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.
Open article
Annotation:
Year of release:
2026
Number of the journal:
2(102)
Heading: Law
English
Русский
Қазақ