Annotation:
The digital transformation of the financial sector and the rapid development of InsurTech
technologies (smart contracts, artificial intelligence, marketplaces) are radically changing the legal
nature of the insurance contract. A critical lag emerges between conservative civil legislation and the
pace of innovation implementation, creating risks of algorithmic discrimination and legal uncertainty.
A comprehensive analysis of the transformation of the insurance contract under the influence
of digital ecosystems, identification of gaps in current regulation, and the development of
recommendations for harmonizing the legislation of the Republic of Kazakhstan, taking into account
advanced international experience.
The study is based on an integrative methodology, including formal-legal, systemic-structural,
and comparative-legal (analysis of the EU AI Act, UK and US experience) methods, as well as legal
modeling and legal hermeneutics.
An epistemological shift from the simple digitization of a policy to self-executing algorithmic
obligations is proven. The necessity of a hybrid contractual architecture is substantiated. The impact of the Law of the RK dated June 30, 2025, which legalizes insurance marketplaces, is analyzed. It has
been established that the algorithmization of underwriting requires the implementation of risk-oriented
standards to avoid algorithmic bias.
The objective need for the prompt introduction of "regulatory sandbox" regimes and norms of
algorithmic transparency in Kazakhstan has been proven. The proposed recommendations aim to adapt
the Civil Code of the RK, establish the legal status of smart contracts, and ensure a balance between
the development of innovations and the protection of financial service consumers' rights.
Year of release:
2026
Number of the journal:
2(102)
Heading: Law
English
Русский
Қазақ