К ВОПРОСУ О ПРАВОВОМ РЕГУЛИРОВАНИИ ИСКУССТВЕННОГО ИНТЕЛЛЕКТА В ПРАВОСУДИИ

Abstract

The article traces the stages of the digitalization of justice and the emergence of legal regulation of artificial intelligence (AI) systems in the Republic of Kazakhstan. The aim of the study is to define the legal and organizational foundations for the use of AI in judicial activity, to identify institutional risks, and to propose directions for improving normative regulation in line with international standards. The methodological basis comprises general scientific and special legal methods: dialectical, systemic, formal-legal, and comparative-legal, as well as legal modeling. The evolution of the digital infrastructure is examined — from the Informational Kazakhstan — 2020 and Digital Kazakhstan programs to the Concept for the Development of Artificial Intelligence for 2024–2029. Particular attention is paid to the adopted Law of the Republic of Kazakhstan No. 230-VIII On Artificial Intelligence of 17 November 2025, which entered into force on 18 January 2026: the risk-based approach, the classification of systems by degree of autonomy, the prohibition of fully autonomous systems, transparency and audit requirements, the national AI platform, and the correlation of the Law with procedural codes are analyzed. It is established that the current regulation, while setting a general framework, does not reflect the specifics of AI use in justice: there are no certification procedures for judicial AI systems, no registry of such systems, and no procedural guarantees of human control. The need for a risk-based model is substantiated, including registration and audit of AI systems, algorithmic explainability, and the priority of judicial discretion. Proposals are formulated for incorporating relevant norms into procedural legislation and for developing interdepartmental cooperation.