Civil Law Mechanisms for Compensating Damage Caused by the Use of Artificial Intelligence Technologies: A Comparative Legal Study

The rapid introduction of artificial intelligence (AI) technologies in the Republic of
Kazakhstan has exposed the inefficiency of classical tort law institutions. The blanket norms of the
new Law of the Republic of Kazakhstan "On Artificial Intelligence" refer to the Civil Code, which is
conceptually not adapted to the specifics of algorithmic opacity A comprehensive analysis of the civil law mechanisms for compensating damage caused by
AI in Kazakhstan, identification of regulatory gaps, and development of proposals for modernizing
national legislation based on a comparative analysis with European experience.
The paper applies formal-dogmatic (analysis of the norms of the Civil Code of the Republic of
Kazakhstan and the Law on AI) and comparative-legal (comparison with the EU AI Act) methods, as
well as the method of legal modeling of hypothetical scenarios of causing algorithmic harm.
It has been established that Kazakhstan has consolidated an instrumental approach to AI. The
low efficiency of the general tort (Article 917 of the Civil Code of the Republic of Kazakhstan) for
virtual algorithms and the limited application of the norm on a source of extreme danger (Article 931
of the Civil Code of the Republic of Kazakhstan) exclusively to cyber-physical systems are proven.
The risks of systemic discrimination due to the lack of independent audits of algorithms and a narrow
list of prohibited practices are identified.
The practical value lies in substantiating the need to introduce the presumption of algorithmic
guilt of developers of high-risk AI systems into the Civil Code of the Republic of Kazakhstan. The
proposed mechanisms of mandatory insurance and the use of administrative prejudice will ensure a
balance between stimulating digital innovations and protecting citizens' rights.