Kurultai discusses a new Civil Code with AI and digital assets in mind

A session of the Mazhilis of Kazakhstan’s Parliament, 30 December 2020
Archive photo. Source: Мажилис Парламента РК / Wikimedia Commons, CC BY 4.0

Astana, 31 October. The Kurultai’s committee on constitutional legislation, the judicial system and law enforcement held a round table on drafting a new Civil Code that takes account of digital assets, smart contracts and artificial intelligence technologies, the Kurultai said.

Deputies, representatives of the Ministry of Justice, the Adilet party, Maqsut Narikbayev University and the legal community took part, Kazpravda.kz reports. Committee chair Unzila Shapak recalled that the President ordered the new code in the Address of 28 October: deputies are to start work together with the Government and adopt the document by the end of next year. The current code has been amended and supplemented more than 150 times since its adoption but, she said, does not fully account for modern forms of contracts, digital assets and smart contracts. A smart contract is an agreement whose terms are written in program code and carried out automatically, without the parties’ involvement.

Deputy Chairman of the Kurultai Nurlan Beknazarov noted that the current code took effect in 1995 and that the new one should be the legal basis for the transition “to the economy of the future”. In his words, electronic transactions, digital assets, the platform economy, AI and data circulation place new demands on the traditional institutions of civil law, and regulation must not hinder innovation and entrepreneurship. Nursultan Baitilesov, deputy chairman of the Adilet party, said the provisions of the new code must be aligned with current laws on legal entities, corporate relations, inheritance and intellectual property, and that the digital economy must be accompanied by stronger legality and protection of citizens’ rights.

What it means: A deadline has been named, the end of 2027, but the content has not: for now the principles are being discussed. Which norms on AI, digital assets and smart contracts will enter the code cannot be seen from the reports.

Who benefits: Business and entrepreneurs working with digital assets and platforms: according to Beknazarov, regulation should bring legal certainty. Citizens: according to Baitilesov, their rights will be protected in the digital environment too. Lawyers and universities, which are being drawn into the discussion.

Background: On 30 October the Kurultai Bureau told the relevant committees to take up the new Civil Code, and the President’s Address of 28 October called it the legal basis for the transition to the economy of the future.

We have also reported on the Kurultai telling committees to take up a new Civil Code and road quality.

Verified news