Modernization of civil legislation of the republic of kazakhstan in the context of digitalization: digital assets, smart contracts and artificial intelligence

<jats:p>This article examines the necessity and directions for modernizing the civil legislation of the Republic of Kazakhstan in the context of the accelerated digitalization of public relations, taking into account the adoption of the Digital Code of the Republic of Kazakhstan (Law No. 255-VIII of January 9, 2026). The digital transformation of the economy and legal system poses fundamentally new challenges for civil law scholarship and legislative practice, including the legal qualification of digital assets as objects of civil rights, the determination of the legal nature of smart contracts, and the establishment of civil liability mechanisms for the use of artificial intelligence systems. The current Civil Code of the Republic of Kazakhstan (1994), despite its doctrinal soundness and structural stability, contains significant gaps in regulating digital phenomena. The Digital Code establishes a framework for regulating public and private relations in the digital environment but does not fully address the needs of civil circulation. Based on an analysis of current legislation, legal doctrine, international experience (including the EU AI Act), and judicial and arbitral practice, this article formulates de lege ferenda proposals. These include supplementing Article 115 of the Civil Code with a provision recognizing property rights in digital form as independent objects of civil rights; amending Article 152 to recognize smart contracts as a valid written form of transaction; introducing Article 272-1 on the automated performance of obligations; and codifying Article 931-1 on the strict liability of operators of high-risk artificial intelligence systems. The implementation of the proposed amendments will ensure the systemic harmonization of the Civil Code and the Digital Code, create the necessary legal certainty for participants in the digital market, and promote the further development of Kazakhstan’s digital economy.</jats:p>