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Bulletin of Abai KazNPU. Series of Jurisprudence

INSTITUTIONAL PARAMETERS OF THE DIGITAL TRANSFORMATION OF THE JUDICIAL SYSTEM OF THE REPUBLIC OF KAZAKHSTAN: FROM PROCEDURAL DIGITALISATION TO A SYSTEMIC MODEL OF JUSTICE

Published September 2026
KazNU
Abstract

This article substantiates the transformation of the judicial system of the Republic of Kazakhstan in the context of digitalization. The authors’ focus is on the problem of distinguishing between two processes: a) the use of digital technologies in court proceedings, b) the formation of digital justice as a special institutional model. The study is aimed at substantiating the criteria for determining the transition from the technological modernization of judicial proceedings to a more profound transformation of the organization of judicial activity. Based on formal‑legal, comparative‑legal, institutional and systemic methods, as well as the method of legal modelling, results have been achieved that make it possible to identify such stages in the development of the digital judicial environment as electronic support for court activities, digitalised legal proceedings and institutionally mature digital justice. Accordingly, criteria have been proposed that cover the availability of digital tools, the equivalence of procedural opportunities, the compatibility of information systems, the protection of judicial data, the transparency of the mechanisms used, inclusivity and the preservation of the judge’s decisive role. The conclusion is substantiated that further modernization of the judicial system should be assessed based on the degree to which digital solutions comply with the principles of independence, adversarialism, and the completeness of judicial protection, rather than on the formal number of technologies implemented.

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