Application of informational technologies in civil proceedings in Kazakhstan

Abstract

The ubiquitous digital transformation has also affected civil proceedings. However, neither legislators nor scholars have yet given due consideration to the innovations brought about by this phenomenon. This paper aims to characterize electronic civil proceedings in Kazakhstan, identify regulatory challenges, and propose solutions to overcome them. The study employs descriptive, analytical, and formal-legal methods to examine e-justice issues. The article highlights the objectives of digitalizing civil proceedings in Kazakhstan and key initiatives to achieve them. It discusses the information-analytical systems in use, including various services and modules. Additionally, it notes the areas of judicial activity where big data and artificial intelligence (AI) are currently applied. An analysis of Kazakhstan’s experience reveals the following challenges: insufficient transparency in judicial activities; inadequate legal regulation of IT application, including the use of AI in judicial processes; lack of a robust legislative framework for establishing and operating a digital environment. The paper supports the idea of adopting a Digital Code of the republic of Kazakhstan and amending the Civil Procedure Code of the republic of Kazakhstan to ensure proper implementation of civil procedure principles. It is also proposed that the specifics of applying civil procedure norms in electronic format be formalized in a regulatory resolution of the Supreme Court of the republic of Kazakhstan.