DIGITAL LAW IN THE KAZAKH LEGAL SYSTEM: THEORETICAL AND LEGAL ASPECTS

Abstract

The article outlines the issues of the formation of digital law as a branch of law in the legal system of Kazakhstan. The article notes that despite the fact that, as of May 2025, Kazakhstan has not yet adopted a separate legislative act in the form of a Digital Code, nevertheless, in the system of Kazakh law, based on those legal norms contained in various legal acts regulating issues of digital relations, artificial intelligence, etc., digital law has been objectively institutionalized.

The authors state that there is no single definition of the concept of  «digital law» in the scientific literature. At the same time, the article notes that digital law on the subject of regulating public relations is not an independent branch, but a complex branch of law, the legal norms of which regulate issues in both the sphere of public law and private law relations.

In turn, the article draws special attention to the fact that the norms of administrative-tort and criminal law, establishing administrative and criminal liability, respectively, in the field of informatization and communication as an integral part of digital relations, are not an integral part of the norms of digital law. Nevertheless, the article emphasizes that digital law includes in its content, to one extent or another, the norms of various branches of law: constitutional, civil, administrative, financial, labor and other branches of law.

In presenting the method of digital law, the authors believe that digital law contains both imperative and optional methods of legal regulation. Accordingly, the article indicates that digital law combines imperative and optional methods of legal regulation to one degree or another.

In addition, the article covers the issues of sources of digital law, and briefly covers digital law as a legal science and as an academic legal discipline.