, systemic-structural, and statistical methods. The findings demonstrate that the incident-based approach is ineffective in addressing domestic violence and that the introduction of the systemic delict concept would enable more robust criminal law protection for victims, as well as more accurate legal classification of perpetrators' actions.

Problems of Legal Regulation of Cyber Violations in Kazakhstan and Ways to Eliminate Them

A.B. Mukhamedzhan, A.S. Ibrayeva, S.E. Assanova — Mon, 30 Mar 2026 00:00:00 +0000

This article explores the challenges of ensuring cybersecurity and regulating cybercrime in Kazakhstan in the context of international best practices. The leading goal of the study is to identify weaknesses in national cybersecurity legislation and propose ways to enhance threat prevention by examining the experiences of the United States, the European Union, and China. The research underlines that the rising number of cybercrimes and their cross-border nature highlight the urgent need for coordinated and comprehensive legal responses. Effective legal regulation of cybersecurity is a critical factor for protecting national information security, defending citizens’ rights, and ensuring the sustainable development of the digital economy. The study analyzes significant regulatory frameworks such as the GDPR, CFAA, CLOUD Act, and China’s Cybersecurity Law, focusing on their content and implementation mechanisms. Methodologically, the research applies comparative legal and regulatory analysis. It reveals key issues, including weak coordination between state and private entities and insufficient incident response mechanisms. The article presents specific recommendations, including establishing a unified coordinating body and strengthening international cooperation. The study's findings propose a valuable contribution to improving Kazakhstan’s cybersecurity legal framework.

Penitentiary Systems of CIS Countries in the Context of International Law: A Comparative Analysis of Implementation Practices

R.N. Mamyrbaev, M.A. Ayubaev, S.M. Sabitov — Mon, 30 Mar 2026 00:00:00 +0000

This article proposes for the first time a conceptualization of the penitentiary systems of CIS countries as a single "transitional model" for the implementation of international standards, situated between the Soviet penal paradigm and the modern human rights approach. A comparative matrix of the implementation of the provisions of the UN Committee against Torture and United Nations standards, including soft law instruments, has been developed, allowing for the identification of typical institutional gaps between international obligations and national practice.

The relevance of this study lies in the fact that most CIS countries have formally ratified key international human rights treaties, including the International Covenant on Civil and Political Rights, the Convention against Torture, and its Optional Protocol.

The purpose of this article is to conduct a comparative legal analysis of the practices of implementing international penitentiary standards in CIS countries, focusing on the Republic of Kazakhstan as a "transitional model." For the first time, the effectiveness of institutional mechanisms for implementing international standards has been quantitatively assessed using empirical data (NPM RK statistics, concluding observations of the UN Committee against Torture, and World Prison Brief data). This study revealed a gap between the number of monitoring visits (500+ per year) and the level of recommendation implementation (36.3%), confirming the thesis of "declarative implementation" in transitional models.

The practical significance of this study lies in the potential use of the findings in further reforming the penal system of the Republic of Kazakhstan and improving the activities of national preventive mechanisms.

Legal regulation of labor of kazakh citizens abroad: use of international law and foreign legislation to improve the legislation of the Republic of Kazakhstan

D.A. Myktybayeva, R.Sh. Davletgildeev — Mon, 30 Mar 2026 00:00:00 +0000

Protecting Kazakhstan citizens seeking employment abroad is one of the key strategic objectives for the upcoming period, as defined in the Concept of Kazakhstan's Migration Policy for 2023-2027. In this regard, this article attempts to examine international experience in legislatively regulating the departure of citizens to foreign countries for employment, as well as in regulating the requirements for drafting international treaties on this issue.

The article aims to analyze international legal frameworks, including those of integration associations and national regulations on organizing the departure of citizens for employment, and to identify the minimum provisions of international treaties in foreign laws that cannot be deviated from when drafting and negotiating international treaties.

This research suggests that the inclusion of minimum requirements for the content of bilateral international treaties in national legislation can increase the responsibility of countries of origin for migrant workers and ensure the completeness of international treaties, thereby enhancing the scientific and practical significance of this article. The article's recommendations and conclusions can be used in developing amendments to national legislation in the area of international treaties and migration.

Comparative analysis of legal approaches to countering deepfake fraud and social engineering: the experience of the USA, the EU, and the Republic of Kazakhstan

A.B. Saktaganova , I.S. Saktaganova , B.U. Turegeldiev — Mon, 30 Mar 2026 00:00:00 +0000

In the context of modern digital transformation, the rapid development of deepfake technologies leads to the emergence of new, more sophisticated forms of online fraud. Content created using Deepfake technology, especially when combined with social engineering techniques, poses a serious threat to the rights and legitimate interests of individuals, public safety, and institutions of digital trust. In this regard, the development by States of legal mechanisms to combat fraud committed with the help of deepfakes is of urgent scientific and practical importance.

This article presents a comparative legal analysis of legal approaches to countering online fraud and social engineering carried out using deepfake technologies. The study is based on the legislative practice of the United States, the European Union, and the Republic of Kazakhstan and covers key regulatory decisions in the field of criminal law regulation, digital content control, responsibility of online platforms, and personal data protection. In particular, the article analyzes specific legislative initiatives related to deepfake content in the United States, acts of the European Union aimed at regulating artificial intelligence, as well as the specifics of the current criminal and information legislation of the Republic of Kazakhstan.

In the course of the research, the methods of comparative legal, formal-logical, and system analysis were used. The scientific novelty of the article is characterized by a comprehensive consideration of the legal threats arising at the junction of deepfake and social engineering, and the development of proposals aimed at improving national legislation. The results of the study are of practical importance in improving the legal policy of the Republic of Kazakhstan in the field of digital security and the formation of effective legal mechanisms to combat online fraud.

The prospects of hydrogen transport engineering in the context of the law of the Republic of Kazakhstan and international law

B.S. Karazhan, M.A. Sarsembayev — Mon, 30 Mar 2026 00:00:00 +0000

This scientific article is devoted to the Kazakh legal and international legal solution to the problems of the formation and development of environmentally friendly digitalized hydrogen transport engineering in the republic. The purpose of the annotated scientific research of the topic of this article is to consider from a legal perspective the formation of a fundamentally new branch of transport engineering in the economy of the republic – hydrogen mobile construction. It is this direction in Kazakhstan's transport engineering that should be based on the introduction of digital technologies, artificial intelligence mechanisms, and automated production systems, as well as industrial robots at various sites of machine-building plants in the country. To provide organizational support for the work of the machine-building industry and its factories, new Kazakhstani laws such as: "On creating conditions for the establishment of the hydrogen transport engineering industry in the republic", "On the introduction of digital technologies and industrial robots into the production process of hydrogen vehicles", "On the creation of an industry for the disposal of obsolete all cars, electric vehicles, including hydrogen vehicles." The article suggests the names of new international multilateral and bilateral conventions and agreements related to the production and export of hydrogen vehicles, marine and river hydrogen locomotives, railway hydrogen locomotives, and wide-body and long-haul hydrogen aircraft.