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Transformation of the insurance contract in the context of the development of electronic services and digital platforms

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.

Open article
Year of release: 2026
Number of the journal: 2(102)
Heading: Law